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Wednesday, 29 August 1906

Clause 9 -

Whoever aids, abets, counsels, or procures, or by act or omission is in any way, directly or indirectly, knowingly concerned in or privy to -

(a)   the commission of any offence against this part of this Act ; or

(b)   the doing of any act outside Australia which would, if done within Australia, be an offence against this part of this Act, shall be deemed to have committed the offence. Penalty : Five hundred pounds.

Senator Sir JOSIAHSYMON (South Australia) [5.54]. - Does the Minister think it desirable to introduce into the clause the words "or omission"? How can a man by omission aid or abet anything ; Or how can he by omission be knowingly concerned in or privy to anything?

Senator Givens - Suppose that an officer who was charged with the duty of seeing that the Act was administered omitted to do something?

Senator Sir JOSIAH SYMON - I feel quite certain, asI have said in regard to other clauses, that the retention of the words can only tend to make the measure more unworkable. The draftsman has put in words which in their association seem to me to be meaningless, and can only tend to embarrass this provision, with the object of which I entirely agree. I ask the Minister whether he thinks that the words are necessary, and, with a view to afford him an opportunity to give a clear explanation, I move -

That the words . " or omission," line 2, be left out.

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