Senate
9 July 1974

29th Parliament · 1st Session



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OPENING OF THE PARLIAMENT

The Senate met at 10.30 a.m., pursuant to the proclamation of His Excellency the GovernorGeneral.

The Clerk read the proclamation.

The Senior Deputy appointed by His Excellency the Governor-General for the opening of the Parliament, the Right Honourable Sir Edward Aloysius McTiernan, K.B.E., Acting Chief Justice of the High Court of Australia, and the Second Deputy, the Right Honourable Sir Douglas Ian Menzies, K.B.E., having been announced by the Usher of the Black Rod, entered the chamber and took his seat on the dais.

The Senior Deputy, through the Clerk, directed the Usher to desire the attendance of the members of the House of Representatives, who being in attendance,

The SENIOR DEPUTY said:

Members of the Senate and Members of the House of Representatives:

His Excellency the Governor-General, not thinking fit to be present in person at this time, has been pleased to cause letters patent to issue constituting me his deputy to do in his name all that is necessary to be performed in declaring this Parliament open, as will more fully appear from the letters patent which will now be read. (The letters patent having been read by the Clerk)

The SENIOR DEPUTY said:

Members of the Senate and Members of the House of Representatives:

We have it in command from the GovernorGeneral to let you know that after members of the Senate and members of the House of Representatives shall have been sworn, the causes of His Excellency calling this Parliament will be declared by him in person at this place; and it being necessary that a President of the Senate and a Speaker of the House of Representatives shall be first chosen, you, members of the Senate, will proceed to choose some proper person to be your President and you, members of the House of Representatives, will retire to the place where you are to sit, and there proceed to the choice of some proper person to be your Speaker; and later this day you respectively will present the persons whom you shall so choose to His Excellency at such time and place as he shall appoint. Sir Douglas Menzies will attend in the House of Representatives for the purpose of administering the oath or affirmation of allegiance to honourable members of that House. (The Second Deputy and members of the House of Representatives having retired.)

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SWEARING-IN OF SENATORS

The Senior Deputy produced a commission authorising him to administer the oath or affirmation of allegiance and directed the Clerk to read the same.

The Clerk read the commission.

The Clerk produced and laid on the table the certificates of election of senators elected on 18 May 1974 as follows:

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NEW SOUTH WALES-

MURPHY, Lionel Keith COTTON, Robert Carrington McCLELLAND, Douglas CARRICK, John Leslie MULVIHILL, James Anthony SCOTT, Douglas Barr McCLELLAND, James Robert ANDERSON, Kenneth McColl GIETZELT, Arthur Thomas BAUME, Peter Erne

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QUEENSLAND-

WOOD, Ian Alexander Christie MILLINER, Bertie Richard MAUNSELL, Charles Ronald GEORGES, George BONNER, Neville Thomas KEEFFE, James Bernard LAWRIE, Alexander Greig Ellis McAULIFFE, Ronald Edward MARTIN, Kathryn Jean SHEIL, Glenister

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SOUTH AUSTRALIA-

BISHOP, Reginald LAUCKE, Condor Louis HALL, Raymond Steele CAVANAGH, James Luke YOUNG, Harold William CAMERON, Donald Newton DAVIDSON, Gordon Sinclair DRURY. Arnold Joseph McLAREN, Geoffrey Thomas JESSOP, Donald Scott

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TASMANIA-

WRIEDT, Kenneth Shaw RAE, Peter Elliott O ‘BYRNE, Justin WRIGHT, Reginald Charles DEVITT, Donald Michael MARRIOTT, John Edward EVERETT, Mervyn George GRIMES, Donald James TOWNLEY, Michael BESSELL, Eric James

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VICTORIA-

BROWN, William Walter Charles CORMACK, Magnus Cameron PRIMMER, Cyril Graham GREENWOOD, Ivor John BUTTON, John Norman WEBSTER, James Joseph POYSER, Arthur George GUILFOYLE, Margaret Georgina Constance MELZER, Jean Isabel MISSEN, Alan Joseph

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WESTERN AUSTRALIA-

WILLESEE, Donald Robert WITHERS, Reginald Greive

DRAKE-BROCKMAN, Thomas Charles WHEELDON, John Murray SIM, John Peter McINTOSH, Gordon Douglas DURACK, Peter Drew WALSH, Peter Alexanda CHANEY, Frederick Michael COLEMAN, Ruth Nancy

The abovenamed senators made and subscribed the oath or affirmation of allegiance. (The Senior Deputy having retired)

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QUESTION

ELECTION OF PRESIDENT

Senator MURPHY (New South Wales-

Leader of the Government in the Senate, Attorney-General and Minister for Customs and Excise)- Mr Odgers, the time has come when it is necessary for the Senate to choose one of its members as President of the Senate.I propose to the Senate for its President, Senator O ‘Byrne.I move:

The Clerk:

-Is the motion seconded?

Senator Willesee:

- Mr Clerk, I second the motion.

Senator WITHERS:
Western AustraliaLeader of the Opposition

- Mr Clerk, I propose to the Senate for its President Senator Sir Magnus Cormack. I move:

The Clerk:

– Is the motion seconded?

Senator Drake-Brockman:

– I second the motion.

The Clerk:

– Are there any further nominations? There being no further nominations, I invite the 2 candidates to address the Senate.

Senator O’Byrne:

- Mr Clerk, I submit myself to the will of the Senate.

Senator Sir Magnus Cormack:

- Mr Clerk, I submit myself to the will of the Senate.

