Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Friday, 3 November 1905

Senator KEATING (Tasmania) (Honorary Minister) . - That depends on whether the transaction between the parties is regarded as a matter of trade or commerce. In my opinion, though I am not speaking advisedly, the transaction will not be regarded as a matter of commerce, though it may or may not be regarded as a matter of trade. That is a question which will eventually have to be decided, in the case of a difference of opinion, by a judicial determination. We have taken the fullest powers under the Constitution, in so far as they, relate to trade and commerce, Inter-State and external, and the Bill is made applicable to all transactions of an agency character. If a party to any transaction thinks that the Bill has no application thereto, and proceedings are taken, he may raise that point on his defence.

Senator Millen - This seems to be happy-go-lucky legislation.

Senator KEATING - We cannot do anything else under the circumstances.

Senator Walker - Surely such a transaction is a commercial matter?

Senator KEATING - That is a point to be decided.

Clause agreed to.

Clause 4 -

Any person who, without the full knowledge and consent of the principal, directly or indirectly . . gives or agrees to give or offers to an agent of the principal . . . any gift or consideration . . . shall be guilty of an indictable offence.

Penalty : In the case of a corporation, Five hundred pounds; in the case of any other person, two years' imprisonment, or Five hundred pounds, or both.

Suggest corrections