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Wednesday, 27 May 1942

Senator A J McLACHLAN (SOUTH AUSTRALIA) . -Will the Minister for External Territories (Senator Fraser) explain this clause? Surely it is within the competence of the court to exercise its jurisdiction over these gentlemen, and have their certificates delivered up.

SenatorFRASER (Western Australia - Minister for External Territories) [10.51]. - Section 374 of the principal act provides for delivery up of a certificate which has been cancelled or suspended by a court of marine inquiry, which means only a Commonwealth court. By the British Commonwealth Merchant Shipping Agreement, reciprocal arrangements are provided for, by which one part of the British Commonwealth may accept the finding of a court in another part. The bill accordingly makes provision for the Minister to demand delivery of the Australian certificate of an officer, if it has been cancelled or suspended by a British court abroad.

Clause agreed to.

Clause 9 -

After section three hundred and seventyfive of the principal act the following sections are inserted: - "375a. - (1.) Where a local certificate has been cancelled or suspended by a Court of Marine Inquiry, the Minister, after full investigation of all the circumstances, may. if he thinks the justice of the case requires it -

(a)   in the case of a cancelled certificate, re-issue and return the certificate;

(b)   in the case of a suspended certificate, shorten the time for which it is suspended and return or re-issue it; or

(c)   grant a certificate of a lower grade in place of the certificate which has been cancelled or suspended. (2.) In this section 'local certificate' means a certificate of competency as master, mate, engineer or marine engine-driver of a ship, granted under this or any State act, and valid within the Commonwealth or a State only.".

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