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Friday, 6 July 1906


Mr JOSEPH COOK (PARRAMATTA, NEW SOUTH WALES) . - Although the honorable and learned gentleman proposes this amendment ostensiblyfor the protection of combinations, if it is agreed to he need not indict them under this clause at all.


Mr Isaacs - The honorable member means criminally.


Mr JOSEPH COOK (PARRAMATTA, NEW SOUTH WALES) - No, civilly. He can proceed against them civilly, and hold their business up.


Mr Isaacs - He cannot hold their business up.


Mr JOSEPH COOK (PARRAMATTA, NEW SOUTH WALES) - The AttorneyGeneral must know that, leaving this process out of the question altogether, he can still ring in the dumping clauses, in which are repeated the very words which he proposes to introduce here, and the business of a combination will be held up while the matter is being investigated.


Mr Isaacs - The other clauses can be dealt with when we come to them.


Mr JOSEPH COOK (PARRAMATTA, NEW SOUTH WALES) - Yes. I am, only pointing out now that the honorable and learned member has two strings to his bow, and that while ostensibly he is giving some concession to the traders of the community, still he has these other powers, by the exercise of which he could drop down upon them instantly. Really,

Australian Industries[6 July, 1906.] Preservation Bill. 1137 all that he is doing here is to make it possible for him to also deal with a man in a criminal way. That punishment is to be meted out to individuals in connexion with the whole of these operations is a small circumstance as compared with the restraints on these nefarious businesses. It is conceivable that they might apply to two different classes of cases. It is possible, I should say very probable, that unless an alteration be made in the dumping clauses they would be made to apply to the same class of cases. No matter how wrong the importation might be, still it would be an importation which operated in an unfair competitive way to the dislocation of our industries, and all the rest of it.


Mr Isaacs - Has the honorable member seen the amendments which have been circulated, and which would prevent a business from being held up?


Mr JOSEPH COOK (PARRAMATTA, NEW SOUTH WALES) - No. In the circumstances, I am willing to let the clause go.

Mr. DUGALDTHOMSON (North

Sydney) [3.17]. - I have no objectionto this provision, if it is to operate after the judgment of the Court has beengiven.


Mr Isaacs - That is all. Of course, the honorable member understands that there are proceedings to get a judgment, but the business cannot be touched until it has been given.







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