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SJ No 57 - 25 September 1901



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COMMONWEALTH OF AUSTRALIA,

No. 57.

JOURNALS OF THE SENATE.

WEDNESDAY, 25th SEPTEMBER, 1901.

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

2. PRAYERS.

3. T ransferred Officers : Salaries.—Senator Keating, pursuant to notice, asked the Vice-President of the Executive Council have any officers in the transferred Departments received increases in their salaries since entering the service of the Commonwealth ; and, if so, will he place upon the Table of this Senate a return showing the names and offices of such officers, and the amounts of their respective increases. The Vice-President of the Executive Council replied—The information is being compiled, and will

be laid upon the Table of the House in the form of a Return.

4. M essage from the H ouse of R epresentatives.—The following Message from the House of Repre­ sentatives was received and read :— M r. P resident, Message No. 20.

The House of Representatives returns to the Senate the Bill intituled “ An Act relating to the Customs,” and acquaints the Senate that the House of Representatives has agreed to Nos. 1 to 26, 29 to 45, 47, 48, 50 to 64, 66, 68, 70 to 78, 80 to 87, 90 to 100, 102 to 109, 111, 112, 115, and 117 to 121 of the amendments made by the Senate, has agreed to amendments Nos. 27,

28, 65, 79, 88, 89, 1 14, 116, and 122 with the amendments indicated by the annexed Schedule, and has disagreed to amendments Nos. 46, 49, 67, 69, 101, 110, and 113 for the reasons assigned herewith. The House of Representatives desires the concurrence of the Senate in the amendments to the amendments of the Senate, and desires its reconsideration of the Bill in respect of the amend­ ments disagreed to.

E. W. HOLDER,

House of Representatives, Speaker.

Melbourne, 25th September, 1901.

SCHEDULE OF THE AMENDMENTS MADE BY THE HOUSE OF REPRESENTATIVES TO CERTAIN AMENDMENTS MADE BY THE SENATE IN THE CUSTOMS BILL.

In amendment No. 2 7 , viz :— No. 2 7 .—Page 8, after clause 50, insert the following new clause :— “ 5 0 a . A s to all tea imported:— Tea t0

(а) Samples shall be taken without payment and examined by the on importa-Collector. tlon'

(б) Unless the Collector is as a result of the examination satisfied that the tea is not a prohibited import he shall submit the samples for analysis to an official analyst appointed by the Governor-General for the purposes of this Act. (c) If as the result of the analysis it appears that the tea is a prohibited

import it shall after compliance with the next succeeding paragraph be dealt with accordingly. (d) Notice shall be given to the owner of the report of the analyst if the tea is thereby shown to be a prohibited import, · and the owner shall be

allowed fourteen days after the receipt of the notice to satisfy the Collector that the tea is not a prohibited import. (e) Any tea not complying with the prescribed standard of strength and purity shall be deemed unfit for human use.” At end of paragraph (d) add—

“ and if the Collector is not so satisfied the tea shall be a prohibited import.”

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In amendment No. 28, viz :—

No. 28.·—Page 9, after clause 52, insert the following new clause : —

“ 5 2 a . There shall be publicly exposed at the principal ports of Aus- List of tralia printed lists of all books wherein the copyright shall be subsisting, and booitstobe as to which the proprietor of such copyright or his agent shall have given exposed at notice in writing that such copyright exists stating in such notice when such ports!1 ™ 1 copyright expires.” .

In line 1 omit “ publicly exposed ” and insert “ open to public inspection at the Customs House.” In line 4 after “ writing ” insert “ pursuant to section forty-nine.”

In amendment No. 65, viz :—

No. 65.—Page 22, after clause 154, insert the following new clause:—

“ 1 5 4 a . ( 1 ) For the protection of the revenue against the undervaluation customs may of goods subject to ad valorem duties any goods entered as of a specified value may at any time before sale to a person having no knowledge of the declared value entry and subject as may be prescribed be purchased by the Customs at their cent. ten per

declared value with an addition of Ten pounds per centum on the amount of such value. “ (2) The purchase shall be effected by the seizure of the goods by an officer and written notice of the seizure given to the owner. “ (3) The officer shall remove the goods to a warehouse or some place of security, and the owner shall thereupon be entitled to the purchase money.

