Page 3393 - Week 13 - Tuesday, 24 November 1992
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(b) by any other person at the direction or with the consent or agreement (whether express or implied) of a director, servant or agent of a person or the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the director, servant or agent;
shall be deemed, for the purposes of this Act, to have been engaged in also by the body corporate.".
In clause 48, subclauses (1) and (2) adequately deal with all matters addressed by subclauses (3) and (4), except for the situation set out in my amendment. Simply put, my amendment makes subclauses (3) and (4) unnecessary.
MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services) (10.11): The same argument applies to this amendment. This is a complex clause relating to conduct by companies or their servants. The Commonwealth Act and all the State Acts separate conduct by companies and conduct by servants. Mr Stevenson seeks to roll them into one. It is better to stick to the established language.
Amendment negatived.
Clause agreed to.
Clause 49 agreed to.
Clause 50
MR STEVENSON (10.12), by leave: I move:
Page 33, line 20, subclause (1), omit the subclause.
Page 33, line 33, subclause (2), after "may" insert the words "of its own volition on behalf of or".
I ask the Assembly, and particularly the Attorney-General, to explain two subclauses to me. Subclause 50(1) states:
Without limiting the generality of section 44, where, in proceedings instituted under, or for an offence against, this Part, the Court finds that a person who is a party to the proceedings has suffered, or is likely to suffer, loss or damage by conduct of another person that was engaged in (whether before or after the commencement of this subsection) in contravention of a provision of Part II, the Court may, whether or not it grants an injunction under section 44 or makes an order under section 45 or 46, make such orders as it thinks appropriate against the person who engaged in the conduct or a person who was involved in the contravention (including all or any of the orders mentioned in subsection (7)) if the Court considers that the order or orders concerned will compensate the aggrieved person in whole or in part for the loss or damage or will prevent or reduce the loss or damage.
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