XN000022-1982-06-24 — Page 4

THURSDAY, JUNE 24, 1982

BILL TO ALLOW ACTION AGAINST SHIPS WITH DRUGS

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THE DANGEROUS DRUGS (AMENDMENT) (NO. 2) BILL, WHICH ENABLES MORE EFFECTIVE ACTION TO BE TAKEN AGAINST OWNERS OF SHIPS IN WHICH +EXCESSIVE QUANTITIES+ OF DANGEROUS DRUGS HAVE BEEN FOUND ON AT LEAST OCCASIONS WITHIN 18 MONTHS, WAS PUBLISHED IN THE GOVERNMENT GAZETT: TODAY (THURSDAY).

UNDER THE BILL, THE COMMISSIONER OF THE CUSTOMS AND EXCISE SERVICE, WITH THE WRITTEN CONSENT OF THE ATTORNEY GENERAL, HAS THE POWER TO SEIZE AND DETAIN FOR 48 HOURS, ANY SHIPS REASONABLY SUSPECTED TO HAVE CARRIED ON TWO OCCASIONS WITHIN 18 MONTHS MORE THAN 3 000 GRAMS OF OPIUM OR CANNABIS OR 500 GRAMS OF ANY OTHER DANGEROUS DRUGS.

THE BILL ALSO EMPOWERS A MAGISTRATE, ON APPLICATION BY THE COMMISSIONER OF THE CUSTOMS AND EXCISE SERVICE, TO CONTINUE THE DETENTION OF A SHIP ALREADY SEIZED AND DETAINED, OR TO ORDER THE ARREST AND DETENTION OF A SHIP. THE MAGISTRATE WILL THEN ORDER THAT THE PROCEEDINGS BE TRANSFERRED TO THE HIGH COURT.

THE REGISTRAR OF THE SUPREME COURT WILL GIVE NOTICE OF THE TIME AND PLACE AT WHICH THE HIGH COURT WILL HEAR AN APPLICATION BY THE COMMISSIONER OF THE CUSTOMS AND EXCISE SERVICE FOR THE IMPOSITION OF FINANCIAL PENALTY ON THE OWNER NOT EXCEEDING $5 000 000. HOWEVER, THE OWNER OR MASTER CAN APPLY TO A JUDGE TO ADMIT THE SHIP TO BAIL OR BOND IN AN AMOUNT OF NOT LESS THAN $5 000 000.

WHERE THE HIGH COURT IS SATISFIED BEYOND REASONABLE DOUBT THAT A SHIP HAS CARRIED AN EXCESSIVE QUANTITY OF DANGEROUS DRUGS IN THE CIRCUMSTANCES DESCRIBED, IT MAY ORDER THE OWNER TO PAY A MAXIMUM FINE OF $5 000 000. THIS PENALTY MAY BE RECOVERED FROM ANY BAIL OR BOND PAID OR GIVEN. HOWEVER, IF NO SATISFACTORY ARRANGEMENTS FOR THE PAYMENT OF THE PENALTY ARE MADE, THE SHIP MAY BE FORFEITED TO THE CROWN.

HOWEVER, THE BILL PROVIDES THAT NO FINANCIAL PENALTY SHALL BE IMPOSED IF THE OWNER AND THE MASTER PROVE THAT, IN RESPECT OF THE SECOND OCCASION ON WHICH DRUGS WERE CARRIED, THEY HAD TAKEN ALL REASONABLE AND PRACTICABLE STEPS TO PREVENT THE CARRIAGE.