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Friday, 13 July 1906


Mr CONROY (Werriwa) .- I appeal to the Attorney-General to accept the following amendment of the amendment, as a proviso to the clause -

Provided that in any case where the proclamation prohibits the importation of the goods absolutely, an appeal shall lie to the High Court.


Mr Isaacs - The honorable and learned member is proposing to reverse what has been done in clause 17.


Mr CONROY - No. Under my provision the appeal to the High Court would be permissible only in extreme cases.


Mr Isaacs - Wait until we recommit sub-clause 2 of clause 17. The honorable and learned member will then be able to take action.


Mr CONROY - Do the Government propose to move for the recommittal of that clause ?


Mr Isaacs - We promised the honorable member for North Sydney that we should move the recommittal of sub-clause 2 of clause 17, for the purpose of enabling the Committee to deal with the proposal that either party should be permitted to ask the Justice to state a case on a question of law.


Mr CONROY - I think that my amendment might well be inserted where proposed by me.


Mr Isaacs - We will recommit subclause 2 of clause 17, to enable the honorable and learned member to move the amendment proposed by him.

Amendment, as amended, agreed to.

Clause, as amended, agreed to.

Clause 19 -

In all cases of prohibition, the report of the Board shall be laid before both Houses of the Parliamentwithin seven days after the proclamation or, if the Parliament is not then sitting, after the next meeting of Parliament.

Amendments (by Sir William Lyne) agreed to -

That the words " report of the Board," lines 1 and 2, be left out with a view to insert in lieu thereof the words "determination of the Justice and any proclamation affecting the same."

That the word " proclamation," line 4, be left out, with a view to insert in lieu thereof the words "publication in the Gazette."

Clause, as amended, agreed to.

Amendments (by Sir William Lyne) agreed to -

That the following new clauses be inserted : - "11a. The jury panel for the trial of any offence against this Part of this Act, or for the trial of any action or issue under this Part of this Act, shall be taken from the list of special jurors (if any) in the State or part of the Commonwealth in which the trial takes place." "11aa. (1) Any offence against this Part of this Act (not being an indictable offence), shall be tried before a Justice of the High Court without a jury." " (2) Any offence against this Part of this

Act committed by a person who has previously been convicted of any offence against this Part of this Act shall be an indictable offence, punishable on conviction by a penalty not exceeding Five hundred pounds, or imprisonment for any term not exceeding one year, or both; in the case of a corporation, by a penalty not exceeding One thousand pounds." " 11b. The penalty of imprisonment shall not be inflicted upon any person upon his first conviction for an offenceunder this Part of this Act." "11c (1) No criminal proceeding shall be instituted under this Part except by the AttorneyGeneral or some person authorized by him." " (2) No civil proceeding shall be instituted under this Part without the written consent of the Attorney-General." "18a. The Governor-General may at any time, by proclamation, simultaneously with or subsequently to any prohibition under this Part of this Act, rescind in whole or in part, the prohibition in any condition or restriction in importation imposed thereby." " 20. The Justices of the High Court, or a majority of them, may make Rules of Court, not inconsistent with this Act, for regulating the proceedings before a Justice under this Part of this Act, and for carrying this Part of this Act into effect." "21. Any person who wilfully -

(a)   makes to the Comptroller-General or to any officer of Customs any false statement in relation to any action or proceeding taken or proposed to be taken under this Part of this Act ; or

(b)   misleads the Comptroller-General in any particular likely to affect the discharge of his duty under this Act shall be guilty of an indictable offence.

Penalty : One hundred pounds."

Amendment (by Sir William Lyne) proposed -

That after paragraph b, clause 21, the following new sub-clause be inserted -

(2)   Any person convicted under the last pre ceding sub-section may be ordered by the Justice to whom a question is referred under this Part of this Act to pay the whole or part of the costs incurred by the importer in whose favour the question is determined.







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