they may be actually engaged in selecting the third member of the Board. (b) To each member an allowance at the rate of twenty dollars for each day's sitting of the Board. 39. Each member of the Board shall be entitled to his actual and necessary travelling expenses and an allowance of ten dollars per day for each day that he is engaged in travelling from or to his place of residence for the purpose of attending or after having attended a meeting of the Board. 40. No member of the Board shall accept, in addition to his travelling expenses and allowances as a member of the Board, any perquisite, gift, fee or gratuity of any kind from any person in any way interested in any matter or thing that is being investigated by the Board. The acceptance of any such perquisite, gift, fee or gratuity by any member of the Board shall be an offence, and shall render such member liable upon summary conviction to a fine not exceeding one thousand dollars, and he shall thereafter be disqualified to act as a member of any Board. 41. All expenses of the Board, including expenses for transportation incurred by the members thereof or by persons under its order in making investigations under this Act, salaries of employees and agents, and fees and travelling expenses of witnesses, shall be allowed and paid upon the presentation of itemized vouchers therefor, approved and certified by the chairman of the Board, which vouchers shall be forwarded by the chairman to the Registrar. The chairman shall also forward to the Registrar a certified and detailed statement of the sittings of the Board, and of the members present at each of such sittings. MISCELLANEOUS. 42. No proceedings under this Act shall be deemed invalid by reason of any defect of form or any technical irregularity. 43. Evidence of a report of a Board may be given in any court by the production of a copy of The Canada Gazette purporting to contain a copy of such report, or by the production of a copy of the report purporting to be certified by the Registrar to be a true copy. 44. The Minister shall determine the allowance or amounts to be paid to all persons, other than the members of a Board employed by the Government or any Board, including the secretaries, clerks, experts, stenographers or other persons performing any services under the provisions of this Act. 45. The Governor in Council may make such regulations, not inconsistent with this Act, as to him seem necessary for carrying out the provisions of this Act and for the efficient administration thereof. (2.) Such regulations shall be published in The Canada Gazette, and upon being so published they shall have the same force as if they formed part of this Act. (3.) The regulations shall be laid before both Houses of Parlia ment within fifteen days after such publication if Parliament is then sitting, and if Parliament is not then sitting then within fifteen days after the opening of the next session thereof. 46. The Minister shall lay before Parliament, within the first fif teen days of the then next session, an annual report of the proceed ings under this Act. 47. Subsection 1 of section 12 of The Customs Tariff, 1907, is repealed. 48. This Act shall not be construed to repeal, amend or in any way affect The Trade Unions Act, chapter 125 of the Revised Statutes, 1906. IN THE MATTER of an alleged combine [here state shortly the nature of the combine]. To the Honourable [here insert the name of the judge], a Judge [or, Chief Justice as the case may be] of the [here insert the title of the court]. The undersigned are of opinion that a combine exists [here state shortly the nature of the alleged combine] and that prices have been enhanced [or, competition has been restricted by such combine, as the case may be] to the detriment of consumers [or, producers, as the case may be]. The undersigned therefore apply for an order under "The Combines Investigation Act" directing an investigation into such alleged combine. [Here state (a) the nature of the alleged combine and the persons believed to be concerned therein; and, (b) the manner in which the alleged combine affects prices or restricts competition, and the extent to which the alleged combine is believed to operate to the detriment of consumers or producers, as the case may be.] STATEMENT ACCOMPANYING APPLICATION FOR ORDER. Dated at this of day of 19-. The undersigned hereby authorize [give name and place of residence] to act as our representative for the purposes of “The Combines Investigation Act," and to receive communications and conduct negotiations on our behalf. The names and addresses of the persons applying for the aforesaid order are as follows: 1. That the alleged combine operates to my detriment as a consumer [or, producer, as the case may be]. 2. That to the best of my knowledge and belief the combine alleged in the foregoing statement exists and that such combine is injurious to trade [or, has operated to the detriment of consumers, or, producers, as the case may be] in the manner and to the extent described. 1 A declaration as above must be made by each applicant. 3. That it is in the public interest that an investigation should be had into such combine. And I make this solemn declaration conscientiously believing it to be true. and knowing that it is of the same force and effect as if made under oath, and by virtue of The Canada Evidence Act. Declared before me at ---- in the county of 19__. this day of --- [FORM 2.] day of ORDER DIRECTING INVESTIGATION. "The Combines Investigating Act." ---- (Section 7.) IN THE MATTER of the application of [here insert the names of applicants] dated the 19_-, for an order directing an investigation under "The Combines Investigation Act" into an alleged combine [here state shortly the nature of the combine]. I, the Honourable a Judge [or, Chief Justice, as the case may be】 of [here insert the name of court], after having read the application of [names of applicants], dated the --- day of 19, the statement and statutory declarations accompanying the same and the evidence produced by the said applicants, am satisfied that there is reasonable ground for believing that a combine exists [here describe nature of combine], which is injurious to trade [or, which has operated to the detriment of consumers, or, producers, as the case may be], and that it is in the public interest that an investigation should be held, and I do therefore direct that an investigation be held, under the provisions of the said Act, into the following matters, that is to say: [Here set out the matters to be investigated.] The names of the persons alleged to be concerned in the alleged combine are [here insert names and addresses] and I am of opinion that the Minister of Labour should communicate with [here insert the name or names with, in each case, the address] in order to obtain the recommendation for the appointment of a person as a member of the Board of Investigation on behalf of those concerned in the said alleged combine. Dated at this. day of 19__. EXHIBIT B.