new victoria · 2016. 3. 29. · victoria parliamentary debates (hansard) forty-fourth parliament...

VICTORIA

PARLIAMENTARY DEBATES (HANSARD)

FORTY-FOURTH PARLIAMENT

SECOND SESSION (1968-69)

1!jrgialntiur (!tuuu!il nub 14rgislntiur Assrmhly

VOL. CCXCI.

(From September 10, 1968 to Oaober 23, 1968)

MELBOURNE: A. C. BROOKS, GOVERNMENT PRINTER. 5274'69.

m~t (t;nlltrunr His Excellency Major-General SIR ROHAN DELACOMBE, K.C.M.G., K.B.E., C.B., D.S.O .• K.ST.J.

m~t 1JJituttUaut-(t;nlltrUnr Lieutenant-General the Honorable SIR EDMUND FRANCIS HERRING, K.C.M.G.,

K.B.E., D.S.O., M.e, E.D.

m~t fliuistry

Premier and Treasurer

Chief Secretary

Minister of Agriculture

Minister of Education ~The Hon. Sir Henry Bolte, K.C.M.G.,

. . M.P. " Sir Arthur Ryiah, K.B.E.,

. . eM.G., E.D., M.P. " G. L. Chandler, C.M.G.,

" M.L.e.

Attorney-General and Minister of Immigration Minister of Public Works .. Minister of Housing, Minister of Forests, and Minister}

for Aboriginal Affairs .. . . . . . . Minister for Local Government Minister for Fuel and Power, and Minister of Mines Minister of Labour and Industry Minister of Transport Minister of Health Mi:tister of State Development Atinister of Lands, Minister of Soldier Settlement, and l

Minister for Conservation .. J Minister of Water Supply ..

L. H. S. Thompson, M.L.C. G. O. Reid, M.P. M. V. Porter, M.P. E. R.· Meagher, M.B.E.,

E.D., M.P. R. J. Hamer, B.D., M.L.C. J. C. M. Balfour, M.P. J. F. Rossiter, M.P. V. F. Wilcox, M.P. V. O. Dickie, M.L.C. J. W. Manson, M.P. Sir William McDonald.

M.P. W. A. Borthwick, M.P.

Parliamentary Secretary of the Cabinet: Mr. J. A. Rafferty, M.P.

iJi,st nf flrmbrr.s nf Jarliamrttt FORTY-FOURTH PARLIAMENT-SECOND SESSION (1968-69)

LEGISLATIVE COUNCIL

PRESIDENT: THE HON. R. W. GARRETT.

CHAIRMAN OF COMMITTEES: THE HON. G. J. NICOL.

TEMPORARY CHAIRMEN OF COMMITTEES: THE HONORABLES A. K. BRADBURY, G. W. THOM, AND ARCHIBALD TODD.

MEMBER

Bradbury, A. K. Byrne, Murray Byrnes, Sir Percy Campbell, W. M. Cathie, I. R. Chandler, G. L., e.M.G. Clarke, M. A. Dickie, V. O. Elliot, D. G. Fry, W. G ... Galbally, J. W. Garrett, R. W., A.F.e.,

A.B.A. Gleeson, S. E. Granter, F. J. Grimwade, F. S. Gross, K. S ... Hamer, R. J., E.D.

PROVINCE

North-Eastern BalJaarat North-Western East Yarra South-Eastern Boronia Northern Ballaarat Melbourne Higinbotham Melbourne North Southern

South-Western Belldigo Bendigo Western East Yarra

MEMBER

Hamilton, H. M., E.D ... Hewson, H. A. Houghton, W. V. Hunt, A. J. Knight, A. W. Mansell, A. R. May, R. W. McDonald, S. R. Merrifield, Samuel Mitchell, e. A. Nicol, G. J. O'Connell, G. J. Swinburne, I. A. Thorn, G. W. Thompson, L. H. S. Todd. Archibald Tripo'vich, J. M. Walton, J. M ...

PROVINCE

Higinbotham Gippsland Templestowe South-Eastern Melbourne West North-Western Gippsland Northern Doutta Galla Western Monash Melbourne North-Eastern South-Western Monash Melbourne West Doutta Galla Melbourne North

LEGISLATIVE ASSEMBLY SPEAKER : THE HON. VERNON CHRISTIE.

CHAIRMAN OF COMMITTEES: MR. L. S. REID. TEMPORARY CHAIRMEN OF COMMITTEES: MR. CLAREY, MR. DUNSTAN> MR. A. T. EVANS, MR.

FENNESSY, MR. J. D. MACDoNALD, MR. MITCHELL, MR. STOKES, MR. SUGGETT, SIR EDGAR TANNER, MR. TREWIN, MR. TURNBULL, MR. WHEELER, MR. WHITING, AND MR. WILTSHIRE.

LEADER OF THE LIBERAL PARTY: THE HON. SIR HENRY BOLTE, K.C.M.G. DEPUTY LEADER OF THE LIBERAL PARTY: THE HON. SIR ARTHUR RYLAH, K.B.E., C.M.G., E.D.

LEADER OF THE PARLIAMENTARY LABOR PARTY AND LEADER OF THE OPPOSITION: MR. A. C. HOLDING.

DEPUTY LEADER OF THE PARLIAMENTARY LABOR PARTY AND DEPUTY LEADER OF THE OPPOSITION: Mr. F. N. WILKES.

LEADER OF THE COUNTRY PARTY: THE RON. G. C. Moss. DEPUTY LEADER OF THE COUNTRY PARTY: MR. B. J. EVANS.

MEMBER

Balfour, J. C. M. Billing, N. A. W .• K.St.J. Birrell, H. W. Bloomfield, Sir John,Q.C. Bolte, Sir Henry,

K.C.M.G. Borthwick, W. A. *Broad, H. G. Buckley, R. F. Christie. Vernon Clarey, R. A. Cochrane, L. J. Darcy, T. A. Divers, W. T. Dixon, B. J. Doyle, J. J ... Dunstan, R. c., D.S.O. Edmunds, C. T. Evans, A. T. Evans, B. J. Fennessy, L. M. Floyd, W. L. Ginifer, J. J. Goble, Mrs. D. A. Hayes, G. P. Holding, A. C. Hyland, Sir Herbert Jenkins, Dr. H. A. Jona, Walter .. Lovegrove, Denis Loxton, S. J. E. MacDonald, J. D. McDonald, R. S. L. McDonald, Sir William McKellar, D. K. McLaren, I. F., O.B.E. Manson, J. W. Meagher, E. R., M.B.E.,

E.D.

ELECTORAL DISTRICT

Narracan Heatherton Geelong Malvern Hampden

Monbulk Swan Hill Lowan Ivanhoe Melbourne Gippsland West Polwarth Footscray St. Kilda Gisborne Dromana Moonee Ponds Ballaarat North Gippsland East Brunswick East Williamstown Deer Park Mitcham Scoresby Richmond Gippsland South Reservoir Hawthorn Sunshine Prahran Glen Tris Rodney Dundas Portland Bennettswood Ringwood Frankston

MEMBER

Mitchell, T. W. Moss, G. C. Mutton, J. P. .. Phelan, William Porter, M. V. Rafferty, J. A. Reese, W. F. L. Reid, G. O. Reid, L. S., D.F.C. Ring, E. C. Ross-Edwards, Peter Rossiter, J. F. .. Rylah, Sir Arthur, K.B.E.,

C.M.G., E.D. Scanlan, A. H. Smith, A. V. Smith, r. W. Stephen, W. F.

tStiriing, H. V. Stokes, R. N. Stoneham, C. P. Suggett, R. H. Sutton, P. K. .. Tanner, A. L. .. Tanner, Sir Edgar, C.B.E.,

E.D. Taylor, A. W., E.D. Templeton, T. W. Trethewey, R. H. Trewin, T. C. Trezise, N. B. .. Turnbull, Campbell Vale, R. M. Wheeler, K. H. Whiting, M. S. Wilcox, V. F. Wilkes, F. N. . Wilton, J. T. Wiltshire, R. J.

• Elected. September 24. 1968. t Died. July 23. 1968.

HEADS OF PARLIAMENTARY DEPARTMENTS.

ELECTORAL DISTRICT

Benambra Murray Valley Coburg Kara Kara Sandringham Glenhuntly Moorabbin Box Hill Dandenong Preston Shepparton Brighton Kew

Oakleigh Bellarine Warrnambool Ballaarat South Swan Hill Evelyn Midlands Bentleigh Albert Park Morwell Caulfield

Balwyn Mentone Bendigo Benalla Geelong North Brunswick West Greensborough Essendon Mildura Camberwell Northcote Broadmeadows Syndal

Council-Clerk of the Parliaments and Clerk of the Legislative Council : Mr. L. G. McDonald (Retired March 5, 1969).

Clerk of the Parliaments and Acting Clerk of the Legislative Council (from March 6, 1969): Mr. A. R. B. McDonnell.

Assembly-Clerk of the Legislative Assembly: Mr. A. R. B. McDonnell (Seconded to Legislative Council on March 6, 1969).

Acting Clerk of the Legislative Assembly (from March 6, 1969) : Mr. J. H. Campbell.

Hansard-Chief Reporter: Mr. G. E. Clarke. Library-Librarian: Mr. L. E. Parkes.

VICfORIA.

PARLIAMENTARY (HANSARD)

DEBATES.

