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Tuesday, 7 December 1965

Mr SNEDDEN (Bruce) (AttorneyGeneral) .- I move-

After sub-clause (5.) insert the following subclause - " (5a.) Where proceedings have been instituted under this section, the Commissioner shall cause notice of the proceedings, together with a copy of the document referred to in the last preceding sub-section, to be served, as prescribed, on every other party to the proceedings.".

The purpose of this amendment is to make sure that the Commissioner gives due notice to the parties who will appear before the Tribunal. The reason for the words as prescribed is that there could be a grievance in which there are a great number of parties and in which there may be representation of a group of parties by an individual person or an individual association. I am sure that the Committee will find this amendment acceptable.

Amendment agreed to.

Clause, as amended, agreed to.

Clause 48. (1.) The Commissioner shall not institute proceedings under the last preceding section unless he has first carried on, or endeavoured to carry on, either personally or through members of his si arl with adequate knowledge of, or experience in, industry or commerce, consultations with the persons who would be the other parties to the proceedings, or with representatives of those persons, with a view to securing such undertaking or action by those persons, for or by way of determination, cessation or variation of the agreement or practice concerned or otherwise, as will render the proposed proceedings unnecessary. (2.) In connexion with consultations under the last preceding sub-section, the Commissioner may agree to apply to the Tribunal for leave to file a certificate under section 59 of this Act in respect of any restriction or practice or proposed restriction or practice.

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