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Tuesday, 7 December 1965


Mr KILLEN (Moreton) .- Mr. Chairman,I move -

Omit the clause.

I believe that this clause has now become absurd. The Committee has rejected a provision that the rules of evidence shall apply. It has also rejected a provision that evidence shall be taken only on oath or by way of affirmation. The Government suggests to the Committee that for the purpose of enforcement and matters relating to civil remedies a determination or order of the Trade Practices Tribunal out of which the proceedings arose be evidence of the facts stated in the determination or order to have been found by the Tribunal. I do not think that this clause is defensible and I am surprised that the Government has persisted in leaving it in the measure, at least in its present form.

Amendment negatived.

Clause agreed to.

Clauses 99 and 100 - by leave - taken together, and agreed to.

Clause 101. (I.) Prosecutions for offences against this Act shall be brought only in the Court. (2.) Jurisdiction is conferred on the Court to hear and determine prosecutions under this Act. (3.) The jurisdiction of the Court under this section may be exercised by a single Judge. (4.) Proceedings before the Court in accordance with this section -

(a)   may be instituted by summons upon information; and

(b)   shall not be instituted except with the consent in writing of the Attorney-General or a person authorized by the Attorney-

General, by writing under his hand, to give such consents.







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