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 offense.

Penalty, £500, or, in the case of a continuing offense, £500 for each day during which the offense continues.

(2) Every contract made or entered into in cóntravention of this section shall be absolutely illegal and void.

(3) It shall be a defense to a proceeding for an offense 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.

(Section 5 repealed.)

6. (1) For the purposes of section 4 and section 10 of this act, unfair competition means competition which is unfair in the 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 labor in the Australian industry.

(c) If the competition would probably or does in fact result in an inadequate remuneration for labor in the 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 monopolizes or attempts to monopolize, or combines or conspires with any other person to monopolize, any part of the trade or commerce with other countries or among the states, is guilty of an indictable offense.

Penalty, £500 for each day during which the offense continues, or one year's imprisonment, or both; or, in the case of a corporation, £1,000 for each day during which the offense 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 offense against this section, to institute proceedings in the high court by way of civil action for the recovery of the pecuniary penalties for the offense; 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 offense.

Penalty, £500.

(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 been done in contravention of this section was not to the detriment of the public, and did not constitute competition which was unfair in the circumstances, and was not destructive of or injurious to any Australian industry.

7B. Any person who, in relation to trade and commerce with any other countries or among the states, either as principal or agent, refuses either absolutely or except upon disadvantageous conditions to sell or supply to any other person any goods or services for the reason that the latter person (a) deals, or has dealt, or will deal, or intends to deal with any person; or (b) deals, or has dealt, or will deal, or intends to deal with persons who are not members of a commercial trust; or (c) is not a member of a commercial trust; is guilty of an offense.

Penalty, £500.

11. (1) Any person who is injured in his person or property by any other person, by reason of any act or thing done by that other person in contravention of this part of this

act, or by reason of any act or thing done in contravention of any injunction granted under this part of this act, may, in the high court, before a justice, without a jury, sue for and recover treble damages for the injury.

(2) No person shall, in any proceeding under this section, be excused from answering any question put either viva voce or by interrogatory, or from making any discovery of documents, on the ground that the answer or discovery may criminate or tend to criminate him; but his answer shall not be admissible in evidence against him in any criminal proceeding other than a prosecution for perjury.

17. Unfair competition has in all cases reference to competition with those Australian industries, the preservation of which, in the opinion of the comptroller general or a justice as the case may be, is advantageous to the Commonwealth, having due regard to the interests of producers, workers, and consumers.

22. (1) Upon the receipt of the determination of the justice the minister shall forthwith cause it to be published in the Gazette.

(2) If the justice determines that the imported goods are being imported with the intent alleged, and that their importation should be prohibited either absolutely or subject to any specified conditions or restrictions or limitations of any kind whatsoever (a) the determination when so published shall have the effect of a proclamation under the customs act, 1901, prohibiting the importation of the goods either absolutely or subject to those conditions or restrictions or limitations as the case may be; and in that case the provisions of that act shall apply to goods so prohibited; and (b) the justice may by order reduce the amount recoverable under any bond given in pursuance of this part of this

act to such sum as the importer satisfies him is reasonable and just in the circumstances.

23. The governor general may at any time, by proclamation simultaneously with or subsequently to any prohibition under this part of this act, rescind in whole or in part the prohibition or any condition or restriction or limitation on importation imposed thereby.

24. In all cases of prohibition the determination of the justice, and any proclamation affecting the same, shall be laid before both houses of the Parliament within seven days after the publication in the Gazette, or, if the Parliament is not then sitting, within seven days after the next meeting of Parliament.

3. NEW ZEALAND

The New Zealand Act for the repression of monopolies in trade or commerce of 1910 goes quite into detail as regards restraints of business. The following quotations illustrate fully its spirit:

2. (1) In this act, unless the contrary intention appears, "commercial trust," means any association or combination (whether incorporated or not) of any number of persons, established either before or after the commencement of this act, and either in New Zealand or elsewhere, and (a) having as its object, or as one of its objects, that of (1) controlling, determining, or influencing the supply or demand or price of any goods in New Zealand or any part thereof or elsewhere, or that of (2) creating or maintaining in New Zealand or any part thereof or elsewhere a monopoly, whether complete or partial, in the supply or demand of any goods; or (b) acting in New Zealand or elsewhere with any such object as aforesaid; and includes any firm or incorporated company having any such object, or acting as aforesaid. 3. Every person commits an offense who, either as principal