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Thursday, 7 November 1935

Senator LECKIE (Victoria) .- I do not feel disposed to support the amendment. Judges and juries are not infallible, and it seems to me that a judge should have discretionary powers. If the amendment be carried, that discretionary power will be removed.

Senator Sir George Pearce - The proposed fine in the case of a corporation is the maximum.

Senator LECKIE - There is no provision for the imposition of a fine upon individuals, although I can imagine eases where a substantial fine would prove a sufficient deterrent. It should be left with the judge to determine whether a fine should be imposed or imprisonment ordered. I suggest that the honorable senator should withdraw his amendment, and leave the proposed new section in its present form. because, if adopted, an already drastic measure will be made even more severe. Under the bill a3 drafted a fine could be imposed; but it is now proposed that the only penalty applicable to an individual shall be imprisonment for two years. The honorable senator desires that the pecuniary penalty shall apply only to a corporate body. As this would make the law unnecessarily drastic, I suggest that the Minister should not accept the amendment. After all, the determination of the penalty will rest with the judge-

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