“ (4) The goods shall become the property of the King immediately on seizure, and shall afterwards be disposed of as may be prescribed or as the Collector may direct. “ (5) A refund in whole or in part of any duty paid on the goods may be made by the Collector.

“ (6) This section shall not limit or restrict any other power possessed by the Customs relating to the goods.” In line 3 omit “ to a person having no ” and insert “ and delivery to a person who shall prove to the satisfaction of the Collector that he purchased and took delivery in good faith and

without any.”

In amendment No. 79, viz :—

No. 79.—Page 28, clause 192, line 14, omit “ the same and,” insert “ and search.” Omit the words “ omit ‘the same and’ ” (and consequentially omit the further word “ and ”).

In amendment No. 88, viz :—

No. 88.—Page 31, clause 213, line 8, at end of clause add “ unless a Justice of the High Court of Australia or the Supreme Court of a State has granted leave to the plaintiff to proceed without notice, which leave such Justice or Judge may grant on such terms as he may think just.”

After “ Australia o r” insert “ of.” Omit “ or Judge.”

In amendment No. 89, viz :—

No. 89.—Page 31, after clause 213 insert the following new clause :—· “ 2 1 3 a . No notice under the last preceding section shall be deemed De(ect in notice invalid by reason of any defect or inaccuracy therein unless the Court is of n°t_ to invaii· opinion that the defect or inaccuracy would prejudice the defendant in his ' defence.”

After “ defence ” add “ and the Court may give leave to amend such notice as it thinks just.”

In amendment No. 114, viz.:—

No. 114.—Page 39, clause 256, line 21, after “ order ” insert “ published in the Gazette.” Before “ published ” insert “ which shall forthwith be.”

In amendment No. 116, viz.:—

No. 116.—Page 40, after clause 259, insert the following new clause :—

“ 2 5 9 a . Any matter of difference arising under this Act, or in relation ^ eterm ine^ to the Customs, and not involving a contravention of this Act, may, at the differences, 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 circum­

stances, and finally decide the difference.”

In line 4, after “ Minister ” omit “ shall ” and insert “ may.”

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In amendment No. 122, viz.:— No. 122.—Page 42, after Schedule II. insert the following new Schedule:—

SCHEDULE I I a. Commonwealth of Australia.

Writ of Assistance.

His Majesty the King {or Queen, as the case may be). To all Peace Officers, and to all whom it may concern : Greeting. We command you to permit A.B. of an Officer of the Customs of

the Commonwealth of Australia, and his assistants, and each and every of them at any time in the day or night to enter in and search any house premises or place and to break open and search the same and any chests trunks or packages in which goods may be or are supposed to be, and to seize any goods forfeited to Us and any goods that he the said A.B. has reason­

able cause to believe are forfeited to Us, and to take such goods to the nearest King’s warehouse or to such other place of security as Our Collector of Customs for Our State of in Our said Commonwealth shall direct. And We grant to the said A.B. all powers which are capable of being granted by a W rit of Assistance.

And We command all Peace Officers and all Our loving subjects in Our said Common­ wealth of Australia upon sight of this Our Writ, and upon being so required by the said A.B. to be aiding and assisting the said A.B. in the matters aforesaid : Herein fail not at your peril :

And We declare that this Our W rit of Assistance shall remain in force so long as the said A.B. remains an Officer of Customs in Our Commonwealth of Australia whether in his present capacity or not.

Witness {name and description of the Judge testing the Writ) at the day of One thousand nine hundred and .

(Seal) By the Court.

In line 4, omit “ {or Queen as the case may be).”

Schedule of the A mendments made by the Senate in the Customs B ill to which the H ouse of R epresentatives has D isagreed.

No. 46·—Page 17, clause 112, lino 9, after “ export ” omit the remainder of the clause. No. 49·—Page 18, clause 121, line 14, after “ Customs ” omit the remainder of the clause. No. 67-—Page 24, clause 166, line 24, after “ n o t ” {first occurring) insert “ to his knowledge.” No. 69.—Page 24, clause 168, line 41, after “ place” insert “ beyond Australia.” No. 101.—Page 33, clause 220, line 5, after “ o r ” (second occurring) insert “ wilfully.” No. 110.—Page 34, clause 224, line 35, after “ goods” insert “ subject to the control of the

Customs.” No. 113.—Page 37, clause 245, omit sub-clause (2).

Reasons of the House of Representatives fo r Disagreeing to certain Amendments of the Senate.