The Clerk:

– There being 2 nominations, in accordance with the Standing Orders a ballot will be taken. Before proceeding to the ballot, the bells will be rung for 2 minutes. (The bells having been rung)

The Clerk:

– The Senate will now proceed to ballot. Ballot papers will be distributed to honourable senators, each of whom is requested to write upon the paper handed to him the name of the candidate for whom he desires to vote. The Clerks will now distribute ballot papers to all honourable senators. The candidates are Senator O’Byrne and Senator Sir Magnus Cormack. In marking the ballot paper it is sufficient to write the surname only. (A ballot having been taken)-

The Clerk:

– I have to announce the result of the ballot as follows: Senator O’Byrne, 3 1 votes; and Senator Sir Magnus Cormack, 29 votes. Senator O’Byrne is therefore elected President of the Senate in accordance with the Standing Orders. (Senator O’Byrne having been conducted to the dais)-

The PRESIDENT (Senator the Hon Justin O’Byrne:
TASMANIA

– Honourable senators, I wish to thank all of you for the very great honour that you have conferred upon me. I hope that I will be able to fill the position in accordance with traditions and with impartiality so that the Senate can fulfil its true function for the good of Australia. I thank you again.

Senator Sir MAGNUS CORMACK (Victoria) Mr President, I take this first opportunity to offer my congratulations to you. I know that in the office to which you have been elected you will follow all the traditions which I am sure you have absorbed in the many years that you have spent in the Senate. As all honourable senators would expect, in accordance with practice, I, as the ex-President, will afford you all my support and the benefit of the knowledge that I gained during my days in the chair. Once more I extend to you my heartiest congratulations.

Senator MURPHY:
Attorney-General · New South WalesLeader of the Government in the Senate · ALP

- Mr President, I congratulate you. You have been in the Senate for a long time. You were the father of the Senate. You still retain that honour but you are now also the President of the Senate. The office is a very high one in our land. Not only in the Parliament but in Australia, it is one of the highest offices that can be held by any man. I am sure that you have the qualities of impartiality, fairness, courtesy and tolerance that have been shown by previous holders of this great office. We know you, and we know that you will do your best. I am sure that your efforts as President will succeed.

Mr President, Senator Sir Magnus Cormack, who has just spoken, who was a candidate for the Presidency today and who was our President for some time, distinguished himself in this high office. He was one in whom we all had confidence. We were proud of him as President of the Senate. He brought great credit to the Senate and to the office of President. I shall say no more than that in politics, as we know, there are differences. There have to be successes and there have to be losses. But I think that this day all of us would want to record our gratitude for the way in which Sir Magnus conducted himself in the high office of President of the Senate. It is no disrespect to him that through the exigencies of politics and elections there has been a change in this office. Mr President, we are sure that you will carry on those high traditions and the Presidency of the Senate will continue to stand above the politics and difficulties that very often arise in this place. On behalf of us all may I say that we are very happy to see you in your present position, Mr President.

Senator WITHERS (Western AustraliaLeader of the Opposition)- Mr President, on behalf of members of the Opposition may I offer our congratulations to you on your election this day as President. Naturally we would have preferred our own candidate to be elected. Apart from that, Sir, we trust that you will carry on the traditions of the 2 Presidents that I have seen in this place- Sir Alister McMullin and Sir Magnus Cormack. Sir, I think that you are the first member of the ex- Whips union to occupy the chair. The knowledge and experience that you must have gained as a Whip over a very long period in this place will have made you familiar with the traditions, Standing Orders and practices of the Senate. We of the Opposition look forward to your ruling fairly, firmly and impartially, favouring neither side but exercising your full authority from the Chair.

Naturally there can be only one winner. As to your predecessor-my very old friend and colleague Sir Magnus Cormack- I wish to say that he carried out the duties of that high office for some 3 years with enormous dignity and with great credit not only to the Senate and the Liberal Party of Australia but also to Australia in general. Our affection for him has in no way been diminished by what has happened. We are about to embark upon a new Senate and a new Parliament with a new President. Mr President, we trust that we will have a smooth running Senate and that I will not be tempted too often to move motions of dissent against your rulings.

Senator DRAKE-BROCKMAN:
Leader Australian Country Party in the Senate · Western Australia

– On behalf of the Australian Country Party I wish to join in the congratulations being extended to you, Mr President, on your election by the Senate to the office of President, which is perhaps the highest honour that can be extended to any member of this place. We look forward to your living up to the high traditions set by your predecessor, a man who at all times demonstrated his interest in the Senate and its operations, a man who presided at all times with great calm and dignity. As one who has served in this place for many years as Deputy President and Acting President I wish to point out to the new members of this chamber that although quite often it would seem to be very easy for the occupant of the chair to make a decision, that is not always the case. Often it involves great consideration in a very short period. I am sure that you, Sir, can do it. May I, on behalf of my colleagues in the Australian Country Party, join with other honourable senators in expressing our appreciation to the retiring President, Sir Magnus Mccormack? My colleagues and I are deeply grateful for the way in which Senator Sir Magnus Mccormack presided at all times over this Senate and also outside it. I think he was a wonderful example to the presidents of this Senate. We are sorry to see you go, Sir, but, as has been said by the Leader of the Government in the Senate, this is the way of politics. To you, Mr President, may we extend our best wishes for your term as President of this Senate.

The PRESIDENT:

– Honourable senators, I should like to thank all those who have spoken and congratulated me on my election to the office of President of the Senate. I too would like to add my warmest and sincerest thanks to Senator Sir Magnus Cormack for the wonderful contribution that he made as President of this Senate. His rulings, his good temper and his general conduct of the Senate are examples that could well be followed by his successors. I should like to pay that special tribute to him from the chair. I thank all honourable senators very much for the very kind sentiments that have been expressed. I hope that the confidence honourable senators have reposed in me will be well justified.

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PRESENTATION TO GOVERNOR-GENERAL

Senator MURPHY:
New South WalesLeader of the Government in the Senate · ALP

– I wish to inform honourable senators that His Excellency the Governor-General will be pleased to receive you, Mr President, and such honourable senators as may desire to accompany you, in the Library at 2.35 p.m. this day.

