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Wednesday, 17 October 1956

Mr OSBORNE (Evans) (Minister for Customs and Excise) . - I move -

That proposed section 82 (2.) be omitted and the following sub-section be inserted in place thereof : - " (2.) Unless, within six months after the removal of spirits, vessels and packages under the last preceding sub-section -

(a)   they are claimed, in writing, by the person entitled to them; and

(b)   the duty, expenses of removal, warehouse rent and charges and other storage charges (if any) on or in respect of them are paid, they may be sold by the Collector.".

This amendment is a drafting amendment for the purpose of removing a possible ambiguity in the meaning of sub-section (2.) of proposed section 82 as originally introduced. Honorable members may feel that the amended provision says the same thing as the original provision, but in different words, but the draftsman has advised that a possible ambiguity exists in the proposed section as originally drafted. It is open to a possible construction that the collector could sell goods only if the owner had failed both to claim the goods and to pay the duty. Under the proposed amendment, in a case where an owner makes a . formal claim but fails to pay the duty, it is clear that the collector may, on the expiration of the period referred to in the subsection, proceed to sell the goods in accordance with the section. It is purely a drafting amendment and I do not imagine the committee will find very much difficulty with it.

Amendment agreed to.

Clause, as amended, agreed to.

Title agreed to.

Bill reported with an amendment; report - by leave - adopted.

Bill - by leave - read a third time.

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