This section provides safeguards so far as certain moneys that might be wrongly confiscated are concerned. There is an assumption that a mistake might be made and an attempt is made to give a right to make claims. I wonder very much if the attempt is as good as the intention, because from the reading of the section and sub-sections one is led to believe that the person from whom the money is taken must be the person who makes the claim. We can visualise a case where a person has died and the heirs might make a claim. There might be matters to be decided before a court and the claim might not be made within the two months prescribed in the section. In connection with sub-section (2), it might not be possible to produce evidence to satisfy the High Court as to ownership of property as other proceedings might be in abeyance. An applicant might not be able to give such evidence as would satisfy the court. The intention apparently is all right, but whether it is fully met by the Bill is a question that I wish the Minister to look into.
In Committee on Finance. - Offences Against the State (Forfeiture) Bill, 1940—Committee and Final Stages.
Sections 1, 2 and 3 agreed to.
SECTION 4.
Question proposed: "That Section 4 stand part of the Bill."
Mr. Brennan
I will have these matters looked into by the Minister responsible. I should have thought that if a person was an executor or administrator he would be entitled to make a claim. Some difficulty might arise if the applicant himself had to give evidence. There might be something in that point. It is only a question of the Department responsible looking into and tightening up the position.
Mr. Brennan
The difficulty is that we are giving the Minister all stages of this Bill now. I wish to have the matter looked into, because I know there is uneasiness about some of the sections, as the machinery provided does not meet the case.
Question put and agreed to.
Remaining sections and Title agreed to.
Bill reported without amendment, received for final consideration and passed.