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Wednesday, 20 November 1912

Senator ST LEDGER (Queensland) . - I have tried to find an explanation for this provision. I have found one, but it is not very satisfactory. So far as I can find, section 422 of the Merchant Shipping Act of 1894 is not expressly repealed by this Bill.

Senator Pearce - It is only added to.

Senator ST LEDGER - Possibly that is the explanation of the matter. Prima facie, when a section is not expressly repealed, it will apply. There is a section in the Imperial Act which excludes the application of the amending Act dealing with salvage and collisions' from Canada, Australia and other Dominions. .That, of course, leaves those Dominions free to embody the provision in their legislation whenever they choose to do so. It has occurred to me that the Imperial Act, after all, followed very largely the decisions given by the various Courts of Admiralty in salvage and collision cases. Section 422 is really declaratory of the law which has been laid down from time to time, and possibly that very useful provision still holds good.

Motion agreed to.

Clause 266 (No misleading lights to be shown).

House of Representatives' Amendment.- Omit the clause.

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