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Thursday, 6 December 1973
Page: 2569

Senator LAUCKE (South Australia) - In relation to clause 11,1 move:

Clause 11, in proposed new section 13c, leave out 'shall', insert 'may'.

Proposed new section 13c, refers to forfeiture in relation to foreign boats and states:

Where a court convicts a person of an offence against section 13 in the Commission of which a boat that was a foreign boat was used or otherwise involved or of an offence against section 13b, the court shall order the forfeiture to Australia of . . .

Then certain matters are referred to. I propose that the word 'may' instead of the word 'shall' be inserted in that provision. In relation to clause 12, 1 move:

Clause 12, in proposed new section 13d. (1), after 'Act', insert ' , if the court so orders, '.

This second amendment has a relationship to the first. With the amendment, proposed new section 1 3D. ( 1 ) would then provide:

A foreign boat used or otherwise involved in the commission of an offence under this Act, if the court so orders, is forfeited to Australia.

I move these amendments because the rigidity and mandatory character of the proposed new sections are regarded as being excessive. Forfeiture should be under court order and not forthwith. I presume that, in determining these matters, the court would take into account criteria such as the degree of responsibility of the owner of the vessel, as distinct from the master. In addition, repeated offences, and so on, would be considered.

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