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Tuesday, 17 July 1906

In Committee(Second Recommittal) :

Clause 3 amended to read as follows, and agreed to: -

In this Act, unless the contrary intention appears - " Inadequate remuneration for labour " includes inadequate pay or excessive hours or any terms or conditions of labour or employment unduly disadvantageous to workers . . .

Clause 6 amended to read as follows, and agreed to: -

1.   For the purposes of the last two preceding sections ... in the following cases the competition shall be deemed to be unfair unless the contrary is proved : -

(b)   if the competition would probably or does in fact result in an inadequate remuneration for labour in the Australian industry.....

Clause 10 amended to read as follows, and agreed to: -

1.   The Attorney-General . . . may institute proceedings in the High Court to restrain . . the carrying out of any contract . . or any combination which -

(b)   is destructive or injurious by means of unfair competition to any Australian industry . . .

2.   On the conviction of any person for an offence under this part of this Act the Justice ...

Clause 11 amended to read as follows, and agreed to : -

1.   Any person who is injured . . may, in the High Court before a Justice without a jury, sue for and recover treble damages for the injury . . .

Clause11b negatived.

Clause 14 consequentially amended, and agreed to.

Clause 17 amended to read as follows : -

2.   For the purpose of the proceeding the

Justice shall sit in open Court, and shallhave all the powers of a Justice in the exercise of the ordinary jurisdiction of the High Court. He may, if he thinks fit, and shall on the application of either party state a case for the opinion of the Full Court upon any question of law arising in the proceeding.

Amendment (by Sir William Lyne) proposed -

That the following words be added to subclause 2 : " and he may, if he thinks fit, at any stage of the proceeding refer the investigation and determination of the matter to the Full Court which shall in that case have all the powers and functions of a Justice under this Part of this Act."

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