~.rennb ~.r.a.ainn nf t4.r 311nrty-fnnrt4 Jarliam.rnt.

m.rgi5latin.r (!tnnneil. Tuesday, September 10, 1968.

OPENING OF THE SESSION. The Second Session of the Forty-

fourth Parliament was opened this day.

At 2.30 p.m., the CLERK read the following: -

PROCLAMATION.

By His Excellency the Lieutenant-Governor of the State of Victoria and its Dependencies in the Common-wealth of Australia, &c., &c., &c.

Whereas the Parliament of Victoria stands adjourned until such day and hour as may be fixed by the President of the Legislative Council and the Speaker of the Legislative Assembly respectively: Now I, the Lieutenant-Governor of the State of Victoria, in the Commonwealth of Australia, do by this my Proclamation prorogue the said Parliament of Victoria until Tuesday, the tenth day of September,

Session 1968.-1

1968, and I do hereby fix Tuesday, the tenth day of September, 1968, aforesaid, at the hour of half-past Two o'clock in the afternoon, as the time for the commencement and holding of the next session of the said Parliament of Victoria, for the dispatch of business, in the Parliament Houses, situate in Spring-street, in the City of Melbourne: And the Honorable the Members of the Legislative Council and the Members of the Legislative Assembly are hereby required to give their attendance at the said time and place accordingly.

Given under my Hand and the Seal of the State of Victoria aforesaid, at Melbourne, the twenty-seventh day of August in the year of our Lord One thousand nine hundred and sixty-eight, and in" the seventeenth year of the reign of Her Majesty Queen Elizabeth II.

(L.s.) E. F. HERRING. By His Excellency's Command,

HENRY BOLTE, Premier.

GOD SAVE THE QUEEN!

2 Lieutenant-Governor's [COUNCIL.] Speech.

LIEUTENANT-GOVERNOR'S SPEECH.

The Usher of the Black Rod announced the approach of His Excellency the Lieutenant-Governor.

His Excellency entered the Chamber attended by his suite.

The Legislative Assembly, with their Speaker, attended in response to His Excellency's summons.

His Excellency addressed the fol-lowing Speech to both Houses of Parliament: -MR. PRESIDENT AND HONORABLE

MEMBERS OF THE LEGISLATIVE COUNCIL:

MR. SPEAKER AND MEMBERS OF THE LEGISLATIVE ASSEMBLY:

I have summoned you to meet to-day for the dispatch of public business.

The honour of opening this, the Second Session of the Forty-fourth Parliament of the State, has devolved upon me because of the absence on furlough of His Excellency the Governor.

We are delighted to know that Her Majesty the Queen has been graciously pleased to reappoint Sir Rohan Delacombe as her personal representative in Victoria for another three years. Let us pray that the Governor and Lady Delacombe will return greatly refreshed by their holi-day and that their next three years with us will be no less felicitous than those just past.

I believe it would be the wish of all that at this time we should express our profound sorrow over the recent dea th of Her Royal Highness the Princess Marina. Although Her Royal Highness had not personally visited this State, she, like her daughter Princess Alexandra, was well and affectionately known to us all. On behalf of the Government and the people of Victoria I have conveyed to Her Majesty the Queen and to the -family of the late Princess our feel-ings of deep sorrow and sympathy.

This year we had the honour of welcoming to Victoria His Imperial Majesty Haile Selassie, Emperor of Ethiopia; His Royal Highness the Prince Philip, Duke of Edinburgh; and Mrs. Indira Gandhi, Prime Minister of the Republic of India. These visits cemented further the goodwill be-tween Victorians and the people of other lands, and enabled two of our distinguished guests to see for the first time our way of life.

When the last session of this Parlia-ment ended, the whole State was in the grip of a drought devastating in its impact on country and city alike. By the grace of Almighty God, the drought was eased by soaking rains which started in May. These did much to relieve widespread hardship, and to enable ground to be sown to new crops. Parched pastures were revitalized. Catchments and dams were replenished. Depleted flocks and herds revived. Although fodder reserves are the lowest for many years, and good spring rains are still needed, I am advised that seasonal prospects are generally favourable. However, the State will need several years of good seasons and favourable markets to ensure complete recovery.

Victorian crops suffered badly during the drought. Wheat produc-tion from the last harvest was just over 29,000,000 bushels-the lowest for 23 years-and only 2,800,000 bushels of barley were produced. The oat crop was only one-third of that of a normal year. I am advised that the new season's crops have made a good start. The total acreage sown to wheat is estimated to be about 10 to 15 per cent. above that sown last year. The acreage sown to barley has increased even more.

Vigorous measures taken by the Government did much to mitigate the worst effects of the drought. When it became evident last spring that large quantities of feed for starving livestock could be needed, some millions of bushels of grain were retained in storages throughout the State, and subsequently made avail-able to livestock owners.

Lieutenant~Governor's [10 SEPTEMBER, 1968.] Speech. 3·

As the drought continued, the Government was successful in obtaining from the Commonwealth special drought relief funds. The receipt of these moneys enabled the introduction of additional drought relief measures and the maintenance of those which the State had already initiated.

The supply of water for irrigation in northern Victoria was maintained at a high level, and generally there was no significant loss of production in irrigation districts. The shortage of surface water highlighted the importance of underground water as an alternative source of supply. Personnel and drilling -equipment were diverted from the long-term survey of the State's underground water resources to the urgent task of establishing -emergency supplies of underground water at strategic points. By these means, dwindling water supplies were replenished and disaster was averted at several places in the State.

The drought created conditions conducive to severe wind erosion throughout north-western Victoria. However, the benefit of improved land-use and management methods employed since the last bad drought was clearly demonstrated by the fact that serious soil drift only occurred in places where those methods had not been adopted, or where landholders had been incautious in their grazing practices.

Notwithstanding the success of the measures which have been men-tioned, the Government is determined to continue its efforts to protect the people of Victoria from the effects of future droughts.

Works now being constructed will give greater security to the Werribee and Bacchus Marsh irrigation dis-tricts, where severe water rationing was necessary. Emergency measures to supply the northern part of the Wimmera-Mallee stock and domestic water supply system from the Goulburn and Murray rivers have been introduced.

Work on the ten-year dam con-struction programme is proceeding satisfactorily. The Nillahcootie dam is now complete and, I am happy to say, full. The Corop Lakes scheme is now ftilly operative. A new storage on Coimadai creek is being built. As well as securing supplies to the Bacchus Marsh and Werribee irrigation districts, the waters of this storage will provide for future urban and industrial development in the area. The Tarago reservoir, which will augment the supply of water to the Mornington Peninsula, including the Westernport industrial develop-ment, has been finished and is now filling.

Two major schemes for reducing salinity in the River Murray were carried out this year with funds provided by the Commonwealth Government. The diversion of the highly saline waters of Barr creek, near Kerang, and Lake Hawthorn, near Mildura, to evaporating basins will prevent some 50,000 tons of salt reaching the river each year.

A reservoir is to be built on the West Moorabool river, near Lal Lal, to supply water to Geelong and Ballarat, and to any other local water authorities which might be con-stituted in this area. The West Moorabool Water Board, which will build and manage this reservoir, has been appointed, and has begun preliminary planning.

By the 29th April, Melbourne's water supply reserves had fallen to approximately 17,300 million gallons. Since then they have risen to nearly 50,000 million gallons, as compared with last year's post-winter peak of only 37,000 million gallons.

The programme of diverting into the metropolitan system the streams of the Upper Yarra Valley has been accelerated and enlarged. The re-covery of the reservoirs has already been greatly assisted by the addition of the waters of McMahon's, Starvation and Cement creeks and the Upper Thomson river. The waters -of Armstrong's creek will follow within


a few days; those of the Upper West Tanjil river will be added by the end of October.

The diversion of these streams increases Melbourne's water supply by more than 25 per cent. in one year, and implements the first stage of the programme which was adopted following the report on this subject by the Public Works Committee. Later stages which have been approved include the diversion of additional water from the Thomson river, and the construction of a new storage of 60,000 million gallons capacity on Cardinia creek to serve both the metropolis and the Morn-ington Peninsula.

The long dry summer created a situation of acute bush-fire danger worse than any in living memory. Serious fires broke out at Winton, at Mudgegonga, at Officer and in the Dandenong Ranges. Thanks to the dedica ted and tireless efforts of the fire-fighting services, the many thousands of volunteer firemen and the members of voluntary organiza-tions which gave such splendid support, these fires were contained. brought under control, and finally put out, without loss of human life, and with comparatively little damage to property. These magnificent efforts are to be commended all the more when it is recalled that the fires in the Dandenongs were completely sup-pressed under weather conditions much worse than those of 1962 when there was such great dam~ge to property in that area.

The demand for educational facilities at all levels is still increas-ing. To meet this demand, the Government is maintaining a high level of teacher recruitment and training, and pressing on with a vigorous building programme.

Fourteen institutions are now affiliated with the Victoria Institute of Colleges. Six others also receive Government grants as colleges of advanced education. The first degrees awarded by the Institute were recently issued to graduates of

the College of Pharmacy. It is anticipated that other affiliated colleges will soon undertake courses of degree standard.

Provision for substantial expendi-ture to meet the needs of our rapidly growing university populations will again be made this financial year.

The Commonwealth-State legisla-tion on Australia's off-shore petroleum resources is now in full operation. This and related pipelines legislation are facilitating the rapid exploration and development of Victoria'S large natural gas and oil resources. It is gratifying to note that headquarters for the production of oil and gas from the recent off-shore discoveries will be decentralized to the Sale area.

