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Tuesday, 7 December 1965


Mr WHITLAM (Werriwa) (12:42 PM) . - Part IX of this Bill, of which we are debating the first clause, clause 85, deals with collusive tendering and collusive bidding. Clause 85 imposes a penalty for an offence against that clause. There is no provision for continuing offences. Each offence has to be taken separately. Earlier in the Committee stage, I moved an amendment providing for continuing offences. The Victorian Parliament has recently had before it a Collusive Practices Bill dealing with the same subject matters as Part IX of this Bill. The Victorian Bill provides for penalties for offences. In addition it provides for power to enjoin convicted persons and to penalise them for breaches of the injunction. The relevant clause 8 of the Victorian Bill states -

(1)   If any person is convicted of an offence against this Act, any judge of the Supreme Court may, upon application by or on behalf of the Attorney-General, grant an injunction restraining the convicted person and his servants or agents from the repetition or continuance of the offence of which he has been convicted.

(2)   Any person who does any act or thing in disobedience of such injunction shall be guilty of an offence against this Act and liable to a penalty not exceeding $1,000 for each day during which the offence continues.

(3)   This section shall not bc deemed to derogate from the power of the Supreme Court, apart from this section, to enforce obedience to the junction.

There is no equivalent or comparable provision in Part IX of this Bill. I believe it would be instructive for those honorable members, mainly from Victoria, who raised the cries of a police state when I moved a provision for penalties for continuing offences, to harken to the provision for penalties for continuing offences in the Victorian Bill which is in pari materia with the Bill we are debating.


Mr Cope - Is there a Liberal Premier over there?


Mr WHITLAM - It is a really Liberal Government in Victoria. It does not have to depend on Country Party support.

Amendment negatived.

Clause, as previously amended, agreed to.

Clause 86.

*

(2.) A person who-

(a)   bids, or joins in the making of a bid, at an auction in accordance with a collusive agreement; or

(b)   in pursuance of a collusive bidding agree ment, abstains from attending an auction or from bidding, or making a further bid, at an auction, is guilty of an offence against this section. (3.) The last preceding sub-section does not apply to making, or joining in the making of, e joint bid at the request of, or with the prior consent of, the auctioneer. (5.) The penalty for an offence against this section is -

(a)   in the case of an offence committed by a corporation - a fine not exceeding Five thousand pounds; or

(b)   in any other case - a fine not exceeding

Two thousand pounds or imprisonment for a term not exceeding six months.







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