The PRESIDENT:

– Honourable senators, prior to my presentation to His Excellency the Governor-General this afternoon the bells will be rung at 2.30 p.m. for 3 minutes so that honourable senators may attend in the chamber and accompany the President to the Library when they may, if they so wish, be introduced to His Excellency.

Sitting suspended from 11.48 a.m. to 2.33 p.m.

The PRESIDENT:

– I invite honourable senators to accompany me to the library where I shall present myself to His Excellency, the Governor-General, as the choice of the Senate to be its President.

The members of the Senate proceeded to the Library, and being reassembled.

The PRESIDENT:

– I have to report that, accompanied by honourable senators, I presented myself to His Excellency the Governor-General as the choice of the Senate, and His Excellency was pleased to congratulate me upon my election.

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GOVERNOR-GENERAL’S SPEECH

His Excellency the Governor-General entered the chamber and, being seated, with the President on his right hand, commanded that a message be sent to the House of Representatives intimating that His Excellency desired the attendance of honourable members in the Senate chamber forthwith, who being come with their Speaker.

His Excellency was pleased to deliver the following Speech:

Senators and Members of the House of Representatives:

In the elections for both Houses of Parliament on 18 May 1974, the people of Australia confirmed their decision of 2 December 1972.

In preparing legislation for the 29th Parliament, my advisers have taken the view that the first responsibility of the Government is to carry out, fully and promptly, the program for change twice endorsed by the Australian people. Developments at home and abroad have created new and, in some respects, difficult economic conditions. My advisers believe that this in no way lessens the obligations imposed on the Australian Government to continue and complete its program but rather heightens the sense of responsibility and challenge which it should bring during the next three years to the task of leading Australia in a time of rapid change throughout the world.

The legislative burden of the session must necessarily be extremely heavy. There are certain legislative provisions which lapsed at the end of June and which should have been reenacted before then. There are agreements with the States and rural assistance programs which should have been enacted before the end of June. These measures must receive prompt attention. Further, the Government will again submit important measures put forward in fulfilment of undertakings given to the electors in 1972 and repeated by the Prime Minister during the May elections. These measures include the six Bills which were twice rejected by the Senate and whose Parliamentary history provided the grounds upon which I granted a dissolution of both Houses on 1 1 April. Those Bills provide for electoral reform, for Senate representation of the Australian Capital Territory and the Northern Territory, for the implementation of the Government’s undertakings on health insurance and for a Petroleum and Minerals Authority. My Government will proceed immediately with these Bills.

My Government will continue vigorous efforts against inflation. Despite the world-wide nature of this problem, the Government is confident that its measures can protect the Australian economy and the Australian people from the most harmful economic and social effects of inflation. If this is to be achieved, however, it will call for restraint and responsibility on the part of all sections of the community. My

Government acknowledges its duty to provide leadership in this direction.

In determining priorities and in carrying out its program while continuing the fight against inflation, my Government will be guided by certain principles. These are: protection for the weaker sections of the community; a firm commitment to the principle of full employment; equity in sharing sacrifices as well as prosperity; and the need to ensure that any deferment of expectations shall not be made at the expense of those for whom deferment could mean a lifetime of deprivation- for example, children at school and migrants.

The Government will continue its measures to strengthen and modernise the Australian economy, to improve the quality of the Australian workforce, to expand Australian resources and to promote Australian control over those resources.

The Government will amend the Prices Justification Act to strengthen the Prices Justification Tribunal and make its operations more effective. The Trade Practices Bill will be reintroduced to strengthen control of restrictive trade practices and to protect customers from unfair practices. Further steps will be taken to promote customer protection.

There will be legislation for a Securities and Exchange Commission and a National Companies Act to achieve uniformity.

The Government intends to re-introduce legislation to examine and, where needed regulate activities of non-banking financial corporations.

The Government will establish an Australian Government Insurance Office which will compete actively in all forms of insurance and which, in particular, will provide the widest possible cover for homes at the lowest possible premiums.

The recommendations of the Committee of Taxation under the chairmanship of Mr Justice Asprey will be taken into account in this year’s Budget when my Government will give urgent consideration to the restructuring of the taxation system.

The Government intends to extend the provisions of the income taxation laws governing deductions for dependants to provide that migrants maintaining dependant relatives overseas shall be entitled to the taxation advantages which are already available to those maintaining dependant relatives in Australia.

A Relief Board will be set up to consider requests for relief from estate duty on grounds of serious hardship.

Provision is to be made for exemptions of the matrimonial home from estate duty.

The home-building industry remains overstretched despite efforts by my Government to bring about a moderate abatement in the level of activity. The Government will continue to maintain the closest watch on the position, but until balance is restored between demand and supply of resources, existing restraints must be maintained. The Government is determined to provide adequate finance for an expansion in welfare housing which has suffered severely because of inflationary conditions. This will be done as soon as circumstances permit.

The Housing Agreement will be amended to permit a higher proportion of funds to be allocated to the Home Builders’ Account.

Most Australian home owners and home buyers will receive relief from their interest repayment burdens through the provision of tax deductibility for mortgage interest repayments.

Further measures will be taken to achieve sound industrial and resource development with the maximum Australian ownership and control.

They will include reintroduction of legislation to expand the activities of the Australian Industry Development Corporation and to establish a national investment fund.

The Petroleum and Minerals Authority will participate in the search for resources, assist Australian interests previously relying on foreign companies for development and progressively reduce foreign ownership and control of Australia ‘s resources.

To intensify surveillance of foreign investment, new legislation will be introduced to replace the Companies (Foreign Take-Overs) Act.

A Structural Adjustment Board will be set up to supervise assistance for firms and individuals adversely affected by the Government’s program of structural change in industry, including the reduction of tariffs and the removal of subsidies.

The Government is committed to the development of a coherent manpower policy to achieve the best possible use of the national workforce in social, economic and human terms.

