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Thursday, 7 November 1935

Senator BRENNAN (Victoria) . - This amendment has been designed to simplify procedure. Section 9 still stands and clause 4 adds a new section. Sub-section 4 of section 9, reads -

All articles which are condemned as forfeited shall be dealt with as directed by the Attorney-General, and pending his direction may be detained in such custody as the court directs.

This provision applies to articles which have already been condemned by a court of summary jurisdiction and it empowers the Attorney-General, to direct what shall be done with such goods.

Senator Collings - But under the existing law a court of summary jurisdiction decides whether the goods shall be returned or not?

Senator BRENNAN - No. Goods that have been forfeited become the property of the Government, and when they are condemned the court directs in what custody they shall be detained, pending an order by the AttorneyGeneral for their disposal. The memorandum I read to the committee showed that very few articles have so far come within the ambit of this subsection. The important point for honorable senators to remember is that subsection 4 of section 9 deals only with articles which have been condemned by a court of summary jurisdiction.

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