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
Tuesday, 17 July 1906

Mr KELLY (Wentworth) .- When clause 21 was under consideration, I raised the question whether a penalty of imprison ment should not be provided to meet the case of a man of straw being put forward by a manufacturer to give false information to the Department - a proceeding which might lead to the " holding up " of a trade, and to an evasion, on the manufacturer's part, of the mere money penalty imposed by this clause. The Minister said he would consider the paint, and I should like to know the conclusion at which he has arrived, and whether he is serious in the matter. The clause was allowed to pass on Friday on the Ministerial assurance that the point would be considered ; and I suggest that a division might be taken, without debate, on a proposed amendment, with the object of imposing the penalty of imprisonment in cases where there has been deliberate evasion of the Act.

Sir William Lyne - A penalty is already provided.

Mr KELLY - But there is no penalty against a man of straw, on whose recommendations the Minister may act under clause 15. If it be found that a complaint made is one that cannot be substantiated, the only penalty is a fine of £100 and the costs; and it is obvious that, as the Bill now stands, a man, who is absolutely without property, could not be touched. Indeed the Bill, in its present shape, offers a premium on actions such as I have indicated. On Friday I suggested that the penalty of imprisonment should also be provided, but, owing to the lateness of the hour, I did not press the point. This is a suggestion which I think the Minister might accept as one likely to strengthen the Bill.

Sir William Lyne - But there is a penalty of £100, and also the liability to pay costs.

Mr KELLY - It is impossible to get blood out of a stone ; and a man who has no property does not care whether or not damages or costs are awarded against him - he simply does not pay. I am sure that the Attorney-General must see the point ; and, at any rate, no ill result would follow the discussion of an amendment of the kind on recommittal.

Sir William Lyne - We cannot consent to recommit the clause.

Mr KELLY - Then I beg to move-

That the following words be added, " and clause 21, with the object of providing the penalty of imprisonment, as well as a money penalty."

Suggest corrections