CO129-515-3 Tobacco (Amendment) Ordinance- 1929 28-1-1929 - 11-3-1929 — Page 15

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10.

(a) Paragraph (iv) alters sub-section (2) so as

to avoid the argument that it applied only

to the case of the removal last mentioned in

sub-section (1).

Section 16 relieves the Governor in Council of

certain functions which it is thought can be dealt with

more appropriately by the Superintendent of Imports and

Exports..

19.

14

Section 17 of this Ordinance repeals sub-section (2)

of section 31 of the principal Ordinance as being incompatible

with the new system of duties.

20.

Section 18 of this Ordinance deletes the word

"dutiable" from section 39 (4) of the principal Ordinance

in order to give the Superintendent fuller control.

21.

Section 19 of this Crdinance substitutes the word

"incorrect" for the words "false or inaccurate or misleading"

in section 50 of the principal Ordinance. It is understood

that the intention of the draftsman was to get rid of the

necessity for proving mengrea, the word "incorrect" being

less suggestive of wilfulness and guilty knowledge than the

words "false" and "misleading" which in the former section

50 enclosed the more colourless word inaccurate".

It may

be doubted whether the above intention has been effected,

even though this is a revenue Ordinance, and though some

reason for the change in language must be assigned.

22.

Section 20 of this Ordinance effects an amendment

in section 53 of the principal Ordinance which is intended

to enable the Analyst's certificate to be put in evidence

without calling the Analyst to connect it with the particular

tobacco which is the subject of the charge.

obvious intention of the original section.

This was the.

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