CLAUSE 126.—(Control of Federation over Province in certain cases.) (Hansard, 30 July 1935)

§ Mr. BUTLER

I beg to move, "That this House doth agree with the Lords in the said Amendment."

Some doubt was expressed in the House when we were considering the question whether the Governor-General, administering the reserve department of defence, would obtain the necessary powers to ensure that roads of military importance were maintained in an efficient condition by the Provinces concerned. These words have been added in another place to make it perfectly clear that this is so. We did, in fact, consider that the terms of Clause 126, to which the Sub-section has been added, gave sufficient authority for the purposes in question. For instance, the words not to impede or prejudice the exercise of the executive authority of the Federation, in Sub-section (1), of Clause 126, would, it is thought, cover this necessity. However, these words have been put in, and I think they give an extra assurance that in fact the Federation has this power. 2544 The proviso has been inserted in Subsection (3), as moved in the Amendment, in order that nothing shall be done to take away the power which is actually given in Item 2 of List I for the Federation to legislate on such matters as Naval, Military and Air Force works. It may be said, therefore, that the Amendment makes the position even clearer than it was before, although the Government considered that the position was perfectly safeguarded. However, I believe that it has given satisfaction in another place, and I understand that it is desirable that we should insert it in the Bill, and I recommend it confidently to the House.