As you are aware, estimated re-serves of the order of 1,200 million barrels of oil have been announced. Later discoveries have been made which are yet to be evaluated. It is confidently expected that further dis-coveries will give still greater impetus to the development of Victoria.

Construction of the natural gas pipeline from Dutson to Melbourne is well in hand, and will be finished be-fore March, 1969, the scheduled date for gas to be available from the off-shore wells.

Construction of further wharf faci-lities for shipping petroleum products originating from the Gippsland off-shore oilfields is proceeding at Wes-ternport. The completed installation will serve tankers of up to 100,000 tons dead-weight.

In the field of electricity produc-tion, Hazelwood has become the largest power station in Australia. By 1971 three additional generating sets will be added to the five now opera-ting. Work is proceeding on the construction of Yallourn " W " Power Station which should come into opera-tion in 1972.

Intensive investigations are contin-uing into the type of generating plant best suited to meet the State's future power requirements. The wide range

Lieutenant-Governor's [10 SEPTEMBER, 1968.] Speech. s

of possible developments includes nuclear power generation and pumped storage hydro-electric schemes.

The programme of public building construction being actively main-tained throughout the State includes public offices, hospitals, schools, teachers' colleges, court-houses, youth training centres, a natural history museum, and a fish and wildlife re-search institute.

The art collections of the State are now housed in one of the finest build-ings of its kind, the new National Gallery in St. Kilda-road, which was officially opened by the Premier on the 20th August. This occasion marked the completion of the first stage of the new Victorian Arts Centre. Planning of the second stage is proceeding.

Work is going ahead on the con-struction of the Strathmore by-pass road which will link the Tullamarine Freeway, the Calder Highway and Bell-street, Coburg, to complete the route to the new Melbourne airport at Tullamarine. The extension of dual carriage ways on the principal State highways, and the construction of new bridges, which will continue this year, have done much to ease traffic congestion on these busy roads.

The demand for houses is still high. Nearly $25,000,000 will be spent by the Housing Commission during the current financial year to meet a build-ing programme of approximately 2,600 houses and flats. The Commis-sion will continue to develop slum reclamation projects at North Mel-bourne, South Melbourne, Richmond, Carlton, Prahran, Fitzroy and Colling-wood.

To provide for the expanded activi-ties of the Ministry of Aboriginal Affairs, expenditure was almost doubled!n the past financial year, and there WIll be a further substantial provision this year.

In the twelve months ended 30th June, 1968, approximately 12,000 assisted British migrants in a wide

range of occupational categories arrived in Victoria. The reception centre at Hawthorn which is now in full operation has provided transit accommodation for many of these migrants. Being conscious of the im-petus to the economy which immigra-tion provides, the State will continue to give strong support to the immigration programme.

The Government will establish a comprehensive service for the care, treatment and rehabilitation of alco-holics and drug-dependent persons. This will include an assessment centre with an expert staff to examine per-sons on admission, to provide advice, and to plan the most appropriate form of professional care for ailments induced by alcoholism and drug addiction. Additional services will include rehabilitation centres for alcoholics and a treatment centre for infirm alcoholics and drug addicts.

During the past twelve months, this State has witnessed a few disorderly demonstrations by small but vocal minorities which have not hesitated to use force to support their aims. My advisers view such demonstra-tions with grave concern.

In the tradition of the Mother of Parliaments, this Parliament has always championed the right of the individual to freedom of speech and assembly, and i trust it always will. Indeed, the Parliament provides the very forum in which the legitimate presentation of the many and diverse viewpoints of the people finds its highest form of expression.

In accordance with the democratic principles for which Parliament stands, the Government does not op-pose orderly demonstrations aimed at expressing a viewpoint genuinely held by the parties concerned. I t requires only that it be given prior notice of such demonstrations and that the demonstrators observe the ordinary, every-day requirements of law and order designed for the protection of the lives and property 'Of the people of this State.



. Detailed Estimates of Revenue and Expenditure for the financial year 1968-69 will be presented to you, to-gether with a Supply Bill to make further provision for the services of the year 1968-69.

Supplementary Estimates for the year 1967 -68 will be submitted to you.

MR. PRESIDENT AND HONORABLE MEMBERS OF THE LEGISLATIVE COUNCIL:


The legislative programme which will be submitted to you will include a Bill to bring together all the exist-ing law of the Constitution in a modernized form.

Legislation to abolish bailiwicks and to vest in the County Court the jurisdiction at present exercised in criminal matters by Courts of General Sessions will also be presented. This is designed to simplify the structure and procedure of our courts.

The complete review of the Justices Act begun in 1966 is continu-ing. Legislation to bring about further significant amendments of the Act is expected to be brought in dur-ing the new session.

The whole question of exemption from municipal rating is being con-sidered by the Government following the report of the Statute Law Revi-sion Committee on the subject. It is believed that specific proposals now being drawn up for submission to Parliament represent a more logical approach to the question than the current provisions which are not appropriate to modem conditions. The proposals will be included in a Bill to revise Parts X. and XI. of the Local Government Act, which will be the second step towards the intended complete revision of the Act.

The Bill relating to alcoholic and drug-dependent persons \vill be reintroduced after being revised in the light of comments and criticism received during the recess.

Bills to deal with methods of obtaining material for the transplant-ing of human organs, and with the regulation of the dental profession will be presented.

The Government also intends to submit legislation to promote the exploration for underground water in Victoria and to regulate its use; to restrict and control the use of secret listening devices; and to amend and re-enact the Fences Act 1958.

Other Bills to be submitted to Parliament will deal with-

Compensation for citizens injured while assisting the police;

Local authorities superannuation; Water and sewerage; and Closing of the State Coal Mine. Since the beginning of the last

session, this Parliament and Victoria have suffered grievous loss in the deaths of the Honorable Sir Ronald William Mack and Mr. Harold Victor Stirling. The late Sir Ronald Mack served as a Minister of the Crown and at the time of his death, was Pre~ident of the Legislative Council. Mr. Stirling rendered valuable service to Victoria for many years as a member of the Legislative Assembly.

I share with honorable members deep regret in the loss of. these distinguished members and In the death of the late Mr. George Gibbs, a former member of the Legislative Assembly whose services to the State are well known to all of us.

In formally opening this Parlia-ment, I pray that Almighty G~d w~ll guide your thoughts and actIons m discharging the trust reposed in you ·by the people of this State.

Copies of the Speech were handed by the Lieutenant-Governor's Private Secretary to the President and the Speaker.

His Excellency and suite withdrew. The Speaker and members of the

Legislative Assembly retired from the Chamber.

The sitting was suspended at 2.59 p.m. until 4.56 p.m. .

Standing Orders . [10 SEPTEMBER, 1968.] Committee. .7

The PRESIDENT (the Hon. R. W. Garrett) took the chair, and read the prayer.

INFLAMMABLE LIQUIDS (PETROL SERVICE STATIONS) BILL.

The Hon. R. J. HAMER (Minister for Local Government) .-In order to preserve the privileges of this House, and in accordance with Standing Orders, I move for leave to bring in a Bill to exempt petrol service stations from the provisions of the Inflam-mable Liquids Act 1966.

The motion was agreed to. The Bill was brought in and read

a first time.

HOUSE COMMITTEE. The Hon. G. L. CHANDLER

(Minister of Agriculture) .-By leave, I move-

That the Honorables D. G. Elliot, H. M. Hamilton, H. A. Hewson, R. W. May, and Archibald Todd be members of the House Committee.

The motion was agreed to.

LIBRARY COMMITTEE. The Hon. G. L. CHANDLER


That the Honorables the President, M. A. Clarke, A. J. Hunt, Samuel Merrifield, and J. M. Walton be members of the Joint Com-mittee to manage the Library.


PRINTING COMMITTEE. The Hon. G. L. CHANDLER


That the Honorables the President, A. K. Bradbury, Murray Byrne, S. E. Gleeson, H. A. Hewson, A. W. Knight, A. R. Mansell, and Archibald Todd be members of the Printing Committee; three to be the quorum.


STANDING ORDERS COMMITTEE. The Hon. G. L. CHANDLER


That the Honorables the President, Murray Byrne, Sir Percy Byrnes, J. W. Galbally, F. J. Granter, K. S. Gross, Samuel Merrifield,

G.· J. Nicol and I. A. Swinburne be members of the Select Committee on the Standing Orders of the House; three to be the quorum.


STATUTE LAW REVISION COMMITTEE.

The . Hon. G. L. CHANDLER (Minister of Agriculture) .-By leave, I move-

That the Honorables M. A. Clarke, A. J. Hunt, R. W. May, G. W. Thom, Archibald Todd, and J. M. Tripovich be members of the Statute Law Revision Committee, and that the said committee have power to send for persons, papers and records.


SUBORDINATE LEGISLATION COMMITTEE.

The Hon. G. L. CHANDLER (Minister of Agriculture) .-By leave, I move-

That the Honorables K. S. Gross, H. A. Hewson, and G. J. O'Connell be members of the Subordinate Legislation Committee, and that the said committee have power to send for persons, papers, and records.


BUSINESS OF rHE HOUSE. DAYS AND HOURS OF MEETING:

ORDER OF BUSINESS. The Hon. G. L. CHANDLER

(Minister of Agriculture).-By leave, I move-

That Tuesday, Wednesday and Thursday in each week be the days on which the Council shall meet for the dispatch of business during the present session, and that the hour of meeting on Tuesdays be half-past Four o'clock, on Wednesdays Four o'clock, and on Thursdays Eleven o'clock; that on Tuesday and Thursday in each week the transaction of Government business shall take precedence of all other business; that on Wednesday in each week private members' bus,iness. shall take precedence of Government business; and that no new business be taken after half-past Ten o'clock.


