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Thursday, 15 August 1974
Page: 982


The CHAIRMAN - Order! Is leave granted? There being no objection, leave is granted.


Senator GREENWOOD - I move:

Leave out paragraph ( f).

Clause 76 provides for the imposition of penalties upon persons who in one way or another run foul of the provisions of the legislation. The clause states:

A person who-

(a)   contravenes a provision of Part IV;

(   b ) attempts to contravene such a provision;

(c)   aids, abets, counsels or procures a person to contravene such a provision:

(d   ) induces, or attempts to induce, a person, whether by threats or promises or otherwise, to contravene such a provision;

(e)   is in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of such a provision; or

(   f ) conspires with others to contravene such a provision.

If the court so orders such a person is liable to a pecuniary penalty of up to $250,000. The Opposition seeks to have deleted the provision relating to a person who conspires with others to contravene such a provision. The simple and short reason for the amendment- I do not detain the Senate- is that in the original Bill which was introduced last year there was a prohibition upon anyone who conspired in restraint of trade. After examination of the various representations the Attorney-General (Senator Murphy) withdrew that prohibition from the legislation. Now it does not appear. It seems to the Opposition that when this provision is brought into this part of the legislation it is introducing by the back door a complex situation of conspiracy. We believe that the earlier provisions which are tremendously comprehensive cover the situation and so we have moved to leave out that provision.







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