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Wednesday, 4 July 1906
Page: 1032


Mr ISAACS (Indi) (Attorney-General) . - In criminal matters, as the honorable and learned member for Illawarra is aware, a jury has to find a verdict upon all questions of fact. It was pointed out by the honorable and learned member for North Melbourne that the retention of the words " in the opinion of the jury," as applied to the question of whether the preservation of an industry was advantageous to the Commonwealth, might make it appear that the expressiounius was to the exclusion of the other, and consequently there might be some doubt as to whether the other questions were to be decided by a jury. By striking out the words " in the opinion of thejury " it is made clear that all questions of fact are to be determined by a jury.

Clause, as amended, agreed to.

Clause 5 -

1.   Any foreign corporation, or trading or financial corporation formed within the Commonwealth, which wilfully, either as principal or agent, makes or enters into any contract, or engages in any combination to do any act or thing -

(a)   in restraint of trade or commerce within the Commonwealth to the detriment of the public, or

(b)   with the design of destroying or injuring by means of unfair competition any Australian industry the preservation of which in the opinion of the jury is advantageous to the Commonwealth, having due regard to the interests of producers, workers, and consumers, is guilty of an indictable offence.

Penalty : Five hundred pounds.

2.   Every contract made or entered into in contravention of this section shall be absolutely illegal and void.

Amendment (by Mr. Isaacs) agreed to-

That the word "wilfully," line 3, be left out.







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