LEAVE OF ABSENCE. Sir PERCY BYRNES (North-

Western Province) .-By leave, I move--

That leave of absence be granted to the Honorable Robert William May for three months on account of absence from the State on official business.


8 Parliamentary Commissioner [COUNCIL.) (Ombudsman) Bill.

PARLIAMENTARY COMMISSIONER (OMBUDSMAN) BILL.

The Hon. M. A. CLARKE (Northern Province), by leave, moved for leave to bring in a Bill to make provision for the appointment and functions of a Parliamentary Commissioner (Om-budsman) and for purposes con-nected therewith.


The Bill was brought in and read a first time.

EAVESDROPPING DEVICES BILL. The Hon. J. W. GALBALLY (Mel-

bourne North Province), by leave, moved for leave to bring in a Bill to regulate the use of eavesdropping devices and for other purposes.



LOCAL GOVERNMENT (ABOLITION OF PLURAL VOTING)

BILL. The Hon. J. M. WALTON (Mel-

bourne North Province), by leave, moved for leave to bring in a Bill to amend the Local Government Act 1958 to abolish plural voting at local government elections, and for pur-poses connected therewith.



MARKETING OF PRIMARY PRODUCTS (EGG AND EGG PULP

MARKETING BOARD) BILL. The Hon. G. L. CHANDLER

(Minister of Agriculture), by leave, moved for leave to bring in a Bill to amend the Marketing of Primary Products Act 1958 with regard to polls and elections in respect of the Egg and Egg Pulp Marketing Board.



MARGARINE (AMENDMENT) BILL.

The Hon. G. L. CHANDLER (Minister of Agriculture), by leave, moved for leave to bring in a Bill to amend the Margarine Act 1958.

The motion was agreed to. The Bill was brought in and read a

first time.

MOTOR CAR (AMENDMENT) BILL.

The Hon. J. W. GALBALLY (Mel-bourne North Province), by leave, moved for leave to bring in a Bill to amend the Motor Car Act 1958.


first time.

THE CONSTITUTION ACT AMENDMENT (QUALIFICATION

OF ELECTORS) BILL. The Hon. J. W. GALBALLY (Mel-

bourne North Province), by leave, moved for leave to bring in a Bill to amend The Constitution Act Amend-ment Act 1958.


first time.

WRONGS (INDUSTRIAL ACCIDENTS) BILL.

The Hon. J. W. GALBALLY (Mel-bourne North Province), by leave, moved for leave to bring in a Bill to amend the Wrongs Act 1958 with respect to industrial accidents and for purposes connected therewith.


a first time.

CHILDREN'S WELFARE (PROSECUTIONS) BILL.

The Hon. L. H. S. THOMPSON (Minister of Education), by leave, moved for leave to bring in a Bill to amend section 71A of the Children's Welfare Act 1958.


a first time.

Lieute1¥lnt-Governor's Speech: [10 SEPTEMBER, 1968.] Address-in-Reply. 9

LABOUR AND INDUSTRY (EQUAL PAY) BILL.

The Hon. J. W. GALBALLY (Mel-bourne North Province), by leave, moved for leave to bring in a Bill to amend the Labour and Industry Act 1958.


a first time. ABOLITION OF CAPITAL

PUNISHMENT BILL. The Hon. J. W. GALBALL Y (Mel-

bourne North Province), by leave, moved for leave to bring in a Bill to abolish capital punishment.


a first time. TEMPORARY CHAIRMEN OF

COMMITTEES. The PRESIDENT (the Hon. R. W.

Garrett) laid on the table his warrant nominating the Honorables A. K. Bradbury, G. W. Thorn and Archi-bald Todd to act as Temporary Chairmen of Committees whenever requested to do so by the Chairman of Committees or whenever the Chairman of Committees is absent.

MEAT INDUSTRY COMMITTEE. CITY ABATTOIRS AT NEWMARKET.

The Hon. S. E. GLEESON (South-Western Province), chairman, pre-sented a report from the Meat Industry Committee on the future of the City Abattoirs at Newmarket, together with minutes of evidence and an appendix.

It was ordered that they be laid on the table, and that the report and the appendix be printed.

On the motion of the Hon. S. E. GLEESON (South-Western Province), it was ordered that the report be taken into consideration on the next day of meeting.

LIEUTENANT -GOVERNOR'S SPEECH.

ADDRESS-IN -REPLY.

The PRESIDENT (the Hon. R. W. Garrett).-I have to report that His Excellency the Lieutenant-Governor attended the House this day, and was

pleased to make a Speech, of which, for greater accuracy, I have obtained a copy. As. the Speech is printed, I take it that honorable members do not desire that I should read it to them.

The Hon. F. S. GRIMW ADE (Bendigo Province) .-1 move-

That the Council agree to the following Address to His Excellency the Lieutenant-Governor in reply to His Excellency's opening Speech:-

MAy IT PLEASE YOUR EXCELLENCY: We, the Legislative Council of Victoria,

in Parliament assembled, beg to express our loyalty to our Most Gracious Sovereign, and to thank Your Excellency for the gracious Speech which you have been pleased to address to Parliament. It is an honour for me personally and for the electors of Bendigo Province that I have the privilege of moving the adoption of the Address-in-Reply. The motion is in two parts: First, that we affirm our loyalty to Her Majesty; and, secondly, that we ex-press our thanks to His Excellency the Lieutenant-Governor for his address. I am pleased again to ex-press my loyalty to the Queen, and 1 am sure that all other honorable members will join with me. It has been a sad time for the Queen because of the tragic death of her aunt, Princess Marina. Princess Marina was well known to many Australians as she had made several successful tours of parts of Australia, the most successful being in 1964. The Prin-cess was a particularly hard and devoted worker, and all will be saddened by her death.

In the absence of our Governor, Sir Rohan Delacombe, Parliament was opened by the Lieutenant-Governor, Sir Edmund Herring. Sir Rohan and Lady Delacombe, whom we all love and admire, are now having a well deserved holiday. 1 understand that at the moment they are on a shooting trip in either Yorkshire or Scotland. We all wish them health and happi-ness and hope they will return to us refreshed by their holiday.

We are fortunate to have such a distinguished Australian as Sir Edmund Herring as Lieutenant-Governor. He has had an outstanding

10 Lieutenant-Governor's Speech: [COUNCIL.] Address-in-Reply.

career, and I think it is appropriate at this time to review his service to the community. Sir Edmund was ~orn in !892 at Maryborough, which IS an Important city within the Bendigo Province. He was educated at. JYfelbourne and topped a most brIllIant career by becoming a Rhodes Scholar in 1912. He gained blues for cricket and tennis. Later he practised law as a barrister in Melbourne and was appointed a King's Counsel in 1936. As a soldier, he rendered most distinguished service in the first world war and again in the second world war, when he served in Bardia Tobruk and Greece, but perhaps h~ was best known for his leadership of the Australian Forces in the initial push against the Japanese in New Guinea.

Sir Edmund was a Lieutenant-General when he was appointed Chief Justice of the Supreme Court in 1944, and he became Lieutenant-Governor in 1945. Perhaps he is best known for his concern with human values, his outstanding judg-ments, and his regard for people. In this one sees not only the legal brilliance and the soldier's ex-perience, but also the churchman's concern for human frailty. Sir Edmund is, indeed, a great Aus-tralian, and we are all pleased that he opened Parliament on this occasion.

The world is in a state of constant change, and His Excellency alluded to the progress and development within the State of Victoria. As a farmer, I recognize these changes in the growth of grass, the changing of the seasons and the life span of animals. Not only does the environ-ment change, but also its quality changes. It is either up-grading or down-grading. Conservation applied to this change in environment means not only the preservation of things from destruction and official care in a negative kind of way, but also a positive approach to the improvement of the quality of our environment and to the manage-ment of our natural resources to

The Hon. F. S. Grimwade.

give greater benefit and to fulfil the material arid aesthetic needs of man. Conservation in this sense is not. conservative; it is a positive, actIve and aggressive approach.

I think this could be best illustrated by the utilization of forests. Originally there was an exploitation and complete destruction phase. Then there was a reaction from this complete destruction, and now we are at the stage where active manage-ment of forests is taking place; where, for example, use is made of a quick burn to remove the debris and the undergrowth without destroying the trees and yet the forests are safe-guarded against major bush fires. Similar progress is being made in soil conservation. Originally the rape of the soil occurred; then came the awareness that poor soil produces poor crops, and poor crops mean poor farmers. Therefore protection has been necessary, and many con-crete structures have been built as a basis for farming. I think there is now an awareness that not only is it necessary to rehabilitate soil, but in addition management must ensure that soil erosion is prevented. His Excellency alluded to this aspect in his address when he said that the benefit of improved land use in the last bad drought had been clearly demonstra ted by the fact that serious soil drift had occurred only in places where those methods had not been adopted.