As to Amendment No. 46 :— Because the provision proposed to be omitted is usual and necessary for the proper protection of the revenue; further, it is permissive and to be exercised only when the Collector sees reason to require it, instead of as in many existing Acts, in all cases.

As to Amendment No. 49 :— Because when a person declines to comply with the law in his relations with the Customs it is reasonable that the Department should have the power to postpone, until compliance, the transaction of further business with the person in default.

As to Amendment No. 67 :— Because the State has a right to ask for a positive assurance that the necessary conditions have been performed before paying away money which is only payable when those conditions have been performed.

As to Amendment No. 69 :— Because the amendment is unnecessary and not altogether consistent with the context.

As to Amendment No. 101 :— Because so long as the statement is misleading the injury to the revenue and to more careful traders is the same whatever the intention ; further, where necessary any forfeiture can be waived, but to make the right of forfeiture for misleading entries depend on proof of

intention would in many cases defeat the course of justice.

As to Amendment No. 110:— Because the result of the amendment would be to unnecessarily limit the effect of the clause.

As to Amendment No. 113 :— Because the amendment would prevent the truth from being elicited.

C. GAY AN DUFFY,

20th September, 1901. Clerk of the House of Representatives.

Ordered—That the Message and amendments be printed and taken into consideration in Committee of the Whole to-morrow.

5. D istillation B ill.—The Senate, according to Order, resolved itself into a Committee for the further consideration of the Distillation Bill.

In the Committee,

Title agreed to. Clause 3 reconsidered, amended, and agreed to. Clause 4 reconsidered and agreed to. Clause f> reconsidered and agreed to.

Clause 8 reconsidered, amended, and agreed to. Clause 10 reconsidered and agreed to. Clause 12 reconsidered and agreed to. Clause 13 reconsidered and agreed to. Clause 14 reconsidered. Senator McGregor moved an amendment, viz., in line 2, to leave out “ two gallons,” with a view to

insert “ one gallon ” in lieu thereof. Question—That the words proposed to be left out stand part of the clause—put. Committee divided. Ayes, 18.

Senator Best Clemons Dobson Sir J. W. Downer Drake Ferguson

Glassey Major Gould Macfarlane Millen Lieut.-Col. Neild

O’Connor O’Keefe Pulsford Lieut.-Col. Sir F. T. Sargood

Walker Sir W. A. Zeal.

Noes, 9.

Senator Charleston Dawson Do Largie Higgs McGregor Playford Smith Stewart.

Teller.

Senator Pearce.

Teller.

Senator Barrett.

Clause ]4 agreed to. Clause 25 reconsidered and agreed to. Clause 28 reconsidered and agreed to. Clause 31 reconsidered and agreed to. Clause 34 reconsidered. Senator Sir J. H. Symon moved an amendment, viz., after “ shall,” inline 1, to insert “ except

by authority.” Question—That the words proposed to be inserted be inserted—put. Committee divided.

Ayes, 10.

Senator Charleston Clemons Major Gould Macfarlane Lieut.-Col, Neild

Playford Pulsford Lieut.-Col. Sir F. T. Sargood Sir J. H. Symon.

Teller.

Senator Millen.

Noes, 20.

Senator Barrett Best Dawson Dobson Sir J. W. Downer Drake Ewing Ferguson Glassey Higgs Keating McGregor O’Connor O’Keefe Pearce

Smith Stewart Walker Sir W. A. Zeal.

Teller.

Senator Do Largie.

Clause 34 agreed to. Clause 51 reconsidered, amended, and agreed to. Clause 52 reconsidered and agreed to. Clause 53 reconsidered and agreed to. Clause 54 reconsidered and agreed to.

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Clause 55 reconsidered and agreed to. Clause 57 reconsidered. Senator Sir F. T. Sargood moved an amendment, viz., to leave out “ thirty,” in line 3.

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

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

8. D istillation B ill.—Clause 57 further considered.

Question—That the word “ thirty ” proposed to be left out stand part of the clause—put. Committee divided.

Ayes, 17.

Senator Charleston Clemons Dobson Sir J. W. Downer Drake Glassey

Major Gould Keating Macfarlane McGregor Millen Lieut.-Col. Neild O’Connor Playford Pulsford

Sir J. II. Symon.

Teller.

Senator O’Keefe.