The reports of the Kangan Committee on Technical and Further Education and the Cochrane Committee on Adult Training and Retraining provide a valuable basis for the development of an integrated manpower strategy for Australia. There will be a Technical and Further Education Commission. Existing training schemes will be amalgamated into a single national employment and training program.

Amendments to the Conciliation and Arbitration Act will be again introduced: to ensure effective observance by all parties to industrial agreements; to promote amalgamation of industrial organisations; and to rectify the problems created by conflicting and unco-ordinated Federal and State industrial laws, and urgently brought to the attention of the Australian, New South Wales, Queensland, South Australian and Western Australian Governments by the Australian Industrial Court as far back as February 1969.

My Government is keenly aware of its responsibilities as Australia’s largest employer. A Royal Commission has been appointed to inquire into the Australian Public Service. My Government has accepted the recommendations of the Royal Commission on the Post Office to establish an Australian Postal Commission and an Australian Telecommunications Commission (incorporating the Overseas Telecommunications Commission) and to give them control over the conditions of employment of their staffs.

In recognition of the need for restraint on the growth of government spending, in the present inflationary situation, a ceiling of 2.6 per cent has been imposed on the growth of the Public Service and Government Authorities.

The Australian Government seeks similar restraint on the part of State Governments. Among measures to assist the States to carry out their responsibilities, the Financial Agreement will be amended to provide for the formal takeover of $ 1,000m of State debts and an interest-free, non-repayable capital grant of almost $300m will be provided for the States’ works program.

Australia’s sound overseas trading position is to be further enhanced by legislation: to establish an export bank; to expand the overseas investment insurance scheme; and to revise the export incentive scheme for the next five years of its operation.

The Government will continue to negotiate trade agreements to provide a firm and enduring basis for increased trade with other countries.

The Government recognises the fundamental importance of the farm sector to Australia’s trade and to the prosperity of the whole Australian community.

The report of the working group on rural policy will greatly assist the Government, the Parliament, the Australian Department of Agriculture and the community in establishing the principles which should be adopted towards a sound rural policy for Australia.

Important measures on matters affecting the farm sector will cover the new wheat stabilisation plan, financial support for wool research and promotion, adjustment assistance and marketing arrangements for the dairying industry, continuing financial assistance for major water projects in Queensland and for beef roads in Queensland and Western Australia.

In co-operation with the Governments of Queensland and Western Australia, the Government will press ahead with studies of the potential of important regions in northern Australia, including the Burdekin and Bowen Basin, north-western Queensland and the Pilbara and the Kimberley regions.

An Australian Science Council will be established to assist the Government, the Parliament and the community to develop a coherent national role for science and technology in our modern society.

Better transport is needed for the efficient development and use of Australia’s resources.

The Government proposes to legislate this year for the re-establishment of the Inter-State Commission. The Commission will play a major part in the reform and co-ordination of our national transport.

Legislation will be introduced on the Australian National Railways and to ratify agreements with the States for the construction of new railway lines to Alice Springs and Adelaide and, subject to completion of the agreement, for a new urban railway line radiating from Parramatta.

The Government will introduce legislation for a new Roads Assistance Scheme to provide assistance to the States over the next three years.

The Australian Government will in future take responsibility for constructing and maintaining a national roads system in those areas which fall within the Government’s own constitutional responsibility.

It is proposed to legislate for a national authority on road safety and standards.

The Government intends to introduce legislation for a rationalised system of road and urban transport assistance to the States. The Government will introduce legislation to ratify agreements with all State Governments for the provision of financial assistance for selected urban public transport projects.

Participation by the national Government for the first time in Australia’s history in the modernisation and reconstruction of the urban transport systems is an essential part of the participation by my Government in the modernisation and reconstruction of Australia ‘s cities.

Within the broad sweep of national priorities, my Government is determined to continue its commitments to rebuild our existing cities and to build new ones so that there will be more equal opportunities for all Australians wherever they choose to live or are obliged to live.

My Government will promote these opportunities by continuing commitments to develop Land Commissions and new growth centres, the national sewerage program, area improvement programs, environment impact studies, and through the constant monitoring of resource allocation within our great urban areas.

Parliament will be asked to approve legislation and administrative decisions reflecting the Government’s view of the significance of the Australian Capital Territory as an area for initiatives in urban affairs and public participation in community affairs.

Arising from the report of the Committee of Inquiry into the National Estate, my Governmentproposes to establish an Australian Heritage Commission.

Legislation will be introduced to establish a National Parks and Wildlife Service.

My Government regards the Great Barrier Reef as a precious part not only of Australia’s heritage but of the world’s heritage. The Great Barrier Reef will be reserved as a marine park.

Legislation will be introduced to implement the Government’s policy of ensuring that needs of the environment and the views of the public are fully considered in government decisions particularly in relation to projects under the control of, or funded by, the Australian Government.

The Government is continuing to develop, in co-operation with the State Governments, an organisation to deal with natural disasters.

The legislative program and the administrative decisions of the Australian Government represent the most concerted effort in Australia’s history to promote, protect and preserve Australia’s resources and to use those resources for the greatest benefit of all Australians. The primacy the Australian Government gives to our most precious resource- our children- remains undiminished. This finds special expression in the national Government’s involvement in education.

A major initiative in education during this Parliament will be the development and implementation of programs for the care and education of pre-school children.

An Inquiry will be made into the place of the languages of major migrant groups in the school curriculum. Legislation will be introduced to establish a Curriculum Development Centre.

During this Parliament the Government will be considering the Universities Commission’s Report on Open Tertiary Education and the development of appropriate measures in this area.

An Academic Salaries Tribunal will be established.

My Government will continue its reconstruction of Australia’s social security system. The National Rehabilitation and Compensation Committee under the chairmanship of Mr Justice Woodhouse of the New Zealand Court of Appeal has completed its report and it is now under consideration. An interim report of the National Superannuation Committee of Inquiry is also being studied.

