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Wednesday, 16 December 1914

Senator FINDLEY (Victoria) . - The wording of the clause is quite clear, but clause 38 provides -

1.   Subject to the last two preceding sections, duty assessed under this Act shall be paid out of personal estate.

2.   If there is not sufficient personal estate to pay the duty, the administrator may raise the deficiency by way of mortgage secured upon the real estate, or may, if he thinks fit, apply to the High Court or the Supreme Court for the sale of the whole or any portion of the estate for the purpose of enabling him to pay the duty.

Senator Guthrie - Suppose that he cannot mortgage or sell?

Senator Mullan - The Commissioner will have to do without the duty then.

Senator FINDLEY - I think the two clauses are somewhat in conflict.

Senator Millen - No. Clause 38 begins with the words " Subject to the last two preceding sections." It is clear enough, I think.

Senator FINDLEY - If a man is given two years in which to pay the duty where is the necessity for clause 30 ?

Senator Pearce - Although you give him time, you may want security for payment.

Senator FINDLEY - That is all right. He has to get the security before he is given the period of two years.

SenatorPearce. - Clause 38 deals with the " sufficient security " referred to in clause 30.

Senator FINDLEY - I ask honorable senators to read clause 30.

Senator Bakhap - Some friend of the estate may pay the duty.

Senator FINDLEY - Clause 38 seems to me to be superfluous. If we are going to extend the time within which the duty may be paid, I do not see any necessity for clothing the administrator with the powers provided for in clause 28.

Senator Millen - I think the honorable senator is confusing the administrator with the Commissioner. It is the administrator who is referred to in clause 38.

Senator FINDLEY - That makes the matter only more complicated to me. Clause 30 makes it mandatory for security to be provided before the two years' breathing-time is given.

Senator Pearce - What authority has the administrator to mortgage the estate ? It is not his own estate. Unless we give him authority to mortgage it, he cannot do so.

Senator FINDLEY - If the Minister thinks that both provisions are necessary, I shall not raise any further objection.

Senator Millen - They deal with different sets of circumstances.

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