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Wednesday, 21 October 1931

Mr LATHAM (Kooyong) . - This clause provides that a charge at a certain rate per bushel shall be levied and paid under this measure. The rate of the charge is to be the amount of the bounty. The amount of the bounty is established by a calculation froma certificate. Clause 4 provides that all charges payable under the measure shall be paid to the Commonwealth Bank of Australia on account of the Consolidated Revenue Fund. Wherever it is provided by a statute that something shall be paid, I always look to see who is the person who can bring an action to compel that payment. It is desirable that that should be provided in explicit terms. I am doubtful whether, under this provision, the Commonwealth Bank could sue. If it is intended that the Commonwealth Commissioner of Taxes or someone else shall have the right to sue, that ought to be so provided. , It could very easily be done by inserting in the bill a definite clause to that effect. In the absence of sucha provision there is room for argument as to the proper procedure should it become necessary to enforce the condition. Although this bill provides for a payment of what will prove to be large sums of money, it does not contain any penalty or interest clause. If the money is not paid, it simply is not paid. No action follows. Under the measure as it stands the matter would simply struggle along until, perhaps, the money would be paid into the bank at the suit if the Commonwealth Government.I suggest that the omission should be rectified.

Mr PARKER MOLONEY (HUME, NEW SOUTH WALES) - Clause 19 of the Wheat Bounty Bill provides that every charge due and payable under the Wheat Charges Bill shall be doomed to be a debt due to the King on behalf of the Commonwealth, and may be sued for and recovered accordingly.

Mr LATHAM - I think that that meets the position.

Mr Fenton - I understand that the necessary money is to be provided by a tax.Is that to come out of the £3,000,000 provided under the Wheat Bounty Bill ?

Mr Paterson - It is to be paid by the purchaser of the wheat used for local consumption.

Clause agreed to.

Clause 4 agreed to.

Title agreed to.

Bill reported without amendment; report adopted.

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