Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
 Download Full Day's HansardDownload Full Day's Hansard    View Or Save XMLView/Save XML

Previous Fragment    Next Fragment
Thursday, 6 December 1973
Page: 2572


Senator LAUCKE (South Australia) -Clause 17 provides for the forfeiture of foreign ships. The wording and the intent of this clause is similar to the clause in the Fisheries Bill which we have amended. For reasons similar to those which actuated that amendment, we will be moving an amendment to this clause. Clause 17 provides in the proposed new section 18A(l)(b):

A ship that, in relation to an external Territory, is a Territory ship, is used or otherwise involved in the commission of an offence under this Act that ship shall be forfeited to Australia.

I move:

Clause 17, line 12, after 'shall 'insert', if the court so orders,'.

This is in line with the amendment moved to the Fisheries Bill 1973. Since time immemorial punishment- and very drastic punishment- has been imposed only after due inquiry and judicial determination. In this clause we seek that the order of a court should be necessary before the forfeiture is made. This is a most mandatory and undesirable provision and therefore I have moved this amendment. The amended clause will then read: 1 8a. ( 1 ) Where a ship, other than-

(a)   an Australian ship; or

(b)   a ship that, in relation to an external Territory, is a Territory ship, is used or otherwise involved in the commission of an offence under this Act that ship shall, if the court so orders, be forfeited to Australia.







Suggest corrections