Senator McGregor moved an amendment, viz., after “ Proof,” in line 3, to insert “ in the case of wine spirit and of at least sixty degrees above proof in the case of any other spirit.” Question—That the words proposed to be inserted be inserted—put. Committee divided.

Ayes, 19.

Senator Sir R. C. Baker Barrett Best Charleston Clemons De Largie Dobson Glassey Higgs Macfarlane McGregor

O’Keefe Pearce Playford Lieut.-Col. Sir F. T. Sargood Stewart Sir J. H. Symon Walker. "

Teller.

Senator Keating.

Clause 57, as amended, agreed to. Clause 58 reconsidered, amended, and agreed to. Clause G4 reconsidered, amended, and agreed to. Clause 75 reconsidered and agreed to. Clause 82 reconsidered, amended, and agreed to. Clause 83 reconsidered, amended, and agreed to. Clause 84 reconsidered and struck out. Schedule I. reconsidered and agreed to. Schedule II. reconsidered and agreed to. Schedule 111. reconsidered and amended. Senator Lieut.-Col. Neild moved a further amendment, viz., in Regulation 93 to leave out “ three

days,” with a view to insert “ forty-eight hours ” in lieu thereof. Question—That the words proposed to be left out stand part of the Regulation—put.

Noes, 8.

Senator Sir J. W. Downer Drake Ewing Major Gould Lieut.-Col. Neild O’Connor Pulsford.

Teller.

Senator Millen.

Noes, 9.

Senator Barrett Best De Largie Higgs Pearce Lieut.-Col. Sir F. T. Sargood Smith Walker.

Teller.

Senator Stewart.

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Committee divided. Ayes, 18.

Senator Sir R. C. Baker Barrett Best De Largic

Dobson Sir J. W. Downer Drake Glassey Higgs Keating O’Connor O’Keefe Pearce Playford

Lieut.-Col. Sir F. T. Sargood Smith Stewart,

Teller.

Senator Charleston.

Schedule III. further amended and agreed to. New clause 10λ inserted, to follow clause 10. Bill to be reported with amendments. The President resumed the Chair; and Senator 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 as reported be considered to-morrow.

9. M essage from H ouse of R epresentatives.—The following Message from the House of Repre­ sentatives was received and read :— Mr. P resident, Message No. 21.

The House of Representatives transmits to the Senate a Bill intituled “ An Act relating to Excise,” with which it desires the concurrence of the Senate. F. W. HOLDER, House of Representatives, Speaker.

Melbourne, 25th September, 1901.

10. E xcise B ill.—The Vice-President of the Executive Council moved, That the Excise Bill be now read a first time. Question—put and passed. Bill read a first time, and ordered to be read a second time to-morrow.

11. P ostponement of B usiness.—Ordered, That Orders of the Day Nos. 2 and 3 be postponed till after the consideration of Order of the Day No. 4.

12. B eer E xcise B ill.—On the Order of the Day being read for the consideration of the Beer Excise Bill as reported a second time, Ordered—That the Bill be recommitted for the reconsideration of Clauses 5, 7, 14, 19, 2 7 a, 67, Schedule III., and new clauses. The Senate, according to Order, resolved itself into a Committee for the reconsideration of the

Bill.

In the Committee,

Clause 5 reconsidered and agreed to. Clause 7 reconsidered, amended, and agreed to. Clause 14 reconsidered, amended, and agreed to Clause 19 reconsidered, amended, and agreed to. Clause 2 7 a reconsidered, amended, and agreed to. Clause 67 reconsidered and struck out. Schedule III. reconsidered, amended, and agreed to.

New Clause 18a inserted to follow Clause 18. Bill to be reported with further amendments. The President resumed the Chair; and Senator Best, from the Committee, reported that the Com­ mittee had reconsidered the Bill, and had agreed to the same with further amendments.

Ordered—That the Bill as reported a third time be considered to-morrow.

13. A djournment.—The Senate adjourned at fifty-six minutes past nine p.m. till to-morrow, at half-past two p.m.

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

Noes, 6.

Senator Major Gould Millen Lieut.-Col. Neild Pulsford

Walker.

Teller.

Senator Macfarlane.

E. G. BLACKMORE, Clerk of the Parliaments.

Printed and Published for the Government of the Commonwealth of A ustralia by R oet. S. B rain, Government Printer for the State of Victoria.