R v McLennan; Ex parte Carr [1952] HCA 39

86 C.L.R.] OF AUSTRALIA.

subject of that case were subsequent to the repeal by Act No. 43 of 1930 of ss. 6 and 6a of the Commonwealth Conciliation and Arbitration Act 1904-1928. The log and cll. 77 and 78 of the award in effect repeated certain prohibitions and penalties that had been in the repealed provisions. Latham C.J. said (1): " The repeal of these sections, in my opinion, does not affect the power of the Arbitration Court in making awards. That power was not extended by these sections when they were in operation, and it is not diminished by their repeal." Rich J. said (2) :—' Of course the repeal of these provisions does show a change of legislative policy. It does show that the Legislature decided to remove from the law the provisions making strikes and lock-outs and the like offences. But I cannot find in the repeal any indication of intention that the powers of the Arbitration Court in settling an industrial dispute should in any way be restricted. If a dispute existed on such matters as job control the Arbitration Court might well be expected to prohibit them by an award. I see nothing in the change of policy to show that the Court's powers in this respect were to be limited. The deleted portions were general legislative prohibitions separated from the sections which delimit the jurisdiction of the Court. Such provisions are un- affected by any express enactment and I can find nothing in the statute as it stands supporting a restriction. If the repeal of the old prohibition of strikes and lock-outs evidences a legislative policy against the imposition of any similar prohibition by the award of the Court in the course of settling a dispute all I can say is that the Legislature has stopped short of expressing its policy in any legislative form". Starke J. said (3) that " Their repeal (ss. 6 and 6a) did not affect whatever jurisdiction the Arbitration Court possessed under the Act". The present Chief Justice said (4) :—'' These amendments clearly indicate an abandonment by the Legislature of the policy of forbidding under penalty strikes and lock-outs and similar acts. They may be said to indicate