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Wednesday, 1 August 1906


Senator KEATING (Tasmania) (Honorary Minister) . - Honorable senators will find that this clause has been taken bodily from the existing Act. It repeats word for word section 28 of the existing Act. In the next clause we provide that -

In the case of all land acquired under this Act, the Commonwealth shall bear all costs, charges, and expenses -

(a)   of all conveyances and assurances of the land, and of' any outstanding interests therein ; and

(b)   of making out and furnishing such abstracts and attested copies as the Attorney-General requires.

I think that at present the principle is that in the first instance the party him self incurs the expense of having his title produced, but he is afterwards recouped under paragraph b of clause 62, without calling upon the Attorney-General in the first instance to pay other persons, through their representatives who hold interests, which necessitate their retaining possession of the title deeds. If the Department had to go and pay the mortgagee's solicitor for the production of the deed, it would not only be inconvenient and possibly in some instances harassing, but it might be used very often to prevent the Commonwealth from acquiring the land with the expedition which might be necessary.


Senator Dobson - Does the Minister think that under clause 62 a man will get back the fee which he has paid under clause 61 ?


Senator KEATING - I do.


Senator Dobson - Well, I doubt it.


Senator KEATING - If it had not been recouped there would have been an outcry long before this time. I believe that paragraph b of clause 62 will cover the production fee to the mortgagee's solicitor. The object of that provision is really to make the owner lend all possible assistance to complete the contract.


Senator Dobson - All right, then.

Clause agreed to.

Clause 62 agreed to.

Clause 63 (Mining leases and licences).







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