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Tuesday, 21 August 1906


Senator PLAYFORD (South AustraliaMinister of Defence) .- What we wish to secure is a title that will express as briefly and as fairly as possible the purpose of the measure. Although I do not pretend) to say that the present title - which I only wish could be made shorter - is the best that could be found, it certainly is the best that I have heard of up to the present to express the real object and meaning of the Bill. Suppose we used the words "anti-trust," we should have to put in .some other words such as "anti-dumping," and even then the whole object of the Bill would not be expressed. The measure does not exclusively deal with trusts but with individuals and with combinations of all sorts which are not trusts. The word " trusts " would not cover a great many of the matters dealt with. If we were only dealing with trusts, I could understand the suggestion, but we are dealing with monopolies which are not necessarily brought about by means of trusts - with monopolies created by 'means of combinations of various sorts, and, in addition, with monopolies which are created by individuals.


Senator Croft - In the interpretation clause there appears - " Commercial Trust " includes a combination, whether wholly or partly within or beyond Australia, of separate and independent persons (corporate or unincorporate) whose voting power or determinations are controlled or controllable by-

(a)   the creation of a trust as understood in equity, or of a corporation, wherein the trustees or corporation hold the interests, shares, or stock of the constituent persons.....


Senator PLAYFORD - That is simply a definition of "Commercial Trust," whereas the Bill deals also with individuals. Clause 7 speaks of -

Any person who monopolizes or attempts to monopolize, or combines or conspires with any other person to monopolize any part of the trade or commerce.....

Under the circumstances the word " antitrust" would not be truthful.


Senator Croft - But according to the interpretation clause " person " includes corporation and firm, and also a commercial trust.


Senator PLAYFORD - Yes, " includes " ; but if we used the word " antitrust," it would imply that we were dealing only with trusts. Whatever title we have, let it be truthful. If any honorable senator can suggest a better and more complete title, I shall consider it, but under the present circumstances I must oppose the amendment.







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