These two factors, soil and forests, are only integral parts of a whole environment; there are also water and wildlife. If man is added to this environment further reactions occur. Tourists leave litter behind them, causing pollution. The agri-cultural needs of the community and the tremendous economic pressure on the farmer make him try to gain more from the land, perhaps by the over-use of pesticides which cause pollu-tion in our streams. We see going up into the air great industrial waste which, together with fumes from

Lieutenan.t-Governor's Speech: [10· SEPTEMBER, 1968.] Address-in-Reply. 11

motor vehicles, causes considerable air pollution. Thus it becomes neces-sary for us to preserve and develop our natural resources now, not in the future. I reiterate that these things must be preserved now for future generations. I believe the Victorian Government has recognized this and indeed leads Australia in this work.

The most outstanding example is the Eppalock reservoir. When the decision to build this storage was made, the Government went ahead with a ten-year programme in an endeavour to stabilize the catchment areas in this locality. The Government made available $100,000 a year for ten years for works to prevent siltation of the dam. It is interesting to. look back and see just how successful these efforts have been. In the days when the dam was first contemplated it was estimated that about 3,000 acre-feet of silt a year would be deposited within the reservoir. Five years after the dam was built measurement re-vealed that in this period only 1,000 acre-feet of silt had been deposited. Thus, this work in the catchment area has prolonged the life of the Eppalock reservoir; and I think this illustrates the point that these two go together.

The Victorian Government's ad-ministration of the natural resources of the State is unique. The Govern-ment established the Land Utili-zation Advisory Council, which comprises the chairman of the Soil Conservation Authority, the Director of Agriculture, the chairman of the Forests Commission, the Secretary for Lands, and the chairman of the State Rivers and Water Supply Com-mission. By direction of the Premier, the Land Utilization Advisory Coun-cil is called upon to investigate and make recommendations with regard to three matters: First, the potential of various areas for different land use; secondly, alternative ways in which areas of land can be used, if such alternatives exist; and, thirdly, the long term development and use of unalienated Crown land and forest reserves. The Council brings together experts from various Departments

concerned with the development of our natural resources and provides a meeting place at which differences between those Departments may be thrashed out, and this enables planning and organization to be co-ordinated. In my opinion, a special Ministry of Conservation-and I use the word" conservation" in its widest sense-would not achieve anything more than can be achieved by the Land Utilization Advisory Council. In fact, such a Ministry would have cer-tain disadvantages attaching to it, in that it would be not as flexible as the Council and would not be able to draw upon the resources of other Departments as readily. It would also represent an unnecessary dupli-cation.

However, several further steps should be taken. More research in ecology should be undertaken; there should be more conservation areas with improved management; and the public should be educated to become conservation conscious. To achiev~ this, the Government should establish a chair of conservation or a faculty of natural resources at one of the Vic-torian universities. Such a faculty should be responsible for research work in ecology and management, for the training of students in philosophy, science and the tech-niques of environmental conservation, and for the supply of graduates, trained to manage areas set aside for conservation purposes, who would exercise influence in the community in promoting a unified approach to conserva tion.

What I have been discussing has been very well expressed by Mr. R. G. Downes, the chairman of the Soil Conservation Authority, in the March-May 1968 edition of Victoria's Resources. He says-

Quality of the human environment is the basis of the modern concept of conservation. This can be maintained when man realizes that his physical and aesthetic needs can be obtained from the resources of his environment without spoiling its quality or its capability of continuing to provide those needs.

12 Lieutenant-Governor's 'Speech: [COUNCIL.] Address-in-Reply.

We are well along the road to this unified approach to total conservation. I believe that the establishment of a faculty of conservation, natural re-sources or environmental studies would take us another step forward and reinforce the fact that Victoria leads Australia in these matters.

The Hon. W. V. HOUGHTON '(Templestowe Province) .-1 have much pleasure in seconding the motion so ably proposed by my friend and colleague, the Honorable F. S. Grimwade.

With a deep consciousness of the honour conferred upon me as a junior member of this dignified, wise and necessary Council, and upon the people of the Pro.vince of Temple-stowe, whom I represent in this place, I reaffirm the oath of loyalty which 1 swore when 1 became a member of this House, and which 1 made when assuming other public duties in this State, prior to that time.

1 give thanks that 1 am able to swear an oath of allegiance to the in-cumbent of an office as stable as-in-deed, far more stable than-almost any institution in the world. We tend to take for granted the advantages which the Monarchy and Parliamentary de-mocracy confer upon the everyday life of the citizen of this Common-wealth and State, and there is no better time and place or occasion than this to recall the strength of our institutions which have been develop-ed over almost 1,000 years of striving for a system under which our citizens may live under the rule of law with freedom, dignity and responsibility.

Our Monarchy has stood the test of power that can corrupt, of civil war, of unwise monarchs, of incompetent monarchs, of two great world-shat-tering wars; it has survived to pro-duce the Royal Family of to-day, with a high sense of responsibility and a high sense of tradition-it is a family in the truest sense of the word,

. which leads without power, but with a sure sense of purpose and example.

1 do not suggest, Mr. President, that the Royal Family is completely with-out power. Within comparatively recent years-certainly recent in terms of the length of time that the British Monarchy has existed-the power of the Sovereign has turned out a Parliament of this country. This has been done with the general ap-proval and acclaim of all of the people of the Commonwealth. What better way to choose the titular head of this State is there than to have a person holding the office by right of succes-sion who has been trained from the cradle to this exacting task, and who is above the squabbles and fluctua-tions of political fortune?

The republicans, who will disagree with most of what I have been saying, cannot produce a universally accept-able alternative for appointing the head of State; and if the United States of America has taught us nothing else, it has taught us how not to provide a person who sits uncom-fortably on the apex of the triangle. 1 cast no. aspersions upon the great men who have occupied the office of President of the United States of America, or upon the American people, but 1 assert that the office should be independent of poli-tics in the same way as another of our great State systems, the judicial system, should be and is independent of politics. The freedom of the people is enshrined in the independence of the Monarchy, the independence of the judiciary and the responsibility of the Parliament-and, 1 might add, in trial by jury. The Executive, which some accuse of usurping the rights of Parliament, is elected by the people, appointed by the Parliament and responsible to both-unlike the Exe-cutive of many another troubled State in this world-and the remedy for malfeasance is swift and sure.

These days, we are assailed by propaganda from all sides and from the press, including the leading articles written by men in high public office, designed to persuade us that we are a part of Asia and, to date, very

Lieutenant-Governor's Speech: [10 SEPTEMBER, 1968.] Address-in-Reply. 13

few voices, if any, have been raised against this brain washing. Far be it from me to suggest that my opin-ions on these matters should prevail, but I do feel competent to express my opinions in this Chamber in the same way as other honorable mem-bers express theirs.

The Leader 'Of the Opposition in the South Australian Parliament, speaking at a pleasant Sunday after-noon this week, apologized, among other things, for an immigration policy which tends to make people think that it is a white Australia policy. Why should we apologize for this? Mr. Dunstan said that we lived in a Polynesian, Melanesian and Asian sea. Those who agree with him certainly would not agree with me.

To me, Australia is a European nation, predominantly British, situated in isolation in the Southern Hemis-phere. It is not, ethnically, or geographically, a part of Asia; it is part of Australasia. There is one other nation in the same situation. I refer to New Zealand, the people of which are of the same race, and are in the same geographical situation, and, in the most extreme and des-perate situations we can call them our brothers. Our defence policies should, in my humble opinion, be based upon these realistic facts. Other small nations of the world have shown us what can be done by fierce patriotism, and by flexibility of modem defensive and offensive weapons used with imagination, intelligence and strong determination. Our isolation can be our ally, and our national spirit our shield.

I do not mean that we should not use the weapons of diplomacy, of co-operation and of goodwill to our neighbours in Asia. Weare mainly of the British race. We should still carry with us their superb flair for diplomacy, but, at the same time, we should remember that they are the most ruthless, the most energetic, and the most courageous race on earth.

The Hon. I. R. CATHIE.-To which race are you now referring?

The Hon. W. V. HOUGHTON.-If Mr. Cathie had been listening to me carefully, he would know to which race I was referring. The qualities which this island tribe have shown through the centuries cannot be lost in a single generation or in several generations. I am proud to belong to this race.

Our greatest enemy is our modem disposition to compare defensive and offensive military plans in terms of numbers. In some cases, it is a valid comparison, but in the situation most likely to affect us it is not; it is a de-featist attitude, and takes no account of the most important factor-quality. Students of world affairs who be-lieve that history repeats itself will acknowledge the lesson that America will once more retreat into isolation, that the countries which sincerely practise British Parliamentary demo-cracy will bear the torch of freedom and the rights of the individual in the future, as in the past, and that the ultimate responsibility for defending the public institutions of this State and Commonwealth rely upon our own effort and determination in a civic sense, as well as in a military sense.

This brings me, as members of the Labor Party will be pleased to hear, to the part of His Excellency's Speech which deals with the right of the individual to freedom of speech and assembly. The Lieutenant-Gover-nor stated-

During the last twelve months, this State has witnessed a few disorderly demon-strations by small but vocal minorities which have not hesitated to use force to support their aims. My advisers view such demonstrations with grave concern.

In the tradition of the Mother of Parlia-ments, this Parliament has always cham-pioned the right of the individual to freedom of speech and assembly, and I trust it always will. Indeed, the Parliament provides the very forum in which the legitimate presentation of the many and diverse viewpoints of the people finds its highest form of expression.