-AUSTRALIAN INDUSTRIES PRESERVATION ACT, 1906-1910. [As amended by the acts of 1907, 1909, and 1910.] (AN ACT FOR THE PRESERVATION OF AUSTRALIAN INDUSTRIES, AND FOR THE REPRESSION OF DESTRUCTIVE MONOPOLIES.) [Assented to 24th September, 1906.] Be it enacted by the King's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Austra lia, as follows: PART I.-PRELIMINARY. 1. This Act may be cited as the Australian Industries Preservation Act, 1906-1910. 2. This Act is divided into parts as follows: Part I, Preliminary: Part II, Repression of Monopolies: Part III, Prevention of Dumping. 3. In this Act, unless the contrary intention 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 determina tions 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; or (b) an agreement; or (c) the creation of a board of management or its equivalent; or (d) some similar means; and includes any division, part, constituent person, or agent of a Commercial Trust. "Inadequate remuneration for labour" includes inadequate pay or excessive hours or any terms or conditions of labour or employment unduly disadvantageous to workers; "Person" includes corporation and firm and a Commercial Trust. "The Comptroller-General" means the Comptroller-General of Customs. "Answer questions" means that the person on whom the obligation of answering questions is cast shall to the best of his knowledge, information and belief truly answer all questions on the subject mentioned that the Comptroller-General or the person named by him shall ask. "Produce documents" means that the person on whom the obligation to produce documents is cast shall to the best of his power produce to the Comptroller-General or to the person named by him all documents relating to the subject-matter mentioned. PART II.-REPRESSION OF MONOPOLIES. 4.-(1) Any person who, either as principal or as agent, makes or enters into any contract, or is or continues to be a member of or engages in any combination, in relation to trade or commerce with other countries or among the States-(a) in restraint of or with intent to restrain trade or commerce; or (b) to the destruction or injury of or with intent to destroy or injure by means of unfair competition, any Australian industry, the preservation of which is advantageous to the Commonwealth, having due regard to the interests of producers, workers, and consumers, is guilty of an offence. Penalty: Five hundred pounds, or, in the case of a continuing offence, Five hundred pounds for each day during which the offence. continues. (2) Every contract made or entered into in contravention of this section shall be absolutely illegal and void. (3) It shall be a defence to a proceeding for an offence under paragraph (a) of subsection (1) of this section, and an answer to an allegation that a contract was made or entered into in restraint of, or with intent to restrain, trade or commerce, if the party alleged to have contravened this section proves-(a) that the matter or thing alleged to have been done in restraint of, or with intent to restrain, trade or commerce, was not to the detriment of the public, and (b) that the restraint of trade or commerce effected or intended was not unreasonable.1 6. (1) For the purpose of section four and section ten of this Act, unfair competition means competition which is unfair in the 1 Section 5 of this Act was repealed by section 3 of the Australian Industries Preservation Act (No. 26) of 1909. circumstances; and in the following cases the competition shall be deemed to be unfair unless the contrary is proved : (a) if the defendant is a Commercial Trust; (b) if the competition would probably or does in fact result in an inadequate remuneration for labour in the Australian industry; (c) if the competition would probably or does in fact result in creating substantial disorganisation in Australian industry or throwing workers out of employment; (d) if the defendant, with respect to any goods or services which are the subject of the competition, gives, offers, or promises to any person any rebate, refund, discount, or reward upon condition that that person deals, or in consideration of that person having dealt, with the defendant to the exclusion of other persons dealing in similar goods or services. (2) In determining whether the competition is unfair, regard shall be had to the management, the processes, the plant, and the machinery employed or adopted in the Australian industry affected by the competition being reasonably efficient, effective, and up-to-date. 7.-(1) Any person who monopolises or attempts to monopolise, or combines or conspires with any other person to monopolise, any part of the trade or commerce with other countries or among the States, is guilty of an indictable offence. Penalty: Five hundred pounds for each day during which the offence continues, or one year's imprisonment, or both; or, in the case of a corporation, One thousand pounds for each day during which the offence continues. (2) Every contract made or entered into in contravention of this section shall be absolutely illegal and void. (3) The Attorney-General may elect, instead of proceeding by indictment for an offence against this section, to institute proceedings in the High Court by way of civil action for the recovery of the pecuniary penalties for the offence; in which case the action shall be tried before a Justice of that Court without a jury. 7A. (1) Any person who, in relation to trade or commerce with other countries or among the States, either as principal or agent, in respect of dealings in any goods or services gives offers or promises to any other person any rebate, refund, discount, concession, or reward, for the reason, or upon the condition, express or implied, that the latter person-(a) deals, or has dealt, or will deal, or intends to deal exclusively with any person, either in relation to any particular goods or services or generally; or (b) deals, or has dealt, or will deal, or intends to deal, exclusively with members of a Commercial Trust. either in relation to any particular goods or services or generally: or (c) does not deal, or has not dealt, or will not deal, or does not intend to deal, with certain persons, either in relation to any particular goods or services or generally; or (d) is or becomes a member of a Commercial Trust, is guilty of an offence. Penalty: Five hundred pounds. (2) Every contract made or entered into in contravention of this section shall be absolutely illegal and void. (3) It shall be a defense to a prosecution under this section, and an answer to an allegation that a contract was made or entered into in contravention of this section, if the party alleged to have contravened this section proves that the matter or thing alleged to have |