In sub-section (2), I move:
To delete, in line 55, the word " may " and to substitute therefor the word " Shall."
SECTION 8.
(1) The Minister may by order make regulations in regard to the practice and procedure generally (including the service of documents) in relation to references to the arbitrator, and in particular in regard to any matter relating to such references as is in this Part of this Act referred to as prescribed, or as being or to be prescribed.
(2) Regulations made under this section may, subject to the sanction of the Minister for Finance, provide for the return to the person applying for the reference of all or any fees paid by him upon a certificate of the arbitrator to the effect that the application was madebona fide, and was not frivolous or vexatious.
It not that the common form?
" May " may mean " shall "; it does sometimes, but it would not there.
Is it not a fact that financial provisions of this sort in an Act like this, which is not a Finance Act, are always subject to the sanction of the Minister for Finance? That is a common form, " subject to the sanction of the Minister for Finance." If you put in " shall " you leave no " subject to the sanction of the Minister for Finance."
I think it is badly worded.
It is.
Can you not alter that?
I can, to make that quite clear.
Would this not do? " Regulations made under this section shall provide for the return, subject to the sanction of the Minister for Finance, to the person applying for the reference of all or any fees paid by him, upon the certificate of the arbitrator," etc. That would make it clear. Senator Sir John Keane, is there not something we had to go back to?
I am satisfied. That can be withdrawn.
Amendment 10 withdrawn. New amendment, as suggested by the Chairman, put and agreed to.