In accordance with the democratic principles for which Parliament stands, the Government does not oppose orderly

14 Lieutenant-Governor's Speech: [COUNCIL.] Address-in-Reply.

demonstrations aimed at expressing a view-po.i.llt genuinely held by the p.arties ~oncerned. It requires only that It be gIven prior notice of such demonstrations and that the demonstrators observe' the ordinary, every-day requirements. of law an.d order designed for the protection of the lIves and property of the people of this State. I cannot do better than to quote the words of Sir Reginald Sholl, re-ported in the city edition of the Herald of 6th August, 1968. I believe his statement should go on record in this Parliament. In a speech to a conference of Chief Justices at Philadelphia, Sir Reginald said-

It is far too easy to get away with crime, and respect for law and order is decreasing alarmingly in the United States.

You will forgive, I hope, a visitor for expressing some polite astonishment at the current fashion of appeasing rioting wrong-doers and condoning their violent or serious crimes on sociological or racial grounds, or on the' apparent basis of a widespread guilt complex about the conduct of some of your ancestors.

It was strange to be brought up in the common law doctrines of English law, and to see applied the theory that to permit a little arson, a little burglary, a little larceny-even a moderate amount of assault and mayhem on police and firemen-will help to buy off or sublimate the political and social hostility of the lawbreakers.

I would suggest that your nation has for years been allowing crime to get further and further out of its power to achieve two great essentials of an efficient criminal law system-speedy detection and speedy and final conviction.

The cry of civil liberties is a great vote and headline getter, but it cannot mean individual licence.

It seems to me to be the most arrant nonsense to behave, speak and write as if your country is in danger of becoming a police state. A breakdown in law and order, due to over-legalism and over-elaboration of defendants' rights, would produce here a police state, or a military takeover, or even a suspension of the con-stitution, much more surely than a stronger hand in the enforcement of the law.

The Hon. I. R. CATHIE.-Was Sir Reginald Sholl referring to what happened in Chicago during the recent Democratic Party convention?

The Hon. W. V. HOUGHTON.-If Mr. Cathie had taken notice of the date of the conference at which these remarks were made, he would realize that it was before the holding of the Democratic Party convention.

The Victorian Government, exer-cIsmg its responsibilities for the maintenance of law and order, has an excellent record. In recent times, there has been only one demonstra-tion which went beyond the limits of law and order, and which resulted in damage to private property. The Government adopted a strong line in its instructions to the police and its warning to those elements of the public who might have been misled into believing they could "get away with it." It is a compliment to the Government that that was the end of the matter.

I refer now to the following statement of His Excellency the Lieutenant-Governor: -

When the last session of this Parliament ended, the whole State was in the grip of a drought devastating in its impact on country and city alike. By the grace of Almighty God, the drought was eased by soaking rains which started in May.

Some of us were lTIOl-tified that the wrath of Almighty God saw fit to visit us with the affliction, but I am certain that it was done as a neces-sary reminder that homo agricola relies not only upon his best efforts to make the good earth productive, but upon acts of God so great in their magnitude that only those who directly experience them can start to understand them. Flood, fire and famine will always be with us to a greater or lesser degree; it behoves the individual to make provision for them and the whole State and Com-monwealth to help alleviate the hardships caused by them.

This Government need make no apologies for the great and timely assistance it has rendered. The agriculture of this State is geared to high productivity which is dependent upon climatic reliability; when this fails, the effect is so much worse. The western land leases of New South Wales are geared to drought productivity; we are not. We know that the sins of the farmers will be visited upon their children unto the third and fourth generation, and probably a lot longer, but we pray, not too often.

Lieutenant-Govemor's Speech: [10 SEPTEMBER, 1968.] Address-in-Reply. 15

The Lieutenant-Governor has sum-moned us to meet for the dispatch of public business, and has enumerated a long list of important matters re-quiring the legislative action of this Parliament. It is not my intention to comment upon these matters; they will be debated in due course by honorable members of this House, and proper and serious consideration will be given them. His Excellency has also detailed actions which have been taken in recent times and which are still in train to continue the pro-ductivity, industrial capacity, and " livability" of this State. State de-velopment is still on the march, thanks to the efforts of the people and the Government.

I join with His Excellency in paying tribute to the volunteer fire fighters of the Country Fire Authority, especially to those in the rural areas of the Templestowe Province and in surrounding provinces. The incidence of bush fires is felt more heavily in these localities, which are situated in the foothills of the Great Dividing Range, and the Mount Dandenong areas, than in almost any other part of the State. The actions of young men and others not so young-many of whom possess little personal property, but are united by a realiza-tion of the devastation and depriva-tion that comes in the wake of a bush fire, who drop their tools of trade at the sound of the siren on a day of acute fire danger, and freely give their trucks, equipment and machinery, and their time and energy, to fight fires-are charitable beyond praise. One of their leaders in the Warrandyte district, Colonel Keogh, has written a thoughtful document on action during the Dandenongs fires of last summer, with constructive criticisms and suggestions for im-provements. I hope that the Country Fire Authority has taken note of this document. Through the Authority, the Government is doing all that it can to support the work of these volunteer fire fighters by organization and by the provision and subsidizing

of equipment to help them to do their work more efficiently. I know that the fire fighters appreciate the assis-tance.

A word of warning should be sounded by one who lives and has worked for many years in the shadow of the mountain catchments of Mel-bourne's water supply and on the river which supplies its needs, by one whose hip pocket nerve has been touched much more often by an over-abundance of water in the Yarra valley than by a shortage of it, and who has developed a sort of Inigo Jones sensibility-although Inigo now has access to more celestial informa-tion than I have. I am prepared to take the risk of contradicting the statistical analysis of the experts who have advised His Excellency that the outlook for next summer can be viewed with optimism. The Yarra valley has had another dry winter season and, unless considerable rain falls in the next two months, the re-plenishing summer stream flows will deteriorate rapidly and be well below normal. The Board of Works has been active in increasing the catch-ment areas by diverting the waters of four creeks immediately below the Upper Yarra catchments and by diverting the upper west Tanjil river across the saddle of the Dividing Range and into the Upper Yarra catchments, but, unless the stream flows in these catchments are adequate, the advantages could be small. It is urgent to press on with the Cardinia creek water storage and the Thomson diversion so that water that would normally go to waste down the Yarra and the Thomson rivers can be conserved.

The appointment of Sir Rohan Delacombe to be Governor of the State for a further term will delight Victorians; with Lady Delacombe, he has shown the same keen interest in the State that was shown by those who preceded him.

Honorable members will, I am sure, join with me in paying our respects to the Queen's representative in this

16 M~rketing of Primary [COUNCIL.] Products (Egg and

State at this time, the Lieutenant-Governor, Sir Edmund Herring, and to Dame Mary Herring. Sir Edmund Herring has gained the highest dis-tinction in two professions, the law and the army. He was appointed the seventh Chief Justice of Victoria in 1944. He has held a commission as Lieutenant-Governor since 1945-for over 23 years. He commanded that very tough body of Australians, the 6th Australian Division, in the Middle East. He was General Officer Com-manding, New Guinea Force. The winner of almost numberless attain-ments intellectually, scholastically, and militarily, and a man of deep religious faith, he is one of Victoria's greatest sons.

On the motion of the Hon. J. W. GALBALL Y (Melbourne North Pro-vince), the debate was adjourned.

It was ordered that the debate be adjourned until the next day of meeting.

MARKETING OF PRIMARY PRODUCTS (EGG AND EGG PULP

MARKETING BOARD) BILL.

The Hon. G. L. CHANDLER (Minister of Agriculture) .-1 move-

That this Bill be now read a second time. Division 2-sections 36 to 48-of the Marketing of Primary Products Act 1958 contains provisions which relate specifically to the Egg and Egg Pulp Marketing Board. The provisions re-lating to the holding of polls for the election of producers' representatives on the board are contained in section 38. This section empowers the Governor in Council to appoint a poll-ing day and the electoral areas from which the representatives are to be returned. It specifies that only those producers who own 250 adult female domesticated fowls on a date appointed by the Minister of Agri-culture and have, during the twelve months immediately preceding that date, delivered to the Board at least 3,000 dozen eggs, shall be entitled to vote.

Section 38 further empowers the Minister to appoint this eligibility date by notice published in the Government Gazette, and specifies that it shall not be more than three months prior to the date fixed as polling day. This latter requirement causes the Board administrative difficulties in the preparation of a roll of producers possessing the basic voting qualifica-tions in sufficient time for lodgment with the returning officer by the re-quired date-two months prior to polling day.

The Board's difficulties in meeting the time factor stem from the pre-scribed requirement that copies of the producers roll must be exhibited in the electoral areas for a period of fourteen days, and a further fourteen days allowed for the lodgment of objections or applications for enrol-ment. In addition, sufficient time must be allowed to enable the return-ing officer to have the roll printed and exhibited, effect additions and dele-tions following the receipt of appli-cations and objections, finalize the roll and dispatch ballot-papers by the prescribed date, namely, fourteen days prior to polling day. Investi-gations have shown that completion of all of these processes necessitates a minimum period of two months, so that there is no alternative but to require the roll of producers to be submitted to the returning officer not later than two months prior to polling day.

This means that, in view of the current provision in the Act specify-ing that the eligibility date shall be not more than three months prior to polling day, the Board has at the most one month in which to prepare and submit the required list. In this connexion, the Board has pointed out that, as accounts sales from agents and accounting returns from pro-ducer agents are not received until fourteen days after the close of each four-weekly accounting period, the collating and processing of all the records of producers in the electoral

Egg Pulp Marketing [10 SEPTEMBER, 1968.] Boartf) Bill. 17

areas necessary to establish eligi-bility to vote cannot be finalized within the time available for prepara-tion and submission of the roll of producers.

