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Wednesday, 4 October 1911
Page: 1011

Senator PEARCE (Western AustraliaMinister of Defence) . - I have had an opportunity to consult the legal officer who is advising me, and he says that the Crown Law officers took into consideration the point which was raised by Senator Millen, and which is raised in this report. In their opinion, the form of words in the amendments I intend to propose in clause 348 will make the owner liable. The cases referred to in the report were cases decided on the state of affairs existing ; that is, where the liability was removed from the masters by the fact that they had to accept a pilot. As we are specifically providing that the owners shall not be exempt from liability, they will be liable as common carriers.

Senator Millen - How do you explain the report?

Senator PEARCE - The Crown Law officers took the report into consideration, and are of the opinion that if these words be inserted the owner will be liable.

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