The next Budget will make further increases in social security and repatriation pension rates and take the next step in the abolition of the means test.

It will also provide for increased assistance for the handicapped and disabled, further assistance for organisations conducting aged persons’ homes and nursing homes and help for the homeless.

Under new legislation, funds will be available through the Australian Assistance Plan for every region in Australia.

The Government will continue to improve the health care of Australians in keeping with its constitutional responsibilities to provide hospital benefits and medical services.

In addition to the two Health Insurance Bills twice rejected by the Senate during the 28th Parliament, a Bill will be introduced to regulate private health insurance associated with the Universal Health Insurance program.

The Community Health Program will be further expanded. High priority will be given to a full examination of the Report on Hospitals prepared by the Hospitals and Health Services Commission. The Australian Government must play a greater role in the planning and organising of hospitals in Australia. If necessary, the Government itself will construct and operate hospitals in areas of need.

The Medical Benefits scheme will be extended to cover consultations with optometrists.

Legislation will be introduced to establish a Pharmaceutical Corporation to make, market and develop drugs.

The Government recognises the link between the basic health and well-being of the Australian community and the opportunities for Australians to make better use of their increasing leisure.

The Government will expand its program of grants to sporting and youth organisations and increase its assistance for the creation of community centres and for building of sport, recreation and tourist facilities.

Bills will be introduced: to enable the Housing Loans Insurance Corporation to insure loans for tourist accommodation; to license travel agents; to provide financial assistance for tourist development projects through the Commonwealth Development Bank; and to enable the Australian Tourist Commission to undertake domestic tourist promotion.

An Australian Film Commission will be established to foster and develop Australian film and television program making. The Broadcasting and Television Act will be amended to place beyond doubt the powers of the Broadcasting Control Board to expand opportunities for Australians to make their own radio and television programs. The introduction of frequency modulation broadcasting will also enhance these opportunities. The introduction of colour television on 1 March 1975 will increase opportunities for the sale of Australian-made programs overseas. The Government will re-introduce the Australia Council Bill and will bring forward legislation to establish the Australian National Gallery and the Australian Archives. Provision will also be made for a public lending right for Australian authors.

My Government will submit to the Parliament a number of measures designed to reform the laws under which Australians live and to protect the rights of all Australians under those laws.

The Family Law Bill will be re-submitted.

The Australian Government is convinced that the High Court of Australia must become the final court in all matters pertaining to Australia and to the legal rights and obligations of its citizens. It will proceed with legislation to abolish appeals to the British Privy Council.

Legislation will be re-introduced to create a Superior Court of Australia, a proposal initiated by the previous Government more than a decade ago.

Legislation will be introduced to establish the office of Australian Ombudsman, together with Deputy Ombudsmen, having special responsibilities for the Australian Capital Territory and the Northern Territory, and to establish a Defence Ombudsman.

Legislation will be introduced for a Freedom of Information Act to give a right of access by members of the public to official documents, subject to appropriate safeguards.

The Government will appoint a judicial inquiry into the security services.

The Government proposes to legislate for the disclosure of the sources of funds passing to all Australian political parties and for the limitation of campaign spending by political parties and candidates.

The partly nominated Legislative Council for the Northern Territory and Advisory Council for the Capital Territory will be replaced with wholly elected Assemblies.

Legislation will be introduced to permit Australia to ratify the 1965 International Convention on the Elimination of All Forms of Racial Discrimination, which came into force in January 1969. Legislation will also be introduced to supersede certain provisions of the Queensland Aborigines Act and Torres Strait Islanders Act which are contrary to the principles embodied in the Racial Discrimination Convention and in the International Covenant on Civil and Political Rights. The

Australian Government will not allow the overwhelming decision of the Australian people in the referendum of 1967 to be any longer denied or disregarded.

My Government has accepted in principle the recommendations contained in the Second Report of the Aboriginal Land Rights Commission and following consultation with Northern Territory Aboriginals will legislate to give effect to its policy on granting land rights to these Australians. An Aboriginal Land Fund Bill will also be introduced to establish a Commission to operate the program of land purchase for or by Aboriginal communities.

By these measures my Government seeks to ensure that there is no inconsistency between the principles it pursues abroad and their practice at home. In its relations with other nations, my Government will consolidate and broaden the new priorities and directions it has given to Australia ‘s foreign policy since December 1 972.

It will develop and further diversify its new links in Asia, Africa, the South Pacific and Latin America while maintaining and maturing its traditional associations.

Negotiations for the proposed Treaty of Nara- a basic treaty of friendship and cooperation with our major trading partner- are proceeding harmoniously and constructively with the Government of Japan.

Regional co-operation, including defence cooperation, will remain a principal objective of my Government’s policies, especially in the Asian and Pacific regions.

My Government is committed by the clearest pledges to continue substantial aid to a united Papua New Guinea before and after independence. Since Papua New Guinea achieved selfgovernment in December 1973, the relationship between the governments of Australia and of Papua New Guinea has been based on the principles of equality, mutual respect and mutual co-operation. Pending the final decision of the House of Assembly to declare independence for Papua New Guinea, the Australian Government will conduct its relations with the Government of Papua New Guinea as a government of an independent nation to which Australia has certain special and inescapable obligations.

The Government will encourage and support measures designed to remove tension amongst all states and welcomes the moves by the United States and the Soviet Union to stabilise their strategic relationship. It will pursue actively the objective of nuclear disarmament.

At the same time it will continue to strengthen Australia’s security.

Under the direction of the Minister for Defence, my Government is creating the most effective, mobile and professional defence force in Australia’s peace-time history. The Services are also being equipped to play a greater role in case of emergencies and natural disasters within Australia. The Parliament will be asked to deal with legislation to complete the amalgamation of the former Service Departments.

