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Friday, 25 September 1942

Dr EVATT ("Barton) (AttorneyGeneral) . - A director or an employee of a company will be liable only if he is actively concerned in the conduct of the business, and even then his defence will succeed if he proves, first, that he had no knowledge, and. secondly that he exercised reasonable care to guard against the occurrence of the alleged offence.

Mr Fadden - That is the ordinary responsibility of such a person.

Dr EVATT - That is true. The broader answer to the honorable member's question is that the bill will be enforced only under the safeguards that I have mentioned, and will be applied only in bacl cases. It will not always be sufficient to penalize the company. A duty devolve.* upon each officer to avoid the commission of this kind of offence.

Mr Jolly - The Attorney-General's answer means an innocent person will not be called upon to prove his innocence.

Dr EVATT - Only where the circumstances are peculiarly within his own knowledge.

Mr Fadden - But there is a "saving" clause, in the bill.

Clause agreed to.

Clauses 6 and 7 agreed to.

Clause S-

Any person who does any act or tiling preparatory to the doing of any act or thing thi: doing of which would constitute the offence of black marketing shall be guilty of the offence of black marketing.

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