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Friday, 13 July 1906

Mr ISAACS (Indi) (Attorney-General) . - If this new sub-clause is not inserted, a witness can refuse to answer, on the ground that to do so will incriminate him.. The sub-clause is intended to compel him to answer. It opens his mouth ; it doesnot close it. If we assume that he has wilfully given false evidence, he may refuse to answer any questions about it, because to do so may tend to incriminate him. This sub-clause is to leave it open for the Justice to say, " You must answer, although yon cannot, on your own admission, be proceeded against, unless you commit perjury."

Mr Kelly - Would it be possible to institute proceedings forperjury under clause 21?

Mr ISAACS - We will consider that on the recommittal stage.

Amendment agreed to.

Amendment (by Sir William Lyne) proposed

That the following new sub-clause be added : - " 7. The Justice shall forward his determination to the Minister."

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