The Board has requested, there-fore, that the period within which the eligibility date is to be appointed shall be extended from three months to five months prior to polling day. Adoption of this proposal would mean that, in the case of a normal election for which the Act specifies that the polling day is to be in the month of May, the eligibility date would be appointed to coincide with the end of the Board's four-weekly accounting period closing in January.

This arrangement would conform with all accounting and statistical recording in the Board's computer operation, and would allow adequate time for the Board to fulfil its obliga-tions with regard to the preparation and submission of the list of pro-ducers qualified to vote on the basis of ownership of fowls and delivery of eggs.

This Bill gives effect to the Board's proposal. The next election for a producers' representative on the Board is not due until 1970, but it is desired to proceed now with the amending legislation in case the need for an extraordinary election should arise.

This may not appear to be an important Bill, and compared with other measures introduced into this House from time to time it probably is not, but its purpose is to give a slightly longer period for all the formalities required under the Act to be carried out. 1 am sure that most honorable members are conversant with the difficulties facing the tobacco industry in a similar matter and will agree that it is better to iron out these details before something happens rather than after. 1 com-mend the Bill to the House.

On the motion of the Hon. ARCHI-BALD TODD (Melbourne West Pro-vince), the debate was adjourned.

It was ordered that the debate be adjourned until Tuesday, September 17.

The sitting was suspended at 6.15 p.m. until 7.50 p.m.

CHILDREN'S WELFARE (PROSECUTIONS) BILL.

The Hon. L. H. S. THOMPSON (Minister of Education) .-1 move-

That this Bill be now read a second time. This Bill carries out an undertaking 1 gave to honorable members during the dying stages of the last session, when the hard-working members of this Chamber were still on the job and members in another place had already departed to partake of the recess. Honorable members will recall that a Bill had been introduced to amend the Children's Welfare Act and, among other things, to insert in the principal Act a new section 71A which made it an offence for any parent, guardian or other person having the control or charge of a child to leave the child for an unreasonable time without making reasonable provision for its super-vision and care.

It was pointed out, 1 think by Mr. Byrne and Mr. Elliot, that the word-ing was somewhat vague and could be interpreted with a lack of uni-formity and consistency, and the honorable members expressed some fears of how it might be interpreted in certain quarters. Progress was re-ported on the Bill, and further con-sultations were held with the members concerned and with the Chief Secretary. It was finally decided that the best course to adopt was to introduce a proviso where"0y no proceedings for an offence against this Act could be brought against any person without the prior consent of the Chief Secretary.

During the Committee stage of the Bill, I intimated that as soon as possible in the spring sessional period action would be taken to

18 . Margarine [COUNCIL.] (Amendment) Bill .

introduce an amendment along those lines and that is the sole purpose of the Bill. I commend it to the House.

On the motion of the Hon. D. G. ELLIOT (Melbourne Province), the debate was adjourned.

It was ordered that the debate be adjourned until Tuesday, September 17.

MARGARINE (AMENDMENT) BILL. The Hon. G. L. CHANDLER

(Minister of Agriculture) .-1 move-That this Bill be now read a second time.

The Government has received repre-sentations from the Consumers Protec-tion Council, organizations connected with the dairying industry and manu-facturers of table margarine in this State, all expressing concern at the methods employed in the promotion and marketing of some brands of cooking margarine. In these repre-sentations, attention has been drawn to the significant increase in the marketing of cooking margarines coloured and flavoured to resemble butter, and advertised and presented for sale in such a way as to create the impression that the products are not cooking margarine at all, but " spreads" as good as or superior to butter and table margarine.

The organizations from which these representations emanated have re-quested the Government to take ac-tion to ensure that the marketing of cooking margarine conforms with the intentions of the Margarine Act-that is, that the product is manufac-tured and sold for cooking purposes only, and as such should not be in competition with butter and table margarine.

The Government has considered all aspects of the matters raised in these representations, and has decided that, in the interests of consumers, the dairying industry, table margarine manufacturers and those cooking margarine manufacturers who have not attempted to market their pro-ducts as "spreads", the existing

legislation should be amended. The amendments proposed are designed to prevent any further misleading advertising and presentation, and to restore the situation envisaged by the original legislation that cooking mar-garine would be sold for cooking purposes only and would not there-fore compete with either butter or table margarine.

In making this decision, the Govern-ment has taken account of certain factors. First, the current provi-sions of the Act require that packages of cooking margarine shall be labelled with the expression " cooking margarine for cooking purposes only". There is no re-quirement that any reference should be made on the package to the com-position of cooking margarine, and this defect in the legislation is signi-ficant in view of the subtle methods adopted in advertising certain brands of cooking margarine as "spreads". Honorable members will be familiar . with such expressions as "The law says it must be labelled cooking mar-garine, but there is no law to say you can't spread it"; or "You wouldn't use a quality instant spread as good as this to cook with, would you?" These suggestions as to suitability for " spreading " are extended further to packaging, and many brands of cooking margarine on sale have some reference to " spread" on the wrapper or container. Furthermore, the pres-cribed expression "cooking marga-rine for cooking purposes only" is often printed in a colour which, in certain lights and positions, makes it very difficult to read against the back-ground colour of the wrapper or container.

The conclusion that these brands of cooking margarine are being pro-moted as substitutes for butter and table margarine is inescapable. How-ever, the plain fact of the matter is that, irrespective of spreadability, beef fat and/or mutton fat comprise 90 per cent. of all the fats and oils in any packet of cooking margarine.

Margarine [10 SEPTEMBER, 1968.] (Amendment) Bill. 19

Any product labelled cooking marga-rine which does not have this com-position must be table margarine, and would therefore be illegally labelled.

It is not, and has never been, the Government's policy to limit the production of cooking margarine manufactured and sold for cooking purposes. However, the Government believes that it has a responsibility to consumers to ensure that they are aware of the composition of cooking margarine when they purchase it, and that they are in a position to exercise their own judgment as to how they will use it.

Secondly, the marketing of brands of cooking margarine coloured and flavoured to resemble butter has created a situation where these products are in direct competition with butter. The increasing quan-tities of such margarine now avail-able have had a serious adverse effect on butter sales in this State. Over the past five weeks or so, butter sales have declined by 10 per cent. and if this trend continues the sales drop could well be 20 per cent. by the end of the financial year. If this occurred, the annual quantity in-volved, 6,600 tons, would have to be exported at a loss of $2,640,000 if sold on world markets. This could well prove impossible, in which case it would have to be converted to butter oil and the loss would then exceed $5,000,000.

The Victorian dairying industry makes an outstanding contribution to the economy of this State, and indeed to the Commonwealth. The total value of dairying production in Victoria is $172,000,000 and this represents 57 per cent. of the over-all national figure. The industry in Victoria provides a significant level of decentralized employment both in the actual business of dairy farming and in the manufacturing and pro-cessing of dairy products. The capital investment in dairy factories alone is some $50,000,000.

Butter is the most important dairy product in this State, and its signi-ficance to the industry can be gauged

from the fact tha t in 1966--67 approximately 70 per cent. of Vic-torian wholemilk production was utilized in the manufacture of butter, of which 66 per cent. was exported. Honorable members will appreciate, therefore, that continued reduction of butter sales resulting from unfair and unrestricted competition from cook-ing margarine would have far-reaching economic consequences.

Thirdly, the manufacture of table margarine in this State is subject to a quota imposed by the Act. Similar requirements exist in other States. There are, however, no quotas nor indeed any restrictions placed on the amount of cooking margarine which can be manufactured and sold. In this situation, it is entirely unfair that table margarine manufacturers should be placed in the position of being unable to sell their quota production because of inroads into their market by a product advertised as a " spread" but which, in accordance with the Act, is for cooking purposes only.

For these reasons, the Government proposes amendment of the existing legislation. The Bill provides in clause 3 for the particulars which must be printed on packages contain-ing cooking margarine to- include a precise description of the composition of the product. Detailed require-ments regarding the lettering and positioning of matter to be printed on packages of cooking margarine are prescribed in the regulations under the Act, and it is proposed to amend these regulations to provide that the printing is to be in colours of distinct contrast to ensure that the informa-tion to be conveyed is easily read.

Clause 4 will insert a new section in the Act under which it will be an offence to manufacture or sell any cooking margarine to which has been added .any prescribed colouring or flavourmg substance. In this con-nexion the interpretations of colour-ing substance and flavouring sub-stance are contained in clause 2. The additive substances which at present are considered to be the

20 Margarine [COUNCIL.] (Amendment) Bill.

principal means by which the resemblance of cooking margarine to butter is achieved are beta-carotene and diacetyl.

Beta-carotene is the most important naturally-occurring substance from which vitamin A is derived. It is used as a yellow colouring agent for foods and is largely responsible for the natural yellow colour in butter. Its addition with vitamin A to cook-ing margarines gives them a yellow colour similar to butter. Cooking margarine manufacturers who desire to do so can achieve any degree of vitamin A fortification of their pro-ducts by using alternative forms such as vitamin A alcohol or vitamin A esters. Prohibition of the use of beta-carotene will not therefore im-pose any hardship. Diacetyl is the major factor in the natural aroma and flavour of butter. It can be produced synthetically with identical properties to the naturally-occurring substance in butter. Its use in cooking marga-rine achieves no purpose other than to produce the resemblance to butter.

