Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
 Download Full Day's HansardDownload Full Day's Hansard    View Or Save XMLView/Save XML

Previous Fragment    Next Fragment
Wednesday, 4 July 1906
Page: 1028

Mr KELLY (Wentworth) .- I take it that the object of the amendment which the Attorney-General has carried in paragraph a is to give the defendant a reasonable opportunity . to evade an unjust judgment.

Mr Isaacs - We do not wish to punish a man unless he has a guilty mind.

Mr KELLY - That, no doubt, is a better way of putting it. This amendment will have a contrary effect, because, in proceedings under paragraph b the defendant will be called upon to prove his innocence, and clause 6 provides that competition shall be deemed to be unfair until the contrary is proved.

Mr Isaacs - That has nothing to do with the intent.

Mr KELLY - The defendant, if the amendment is carried, will have to prove that he had no intent to compete unfairly.

Mr Isaacs - It will be much harder for him if the amendment is not made.

Mr KELLY - If the amendment is not made, the question will be one of fact ; but how can a defendant satisfy a Court as to what his intention was if he is to be deemed guilty until the contrary is proved ? Paragraphs a and b differ entirely, and I think that the Committee ought not to allow the proposed alteration in paragraph b.

Amendment agreed to.

Suggest corrections