Reply On
pp. 111-112 · Read in the full issue
Norfolk Coy
Ordinance
By a Sydney solicitor.
I shall deal briefly with the lengthy reply, prepared by the Norfolk Island Administration, to my article in August PIM, on the Norfolk com pany ordinance. Unfortunately, the wretched air service between Austra lia and Norfolk Island has delayed the arrival in Sydney of a former senior member of the Norfolk Island Council, for whom I have been acting in a professional capacity in the mat ter. I would have liked him to reply directly to many of the matters raised by the Administration, but this is not possible in this issue.
The article by the Administration states, “It is a serious matter when an apparently legally qualified person should relate a distorted and obviously second or third hand version of events that did not take place.”
I was instructed professionally about this matter by the members of the council involved, and I can only say, with the greatest respect to the Administrator, that 1 respect and accept the version of the facts given to me by my clients without any re servations whatsoever, even when completely different from the Ad ministrator’s version.
My comment about the motion to restrict the voting rights of the Ad ministrator as being “a polite notice of no confidence in the Administra tor” came from the actual mover of the motion itself. Again with respect to the Administrator, I would have thought this was too obvious a point to need stressing. However, the com ment about this by the Administration shows how completely out of touch the Administrator is with the feel ings of the people of Norfolk Island about him and his handling of their affairs.
I do not propose to deal further with the text of the amending ordin ance itself, except in relation to the matter of solicitors’ privilege and sec tion 71R. It is true that the effect of section 71U was watered down be tween the first and final draft, but it only applies to inspectors appointed under the ordinance. Solicitors can still be required, under section 71R, to supply confidential information to the Administrator.
The difference between section 71R as it applies on Norfolk Island and the analogous legislation on the mainland
is of critical importance. In the latter case, it is a Minister of the Crown who must be satisfied about the de sirability of requiring information from companies and their solicitors about certain confidential affairs relat ing to such companies, whereas on Norfolk Island the Administrator makes the decision. He is not respon sible to the people concerned in any way and can use his discretion quite arbitrarily.
Perhaps some of the heat could be taken out of this controversial point if the Administrator cared to express some criteria which he would use before invoking his powers under the section. Perhaps also the matter will be further clarified when the Minister for External Territories answers a series of questions on notice asked in the House of Representatives on August 23 about the nature of the amendments to the ordinance.
A brief look
• Western Samoa may see the tourist industry as its second biggest earner of overseas exchange this year, displacing cocoa. Visitors are coming in increasing numbers with a rise of 29 per cent, in the first four months of 1971, compared with the corresponding period of 1970.
The cocoa industry is going down hill with exports for the four months to April 30 at 808 tons, worth $W5308,300, compared with 820 tons, worth $366,400 in the first four months of 1970. • A replanting scheme launched some years ago in Western Samoa’s copra plantations is beginning to pay off. Copra exports the country’s biggest overseas money spinner totalled 5,291 tons, worth $W5703,800, for the first four months of this year compared with 3,462 tons, valued at $509,900, in the first four months last year.
Copra exports this year are expected to reach about 15,000 tons compared with the 1970 figure of 9,619 tons. • On one of his frequent trips to the Territory and the SW Pacific area Mr. Keith Braybon, sales director of Sydney based Braybon Bros.
Pty. Ltd. appointed new agents.
They are Kayco Electrics of Port Moresby and Export Sales Development Associates of Port Vila, New Hebrides and Auckland, NZ.
Both agents will carry full stocks of Braybon portable and stationary petrol and diesel electric generating sets and spares which Braybons have been exporting to the territory for more than 20 years.