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Tuesday, 11 October 1910

Senator CHATAWAY (Queensland) . - Do I understand from the Minister that the penalty does not apply to persons who do not carry out the instructions given under sub-clause 1.

Senator Pearce - Yes, to the whole clause

Senator CHATAWAY - If it applies to the whole clause, and the Minister does not do the particular thing which he is instructed to do, he is to be liable to a penalty of £20.

Senator Pearce - You cannot fine the Crown.

Senator CHATAWAY - Exactly, and the provision becomes a farce. As a matter of fact, it ought to appear as a separate clause. It provides for a penalty which makes a laughing stock of the clause.

Clause agreed to.

Clause 158 - (1.) Where a deceased seaman or apprentice has left a will, the Minister may refuse to pay or deliver the above-mentioned residue - (*) if the will was not made on board ship - to any person claiming under the will, and not being related to the testator by blood or marriage, unless the will is in writing and is signed or acknowledged by the testator in the presence of and is attested by two witnesses, one of whom is a superintendent, or is a minister of religion officiating in the place in which the will is made, or, where there are no such persons, a justice, British Consul, or Officer of Customs.

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