My Government will strive to ensure that its development aid programs make the highest possible contribution to raising the living standards in the developing world. Legislation introduced during the last Parliament for the creation of an Australian Development Assistance Agency will be re-introduced. Australia shall continue to do its best to play the part required by her wealth and prosperity to combat the scourges of hunger, disease, poverty and illiteracy, especially in this region where history and destiny place us.

Mr President, Senators

Mr Speaker, Members of the House of Representatives.

The Government of Australia in no way seeks to conceal from the Parliament or the people the difficulties and complexities facing Australia at home and abroad in the years ahead. My Government is confident, however, that these can be surmounted, not only through the program I have outlined but by the endeavours of a strong united people and the efforts of a Parliament dedicated to the service of that people.

I now leave the Australian Parliament of which I have been a part for a quarter of a century, as a member of the House of Representatives and then as the representative of the Queen of Australia.

With a confidence born of long experience that you will fulfil to the utmost of your abilities the deep responsibility the Australian people have placed upon you, I leave you to carry out your high and important duties. (His Excellency the Governor-General and members of the House of Representatives retired.)

Sitting suspended from 3.48 to 5 p.m.

The PRESIDENT (Senator the Honourable Justin O’Byrne) took the chair at 5 p.m., and read prayers.

page 12

COMMISSION TO ADMINISTER OATH

The PRESIDENT:

– I inform honourable senators that I have received from His Excellency the Governor-General a Commission to administer to honourable senators the oath or affirmation of allegiance.

Commission laid on the table and read by the Clerk.

page 12

GOVERNOR-GENERAL’S SPEECH

Address-in-Reply

The PRESIDENT:

– I have to inform the Senate that I have received a copy of the opening Speech which His Excellency the GovernorGeneral was pleased to deliver to both Houses of the Parliament.

Motion (by Senator Murphy) agreed to:

That consideration of the Speech of His Excellency the Governor-General be made an order of the day for the next day of sitting.

page 12

MINISTERIAL ARRANGEMENTS

Senator MURPHY:
New South WalesLeader of the Government in the Senate · ALP

- Mr President, I wish to inform the Senate of certain appointments from the Government side- the names of the parliamentary officers here and the Ministers of the Government. I shall continue as Leader of the Government in the Senate. Senator Willesee will continue as Deputy Leader of the Government in the Senate. Senator Douglas McClelland will assist in the management of Government business as Government Manager in the Senate. The Government Whip will be Senator Poyser and the Deputy Whip on the Government side will be Senator Devitt. The Ministry is as follows:

Prime Minister- the Hon. E. G. Whitlam, Q.C.

Deputy Prime Minister and Minister for Overseas Trade- the Hon. Jim Cairns.

Minister for Minerals and Energy- the Hon. R. F. X. Connor.

Minister for Social Security- the Hon. Bill Hayden.

Leader of the Government in the Senate, Attorney-General and Minister for Customs and Excise- Senator the Hon. Lionel Murphy, Q.C.

Minister for Foreign Affairs- Senator the Hon. Don Willesee.

Treasurer- the Hon. Frank Crean.

Minister for Services and Property- the Hon. F. M. Daly.

Minister for the Media and Manager of Government Business in the SenateSenator the Hon. Douglas McClelland.

Minister for Defence- the Hon. L. H. Barnard.

Minister for Agriculture- Senator the Hon. K. S. Wriedt.

Minister for Northern Development and Minister for the Northern Territory- the Hon. Rex Patterson.

Minister for Labor and Immigration- the Hon. Clyde R. Cameron.

Minister for Education- the Hon. Kim E. Beazley.

Special Minister of State and Minister Assisting the Prime Minister in matters relating to the Public Service- the Hon. LionelF. Bowen.

Minister for Repatriation and Compensation -Senator the Hon. John Wheeldon.

Minister for Urban and Regional Developmentthe Hon. Tom Uren

Postmaster-General- Senator the Hon. R. Bishop.

Minister for Housing and Construction- the Hon. Les Johnson.

Minister for Transport- the Hon. C. K. Jones.

Minister for Health-the Hon. D. N. Everingham.

Minister for Manufacturing Industry- the Hon. Kep Enderby, Q.C.

Minister for the Capital Territory- the Hon. Gordon Bryant, E.D.

Minister for the Environment and Conservationthe Hon. Moss Cass.

Minister for Aboriginal Affairs- Senator the Hon. J. L. Cavanagh.

Minister for Science, Minister Assisting the Minister for Foreign Affairs in matters relating to Papua New Guinea and Minister Assisting the Minister for Defence- the Hon. W. L. Morrison.

Minister for Tourism and Recreation, VicePresident of the Executive Council and Minister Assisting the Treasurer- the Hon. F. E. Stewart.

I also announce that the Vice-President of the Executive Council will be the Hon. F. E. Stewart.

I now announce the representations. In this chamber I shall represent the Prime Minister and the Minister for Science. Other representation arrangements in the Senate are as follows: Senator Willesee will represent the Minister for Services and Property, the Special Minister of State and the Minister for the Capital Territory. Senator Douglas McClelland will represent the Minister for Education and the Minister for Tourism and

Recreation. Senator Wriedt will represent the Minister for Overseas Trade, the Minister for Minerals and Energy, the Treasurer, the Minister for Northern Development and the Minister for the Northern Territory, and the Minister for Manufacturing Industry. Senator Wheeldon will represent the Minister for Social Security, the Minister for Health and the Minister for the Environment and Conservation. Senator Bishop will represent the Minister for Defence and the Minister for Labor and Immigration. Senator Cavanagh will represent the Minister for Urban and Regional Development, the Minister for Housing and Construction and the Minister for Transport.

