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Wednesday, 28 September 1910

Senator MILLEN (New South Wales) . - It is pleasant to know that the opposition of the Board of Trade has weakened almost to vanishing point, but the Government are now faced with another opposition, which is endeavouring to ascertain the true purport of this proposed legislation. The Minister has stated that the clause would not apply to British ships having on board uncertificated officers. But to my mind it would apply. The clause says that no person shall take into his employment as an officer any person who is not duly certificated. When a British ship enters our waters she is under our jurisdiction.

Senator McGregor - The clause does not affect those who are already in employment. It relates to those who enter employment.

Senator MILLEN - It is impossible to proceed against a man 'intil an offence is committed, . lt is after an offence has been committed that the prosecution is initiated. If a vessel entered our waters, and a person was found on board who was carrying out the duties of an officer, and who had not a certificate, it" would be competent for the Government, under this Bill., to proceed against the ship-owner. If the clause has any meaning we are enacting legislation that will enable a prosecution to be instituted against a. ship-owner if his ship er-ters our waters having on board a person acting as an officer who is not certificated.

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