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SJ No 49 - 05 September 1901



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COMMONWEALTH OF AUSTRALIA.

No. 49.

JOURNALS OF T E E SENATE.

THURSDAY, 5th SEPTEMBER, 1901.

1. M eeting of Senate.—The Senate met pursuant to adjournment.

2. PRAYERS.

3. Customs B ill.— The Senate, according to Order, resolved itself into a Committee for the further consideration of the Customs Bill. In the Committee, New Clause 184a—

“ No fastening, lock, mark, or seal placed by an officer upon any goods or upon any door, hatchway, opening, or place for the purpose of securing any stores upon any ship which has arrived in any port from parts beyond the seas and which is bound to any other port within the Common­ wealth shall be opened, altered, broken, or erased except by authority; and if any ship enters any

port with any such fastening, lock, mark, or seal opened, altered, broken, or erased contrary to this section, the master shall be guilty of an offence against this Act. “ Penalty : One hundred pounds ”— Again proposed. Question—That the new clause proposed to be inserted be inserted—put and passed. New Clause 213a inserted to follow Clause 213. Senator Lieut.-Col. Neild moved a new Clause 255a to follow Clause 255, viz.:—

“ The Governor-General shall from time to time appoint in each of the States of the Com­ monwealth three persons to constitute a Board to be called “ Commissioners of Customs,” who shall hold office for a term of three years (any two members of such Board shall form a quorum), and shall with open doors hear and determine disputes between any officer of the Customs and any other person respecting any matters whatever relating to the Customs, which may be sub­ mitted to their judgment by the Comptroller or any collector on behalf of any such officer, or by the person preferring any complaint against such officer or by any person who shall be dissatisfied with the determination of the Comptroller or any collector, or by the Minister in respect of any matter relating to the Customs.”

4. Suspension of Committee.—At half-past six p.m. the sitting of the Committee was suspended till half-past seven p.m.

5. R esumption of Committee.—A t half-past seven p.m. the sitting of the Committee was resumed.

6. Customs B ill.—New Clause 255a further considered, and, by leave, withdrawn. Senator Sir F. T. Sargood moved a new Clause 255a to follow Clause 255, viz.:— “ If any dispute shall arise between any officer and any person as to the classification of goods or of the rate of duty to be paid on same, the person aggrieved may apply in writing to

the Minister stating the grounds of complaint, and thereupon the Governor-General shall depute two or more persons to inquire into and report upon such dispute in the prescribed manner to the Governor-General. Upon such inquiry witnesses may be summoned and examined upon oath.” Question—That the clause proposed to be inserted be inserted—put and negatived. The Vice-President of the Executive Council moved a new Clause 259a to follow Clause 259,

viz.:— “ Any matter of difference arising under this Act, or in relation to the Customs, and not involving a contravention of this Act, may, at the request of the parties interested, be referred to the Minister for decision, and thereupon the Minister shall, in such manner as he shall think fit, inform his mind of the circumstances, and finally decide the difference.”

132

Senator Lieut.-Col. Neild moved an amendment, viz., to leave out all the words after “ referred to,” in line 2, down to and including “ and,” in line 4, with a view to insert in lieu thereof “ three persons who shall hear and determine such difference.” Question—That the words proposed to be left out stand part of the proposed new clause—put and

passed. Senator Clemons moved an amendment, viz., to insert after “ and,” in line 4, “ shall hear and determine.” Question—That the words proposed to be inserted be inserted—put. Committee divided.

Ayes, 13.

Mr. Charleston Clemons Sir J. W. Downer Mr. Ewing

Major Gould Lieut.-Col. Neild Mr. Playford Pulsford

Smith Stewart

Sir J. H. Symon Mr. Walker.

Teller.

Noes, 13.

Mr. Barrett Best De Largie Dobson Drake Ferguson Glassey Higgs McGregor

O’Connor O’Keefe Pearce.

Teller.

Lieut.-Col. Sir F. T. Sargood. Mr. Keating.

The number of the Ayes and Noes being equal, the question passed in the negative. Question—That the proposed new clause be inserted in the Bill—put. Committee divided.

Noes, 11.

Mr. Charleston Clemons Major Gould Lieut.-Col. Neild Mr. Playford

Pulsford

Lieut.-Col. Sir F. T. Sargood Mr. Smith Sir J. H. Symon Mr. Walker.

Teller.

Mr. Ewing.

Teller.

Mr. Pearce.

Schedule II.a inserted to follow Schedule II. Title agreed to. Bill to be reported with amendments. The President resumed the chair ; and Mr. Best, from the Committee, reported that the Com­

mittee had considered the Bill, and had agreed to the same with amendments. Ordered—That the Bill be recommitted for the purpose of reconsidering Clauses 28, 49, 50, 52a, 60, 69, 94, 123, 135, 136, 149, 150, 173, 198, 203, 213, 214, 219, 220, 223, 224, 245, 256, 258, and the insertion of a new clause to follow Clause 173. The Senate, according to Order, resolved itself into a Committee for the reconsideration of the

Bill.

In the Committee,

Clause 28 reconsidered and agreed to. Clause 49 reconsidered, amended, and agreed to. To report progress and ask leave to sit again. The President resumed the C hair; and Mr. Best, from the Committee, reported that the

Committee had reconsidered the Bill, and had made progress, and asked leave to sit again. Ordered—That the Committee have leave to sit again to-morrow.

Ayes, 15.

Mr. Barrett Mr. Best De Largie Dobson

Sir J. W. Downer Mr. Drake Ferguson Glassey

Higgs Keating McGregor O’Connor

O’Keefe Stewart.

7. A djournment.— The Senate adjourned at eleven minutes past ten p.m. till to-morrow at half-past ten a.m.

8. A ttendance.—Present, all the Members except Senators Lieut.-Col. Cameron, Dawson (on leave), Fraser (on leave), Harney (on leave), Macfarlane, Matheson (on leave), Millen, and Styles (on leave).

E. G. BLACKMORE, Clerk o f the Parliaments.

Printed and Published for the Government of the Commonwealth of A ustbaua by R o m . 8. B eals, Government Printer for the State of Victoria.