Senator Ministers will be represented in the House of Representatives as follows: The Prime Minister will represent the Minister for Foreign Affairs. Dr J. F. Cairns will represent the Minister for Customs and Excise. Dr Patterson will represent the Minister for Agriculture. Mr Lionel Bowen will represent the Minister for Repatriation and Compensation and the Postmaster-General. Mr Enderby will represent the Attorney-General. Mr Bryant will represent the Minister for Aboriginal Affairs. Mr Morrison will represent the Minister for the Media. They are the parliamentary officers and the ministerial appointments and representations.

The PRESIDENT:

-Is leave granted? There being no objection, leave is granted.

Senator WITHERS:
Western AustraliaLeader of the Opposition

– Firstly, on behalf of the Opposition, I congratulate the Leader of the Government and the other Ministers on their election and appointment to ministerial office. We have a new face among them, my colleague from Western Australia, Senator Wheeldon. We trust that we will be joining battle on different matters in the future. We congratulate him. We will make him earn his money, and we look forward to a very interesting session.

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LEADERSHIP OF THE OPPOSITION

Senator WITHERS:
Western AustraliaLeader of the Opposition

– I announce that the Liberal Party of Australia has elected me its leader in this place. Therefore, Mr President, I assume that you will recognise me as Leader of the Opposition. The Liberal Party has elected my colleague, Senator Greenwood, as Deputy Leader, and my colleague, Senator Young, as

Whip. I trust that they will be recognised by you as Deputy Leader of the Opposition and Opposition Whip.

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LEADERSHIP OF THE AUSTRALIAN COUNTRY PARTY

Senator DRAKE-BROCKMAN:
Leader of the Australian Country Party in the Senate · Western Australia

– I wish to add my congratulations to Senator Murphy and the Ministers who sit behind him, and particularly to the Minister for Repatriation and Compensation (Senator Wheeldon). I have to shadow the Minister for Repatriation and Compensation, so I hope that I will be able to find him when I want him. I wish to say also that I shall continue as Leader of the Australian Country Party in the Senate, that Senator Webster will continue as Deputy Leader of the Australian Country Party in the Senate and that Senator Maunsell will continue as the Party Whip.

page 14

LEADERSHIP OF THE LIBERAL MOVEMENT

Senator STEELE HALL:
South AustraliaLeader of the Liberal Movement

- Mr President, I represent the Liberal Movement in this place as its Leader. There was no trouble at the meeting of my Party in electing me as its leader. I wish to inform the Senate that the Liberal Movement has a State representation of three and an intended representation of the whole nation.

page 14

NOTICES OF MOTION

Senator Douglas McClelland:
Minister for the Media · NEW SOUTH WALES · ALP

– I wish to give 4 contingent notices of motion relating to the suspension of the Standing Orders to facilitate the passage of Bills through the Senate. Firstly, that contingent on any message being received from the House of Representatives transmitting any Bill for concurrence, I shall move:

That so much of the Standing Orders be suspended as would prevent the Bill being passed through all its stages without delay.

Secondly, that contingent on any message being received from the House of Representatives returning any Bill not finally agreed upon, I shall move:

That so much of the Standing Orders be suspended as would prevent the message being at once considered and all consequent action taken.

Thirdly, that contingent on any Bill being reported from a Committee of the Whole, I shall move:

That so much of the Standing Orders be suspended as would prevent the Bill being passed through its remaining stages without delay.

Fourthly, that contingent on any Bill originating in the Senate having been read a first time, I shall move:

That so much of the Standing Orders be suspended as would prevent the Bill being passed through its remaining stages without delay.

Senator GREENWOOD:
Victoria

-Mr President, I give notice that contingent upon question time being concluded on any day, I snail move:

That so much of the Standing Orders be suspended as would prevent me forthwith moving the following motion: That the Senate agrees with the statement made by the Prime Minister that the attack by Senator Brown on the Ambassador of the United States of America was miserable and cowardly and is of the opinion that that the attacks by Senator Brown on the Government of the United States of America are unsubstantiated, irresponsible and unworthy of a member of the Senate of the Commonwealth Parliament.’

Senator RAE:
Tasmania

- Mr President, I give notice that on the next day of sitting I shall move:

  1. That the Select Committee on Securities and Exchange, which was functioning immediately prior to the dissolution of the Senate on 1 1 April 1974, be re-appointed to enable the Committee forthwith to present its report (which was agreed to and in the process of being printed at the date of dissolution) and to conclude and table the 2 remaining chapters not at present included in the printed report.
  2. That the Committee consist of Senators Durack, Georges, Lawrie, Rae, Sim, Wheeldon and Wriedt.
  3. That, in preparing the final 2 chapters of its report, the Committee have power to consider the minutes of evidence and records of the Select Committees on Securities and Exchange appointed during previous sessions.
  4. That the Committee present its final report to the Senate as soon as possible but, in any event, not later than 30 September 1 974.
  5. That the foregoing provisions of this resolution, so far as they are inconsistent with Standing Orders, have effect notwithstanding anything contained in the Standing Orders.
Senator DURACK:
Western Australia

-I give notice that at the next day of sitting I shall move:

That the Senate, as the House of the States, affirms that the States must be provided with adequate and assured sources of revenue with which to discharge their proper responsibilities and accordingly declares its resolution that the States should receive a guaranteed proportion of Commonwealth personal income tax revenues and that the President of the Senate is directed to convey the text of this resolution to the Presiding Officers of each of the Houses of the Parliaments of the States for the information of the members of such Houses.

Senator WEBSTER:
Victoria

-I give notice that on the next day of sitting I shall move:

That the Government’s inability to properly and responsibly manage the economy has placed at serious risk the viability of Australian industry and caused widespread uncertainty throughout the labour force.

Senator DAVIDSON:
South Australia

-I give notice that on the next day of sitting I shall move:

That a select committee be appointed to inquire into and report upon the effects of the development in Australia of new inland cities with large populations and in particular-

the consequences flowing from the demands placed upon inland waters used for industrial and domestic water supplies in those cities; and

the steps which ought to be considered and taken for the proper management and control of such waters to prevent and control any ensuing pollution.