It is proposed therefore to prescribe in the regulations under the Act these two substances for the purposes of the proposed new section 13A. The reason for prescribing the substances by regulation rather than specifying them in the Act is that alternative substances achieving the same effect could become available, and it would then be essential that prompt action be taken to prevent their use in cook-ing margarine. Under clause 5, the Governor in Council is empowered to make regulations prescribing colouring or flavouring substances which may not be added to cooking margarine.

This Bill will give effect to the in-tention of the existing legislation that cooking margarine should not be marketed and sold as a table spread in" competition with butter and table margarine. At the same time it will ensure that consumers are not misled by dubious advertising and presenta-tion, but know exactly what they are buying. It does not in any way limit the production of cooking margarine,

The Hon. G. L. Chandler.

and there is no reason why supplies should not be freely and readily avail-able to those who wish to purchase the product. This cooking margarine will, however, be in its natural form consisting basically of animal fats without the prescribed colouring or flavouring additives. I commend the Bill to the House.

The Hon. ARCHIBALD TODD (Melbourne West Province) .-1 move-

That the debate be now adjourned. I suggest an adjournment for one week, but I seek an assurance from the Minister that, if members of our party are not then ready to proceed with the debate, a further period will be granted. I also wish the Minister to inform us what the Government's attitude will be in relation to stocks of margarine which are held by manu-facturers at the time of the passing of this Bill.

The motion for the adjournment of the debate was agreed to, and it was ordered that the debate be adjourned until Tuesday, September 17.

INFLAMMABLE LIQUIDS (PETROL SERVICE STATIONS) BILL.

The Hon. R. J. HAMER (Minister for Local Government) .-1 move-

That this Bill be now read a second time. The purpose of this Bill is to exclude petrol service stations from the storage provisions of the Inflammable Liquids Act 1966. This Act provides for the regulation of bulk storages of 10,000 gallons or more of inflam-mable liquid and for the licensing of such storages. Petrol and kerosene come within the definition of inflam· mabIe liquid.

Storages at petrol service stations are already subject to regulations made under the Petrol Pumps Act which, although concerned primarily with the licensing of petrol pumps, also enables the making of regula-tions with respect to the construction and keeping in repair of storage tanks from which " motor spirit " is

Inflammable Liquids [10 SEPTEMBER, 1968.] (Petrol Service Stations) Bill. 21

supplied to petrol pumps. The operation of the Petrol Pumps Act is not restricted to tanks of any par-ticular capacity. In addition. there are also in existence regulations made by the Governor in Council under section 696 of the Local Government Act relating to the storage of petro-leum. For storages at petrol service stations these two sets of regulations are considered to be adequate, par-ticularly as the storages are under-ground.

In the Inflammable Liquids Act 1966, the expression "bulk storage" was defined to mean-any premises or place under the one occu-pancy where inflammable liquid of an aggre-gate quantity of 10,000 gallons or more is kept or stored or is intended to be kept or stored whether in tanks or otherwise and includes any land occupied for or in con-nexion with such bulk storage.

Accordingly, all those petrol service stations at which there are now stored 10,000 gallons or more of petroleum now come within the defi-nition of "bulk storage" and are subject to the Inflammable Liquids Act 1966. This was never intended and has undesirable consequences.

When the present Inflammable Liquids Act was drafted, it was con-sidered that it would not apply to petrol service stations, and the regu-lations made pursuant to the Act prescribed a number of things which were properly pertinent to bulk storages-that is, distributing depots comprising a number of above-ground tanks, a drum storage and a filling platform-but which were inappro-priate to service stations. Some of the regulations relating to bulk storages which have no proper appli-cation to petrol service stations are regulation 221, which requires the display of large warning "danger" notices; regulation 224, which excludes persons who have matches on their person; regulation 225, which forbids smoking; and regulation 226, which excludes persons under the age of eighteen years. Other regu-lations not properly applicable are regulations 207, 208 and 212, which deal with safety distances between

bulk storages, protected works, and filling platforms. In addition, a higher standard for tank construction is required under the Inflammable Liquids Act than is required under the Petrol Pumps Act.

Regulation 501 specifies an annual fee of $20 for a bulk storage where the quantity stored is 10,000 gallons or more. This means that a petrol service station with a storage capacity of 10,000 gallons or more is subject to an annual fee of $20, but that no fee is payable for a service station with a capacity of less than 10,000 gallons. As things stand, it is possible that in one street some service stations would be subject to regula-tions made under the Petrol Pumps Act whilst others in the same street, because they have 10,000 gallons or more in storage, would be subject to the Inflammable Liquids Regulations. This is a most unsatisfactory situa-tion, and it is necessary for the position to be clarified and for petrol service stations to be excluded from the storage provisions of the In-flammable Liquids Act as originally intended. The Bill does this by defin-ing petrol service stations in clause 2 and then, by clause 3, excluding " the storage of inflammable liquid on or under any petrol service station ". I commend the Bill to the House.

The Hon. A. W. KNIGHT (Mel-bourne West Province) .-1 move-

That the debate be now adjourned. I suggest an adjournment until Tues-day next, but would ask the Minister to agree to a further extension if that should be necessary.

The motion for the adjournment of the debate was agreed to, and it was ordered that the debate be adjourned until Tuesday, September 17.

ADJOURNMENT. The Hon. L. H. S. THOMPSON

(Minister of Education) .-By leave, I move-

That the Council, at its rising, adjourn until Tuesday next.

The Hon. J. W. GALBALLY (Mel-bourne North Province) .-1 indicated to the Leader of the House before

22 Deaths of Harold Victor [ASSEMBLY.] Stirling, Esquire, and .

dinner-perhaps the message was not conveyed to the Minister of Educa-tion-that leave for adjournment of the House until next week would be refused. The reason for my action is that my programme of private mem-bers' Bills is lengthy, and I feel that the sooner a start is made on it the better. Parliament has been in recess for some months, and it does not seem to be unreasonable that the House should meet to-morrow.

The Hon. G. L. CHANDLER (Minister of Agriculture) .-Mr. Gal-bally did indicate earlier that it was his intention to refuse leave for the reason he has men tioned. He is taking advantage of the rules of the House.

The Hon. J. W. GALBALLy.-Just as the Government does.

The Hon. G. L. CHANDLER.-Because Mr. Galbally has refused leave for the Council to adjourn until next week, it will be necessary to meet to-morrow. Therefore I move-

That the House do now adjourn. The motion was agreed to. The House adjourned at 8.23 p.m.

mrgislatinr Assrmbly. Tuesday, September 10, 1968.

OPENING OF THE SESSION. The SPEAKER (the Hon. Vernon

Christie) took the chair at 2.30 p.m., and read the prayer.

The CLERK read the Proclamation by His Excellency the Lieutenant-Governor convoking Parliament.

The Usher of the Black Rod of the Legislative Council brought a message from His Excellency the Lieutenant-Governor desiring the attendance of honorable members in the Chamber of the Legislative Council.

The House, headed by the Speaker, proceeded to the Council Chamber.

The sitting was suspended at 2.35 p.m. until 4.31 p.m.

DEATHS OF HAROLD VICTOR STIRLING, ESQUIRE, AND GEORGE

SAMPSON GIBBS, ESQUIRE.

Sir HENRY BOLTE (Premier and Treasurer).-I move-

(1) That this House expresses its sincere sorrow at the death of Harold Victor Stirl-ing, Esquire, and places on record its acknowledgment of the valuable services rendered by him to the Parliament and the people of Victoria as member of the Legislative Assembly for the electoral dis-trict of Swan Hill from 6th December, 1952, to 23rd July, 1968.

(2) That this House expresses its sincere sorrow at the death of George Sampson Gibbs, Esquire, and places on record its acknowledgment of the valuable services rendered by him to the Parliament and the people of Victoria as member of the Legis-lative Assembly for the electoral district of Portland from 28th May, 1955, to 29th April, 1967.

Mr. Harold Victor Stirling was first elected to the Legislative Assembly on 6th December, 1952, for the elec-toral district of Swan Hill, and re-tained this seat until his death on 23rd July, 1968. He was a Temporary Chairman of Committees from 1961 to 1964. He served as a member of the Printing Committee from 1952 to 1955, the Public Works Committee from 1955 to 1964, and the Joint Select Committee on the Meat Industry from 1967 to 1968. He was chairman of the Public Works Com-mittee from 1st May, 1957, to 31st December, 1957, from 1st January, 1960, to 30th June, 1960, and from 1st January, 1963, to 30th June, 1963.

Mr. George Sampson Gibbs was first elected to the Legislative Assembly on 28th May, 1955, for the electoral district of Portland, and retained this seat until he was defeated at a general election on 29th April, 1967. He was a member of the Printing Committee from 1955 to 1958, and of the Committee of Public Accounts from 1958 to 1967. He died on 26th May, 1968.

Although the late Mr. Stirling was the member for Swan Hill for a number of years, he did not have the opportunity of becoming a Minister of the Crown or a member of the Government party. However, during

George Sampson Gibbs, [10 SEPTEMBER, 1968.] Esquire. 23

his term as a member of Parliament, honorable members always listened with interest to his contributions on irrigation, water supply, drainage and other rna tters pertaining to the country, and often his suggestions were acted upon. It is a quirk of fate that the names of the late Mr. Stirling and the late Mr. Gibbs should be link

new victoria · 2016. 3. 29. · victoria parliamentary debates (hansard) forty-fourth parliament...

Documents