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Tuesday, 7 December 1965


Mr SNEDDEN (Bruce) (AttorneyGeneral) . - I move -

Omit sub-clause (1.) and insert the following sub-clauses: - " (1.) The Commissioner shall not institute proceedings under section 47 of this Act in respect of a practice unless -

(a)   the proceedings relate to a practice that the Commissioner alleges is being, or is proposed to be, engaged in; or

(b)   the Tribunal constituted by a presidential member has granted leave to institute the proceedings. "(1A.) Leave shall not be granted under the last preceding sub-section for the institution of proceedings in respect of a practice unless the Tribunal is satisfied that there are reasonable grounds for believing that the person or combination concerned is likely to engage again in the practice or to engage in a practice of a like kind, or that a combination in which that person, or a member of that first-mentioned combination, is or will be included is likely to engage in a practice of a like kind.".

This, in essence, is the same as the amendment with respect to the last clause except that this deals with practices whereas the previous clause dealt with agreements. All that I said in relation to the earlier amendments remains true of this amendment. It will be seen from proposed clause 56 (1.) that leave shall not be granted unless the Tribunal is satisfied that there are reasonable grounds for believing that the practice is likely to be engaged in at sometime in the future.







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