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ASSENT TO BILLS

Assent to the following Bills reported:

Legislative Drafting Institute Bill 1974 Fisheries (Papua New Guinea Boats) Bill 1974 Australian Capital Territory Representation (House of

Representatives) Bill 1974 Customs Tariff Validation Bill 1974 Appropriation Bill (No. 3) 1973-74 Appropriation Bill (No. 4) 1973-74 Appropriation Bill (No. 5) 1973-74 Queensland Flood Relief Bill 1974 New South Wales Flood Relief Bill 1974 Superannuation (Distribution of Surplus) Bill 1974 Governor-General Bill 1974 Supply Bill (No. 1) 1974-75 Supply Bill (No. 2) 1974-75 Remuneration Bill 1974.

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ELECTION OF CHAIRMAN OF COMMITTEES

Motion (by Senator Murphy) agreed to:

That the Senate do now proceed to elect a Chairman of Committees.

Senator MURPHY:
New South WalesLeader of the Government in the Senate · ALP

– I move:

Senator Willesee:

– I second the motion.

Senator DRAKE-BROCKMAN:
Leader of the Australian Country Party in the Senate · Western Australia

– I propose to the Senate for its Chairman of Committees, Senator Webster. I move:

Senator Withers:

– I second the motion.

The PRESIDENT:

– Are there any further nominations? There being no further nominations, I invite the 2 candidates to address the Senate.

Senator Milliner:

– I submit myself to the will of the Senate.

Senator Webster:

– I submit myself to the will of the Senate.

The PRESIDENT:

– There being 2 nominations, in accordance with the Standing Orders a ballot will be taken. Before proceeding to the ballot the bells will be rung for 2 minutes. (The bells having been rung)-

The PRESIDENT:

– Order! The Senate will now proceed to the ballot. Ballot papers will be distributed to honourable senators who are each requested to write upon the paper the name of the candidate for whom he or she desires to vote. The Clerks Assistant will now distribute ballot papers to all honourable senators. The candidates are Senator Milliner and Senator Webster. (A ballot having been taken)-

The PRESIDENT:

– Order! If all honourable senators have voted the Clerks Assistant will now collect the ballot papers. I invite Senator Murphy and Senator Drake-Brockman to act as scrutineers. (The ballot papers having been counted)-

The PRESIDENT:

– Order! The result of the ballot is: Senator Milliner, 29 votes; and Senator Webster, 30 votes. I declare Senator Webster elected Chairman of Committees.

Senator WEBSTER:
Victoria

-I thank the Senate for the honour conferred on me by my election as Chairman of Committees of the Australian Senate. I thank especially those who saw fit to support me. I acknowledge that the office is one of significant elevation and I assure honourable senators that it will lose none of its esteem in my hands. The Senate will have the best service that I can render. I seek the assistance and support of all honourable senators in the carrying out of my duties of office.

Senator Milliner:

– I seek leave to make a statement.

The PRESIDENT:

-Is leave granted? There being no objection, leave is granted.

Senator MILLINER:
Queensland

-Mr President, I congratulate Senator Webster on his election as Chairman of Committees. I know that he will discharge the responsibilities of his office without favour. He has occupied the position in the past and I believe that he has given satisfaction to the Senate. I thank those who supported my nomination. I assure Senator Webster and honourable senators generally that I will do everything possible to uphold the prestige of the Senate and to see that the decorum of the Senate is maintained to the advantage of the people of Australia.

Senator MURPHY (New South WalesLeader of the Government in the Senate)- On behalf of the Government I congratulate Senator Webster on his re-election and elevation to this important office in the Senate. We all know that the office calls for impartiality and fairness. We would expect that Senator Webster would demonstrate that impartiality and fairness which is a characteristic of this very high office. The office calls in no small measure, as does that of the President of the Senate, for its occupant to detach himself from the kind of interchange and perhaps participation in debate which occurs among the rest of us. We trust and hope that Senator Webster will carry out that responsibility and we give him our best wishes in his doing so.

Senator WITHERS:
Western AustraliaLeader of the Opposition

– On behalf of the Opposition I offer our congratulations to Senator Webster. He takes up a very difficult task. We in this chamber still believe in having the Committee stage of the debate on a Bill, unlike another place where it has become almost an irrelevancy. It takes a great deal of ability and an enormous amount of patience for the Chairman to preside over that stage of a Bill. We saw Senator Webster in action in the previous Parliament; we know his capacity and we have great confidence that he will carry on as he did in the past. We are certain also, Mr President, that as your deputy he will do all he can to assist you and to stand in for you when you are engaged on other duties. We congratulate Senator Webster and assure him of our co-operation.

Senator DRAKE-BROCKMAN (Western Australia- Leader of the Australian Country Party in the Senate)- On behalf of my colleagues I congratulate Senator Webster on his re-appointment. When we nominated him for the position in March of this year we had great confidence in his ability to maintain the high standard set by previous Chairmen of Committees. I think his re-election today demonstrates that the Senate as a whole shares our confidence in Senator Webster and recognises that he has many qualities suited to such a responsible position. I am sure, Mr President, that he will give you all the support that he possibly can when you are not in the Chair and at other times. I wish Senator Webster, on behalf of his colleagues, a continuing success in the position which he holds.

page 16

QUESTION

DAYS AND HOURS OF MEETING

Senator Douglas McClelland:
Minister for the Media · NEW SOUTH WALES · ALP

– I move:

If I may explain briefly, the time of meeting on Thursday will need to be left flexible as I understand that a function will be held during the luncheon period in honour of Australia’s new Governor-General who is to be sworn in on that day.

Question resolved in the affirmative.

Senate adjourned at 5.37 p.m.

Cite as: Australia, Senate, Debates, 9 July 1974, viewed 22 October 2017, <http://historichansard.net/senate/1974/19740709_senate_29_s60/>.