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Tuesday, 11 December 1973
Page: 2656

Senator WRIEDT (Tasmania) (Minister for Primary Industry) - Insofar as the first matter raised by Senator Wright is concerned, I am advised that at least at this stage no such action has been taken, although it resides in the power of the Commonwealth to take the action that Senator Wright suggests. My advice is that up to this stage that has not been done.

Senator Wright - That is to say, we have not waived any forfeiture up to date?

Senator WRIEDT -That is right. Insofar as the second point the honourable senator raised is concerned, the Bill does use the term 'secretary' but it was pointed out in the second reading speech that clause 5 also gives effect in the Act to the principle that an official upon whom statutory powers are conferred should be subject to the directions of the Minister in the exercise of those powers. In other words, ministerial directive power remains over any delegated authority in the terms of the Act at any time. It is mainly a matter, as I understand it, of administrative procedure as to the disposal of any forfeited vessel. Nevertheless it does not mean that the power resides entirely in the hands of the secretary of the department. The secretary would remain subject to the direction of the Minister.

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