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Wednesday, 4 July 1906
Page: 1032

Mr DUGALD THOMSON (NORTH SYDNEY, NEW SOUTH WALES) . - I wish to draw attention to a point which I raised upon the motion for the second reading of the Bill. It has reference to the effect of the words " enters into any contract, or engages in any combination, to do any act or thing." How far do the words "enters into any contract" extend? For instance, would a bill of lading be considered a contract under this provision?

Mr Isaacs - No.

Mr DUGALD THOMSON (NORTH SYDNEY, NEW SOUTH WALES) - The freight, for instance, might be considered high.

Mr Isaacs - I cannot conceive of any circumstances under which a bill of lading could be considered a contract with intent to restrain trade.

Mr DUGALD THOMSON (NORTH SYDNEY, NEW SOUTH WALES) - I do not think that it should be so considered: I quite agree that the Bill would interfere with a shipping combination, which might be restraining trade to the detriment of the public. But a particular contract such as a bill of lading - although it might be considered a restraint of trade - should not be interfered with. I merely desire to know whether it would be so interfered with or not?

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