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Thursday, 15 August 1974
Page: 1014


The PRESIDENT -Is leave granted? There being no objection, leave is granted.


Senator GREENWOOD -The Opposition will not oppose this motion. As a result of what occurred in the Committee stage we appreciate that a clause which the Government regards as very important and which, quite objectively, we see as an important clause to the legislation, was deleted. Our view in voting for the deletion of the clause was that the Government would seek to bring in a new clause in some form which would seek to overcome the problems and difficulties which we experienced in the Committee stage. Obviously this is what the Government is proposing. We await the explanation of what is to be put forward and therefore we will not oppose this motion.

Question resolved in the affirmative.

In Committee

Reconsideration of clauses 76 and 77 and proposed new clause 156a.

Clause 76.

A person who-

(a)   contravenes a provision of Part IV;

(   b) attempts to contravene such a provision;

(c)   aids, abets, counsels or procures a person to contravene such a provision;

(d)   induces, or attempts to induce, a person, whether by threats or promises or otherwise, to contravene such a provision;

(e)   is in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of such a provision; or

(   f ) conspires with others to contravene such a provision, is, if the Court so orders, liable to pay to Australia such pecuniary penalty (not exceeding $50,000 in the case of a person not being a body corporate, or $250,000 in the case of a body corporate, in respect of each act or omission by the person to which this section applies) as the Court determines to be appropriate having regard to all relevant matters including the nature and extent of the act or omission and of any loss or damage suffered as a result of the act or omission, the circumstances in which the act or omission took place and whether the person has previously been found by the Superior Court of Australia or the Australian Industrial

Court in proceedings under this Part to have engaged in any similar conduct.

Clause 77.

77.   ( 1 ) The Attorney-General or the Commission may institute a proceeding in the Court by way of civil action for the recovery on behalf of Australia of a pecuniary penalty referred to in section 76.

(   2 ) An action under sub-section ( 1 ) may be commenced at any time after the contravention.







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