Criminal Code (Prohibition of Secret Commissions) and Further Amendment Act of 1931 (22 Geo v No. 40) (Qld)

13714 CRI1IINAL LAW. CriminalCode, Etc., Amendment Act. 22 GEO. V. No. 40, CRIMINAL LAW. 22 GEO. V. No. 40. THE CRIMINAL CODE (PRO- HIBITION OF SECRET COMMIS- SIONS) AND FURTHER AMENDMENT ACT OF 1931. An Act to Amend "The CriminalCode" by making provision for the Prohibition of Secret Commissions and for the Prevention of Fraud; and to Amend "The CriminalCode" in further. particulars. [ASSENTED TO 24TH DECEMBER, 1931.] B E it enacted by the King's Most Excellent Majesty, by and wi.th the advice and consent of the Legis- lative Assembly of Queenslandin Parliament assembled, and by the authority of the same, as follows:- Short title 1. This Act may be cited as "The Criminal :!struction Code (Prohibition of Secret Commissions) and Further of Act. Amendment Act of 1931," and shall be read as one with *" The Criminal Code." 2. After section four hundred and forty-two of *"The CriminalCode," the following words and section are inserted therein, namely :- Definitiona. Agent. "CHAPTER XLII.A. SECRET COMMISSIONS. [442A.] (1.) In ~ his Chapter- The term" agent" includes any corporation, firm, or person acting or having been acting, or desirous 9r intending to act, for or on behalf of any corporation, firm, or person, whether as a.gent, partner, co-owner, clerk, servant, employee, banker, broker, auctioneer, archi- tect, clerk of works, charterer, master mari- ner, purser, or any member of the crew of a vessel, engineer, barrister, solicitor, legal practitioner, conveyancer, surveyor, buyer, salesman, foreman, trustee, official assignee, executor, administrator, liquidator, trustee in .bankruptcy or of a deed of assignment, receiver, director, manager, or other officer or member of the committee or governing body of any corporation, club, partnership, or association, or in any other capacity, * 63 Vic. No. 9, Schedule 1., 8upra, page 344.

CRIMINAL LAW. 13715 1931. Oriminal Oode, Etc., Amendment Act. either alone or jointly with any other corpo- ration, firm, or person, and whether in his own name or in the name of his principal or' otherwise: the term also includes a Minister of the Crown, and a person serving under the Crown or a Minister of the Crown, or corporation representing the Crown, and a person serving under any local authority, harbour board, water authority, or any other local or public body constituted by or under any Act; The term " contract" includes contract of sale or Contract. of employment, or any other contract what- ever including an order for any commodity; The term "court" means the Supreme Court Court•. or a judge thereof, or police magistrate or justices having jurisdiction with respect to an offence against this Chapter; The term "local authority" means a local Local authority constituted under *" The Local Authority. Authorities Acts, 1902 to 1929": the term also includes the Brisbane City Council constituted under t" IPhe Oity of Brisbane Acts, 1924 to 1930." The term "principal" includes a corporation, Principal. firm, or other person for or on behalf of whom the agent acts, has acted, or is desirous or jnteriding to act: the term also includes the Crown, a Minister of the Crown, or corporation representing the Crown, or any local authority, harbour board, water authority, or any other local or public body constituted by or under any Act for or on behalf of whom the agent acts, has acted, or is desirous or intending to act; The term "trustee" includes the public curator, Trustee. an executor, administrator, liquidator, official assignee, or trustee in bankruptcy, receiver, committee of the estate of an insane person, person having power to appoint a trustee, or person entitled to obtain probate of the will or-letters of administration to the estate of a deceased person, or any other person occupying a fiduciary position; * 2 Edw. VII. No. 19 and amending Acts, supra, pages 1860 et seq. t 15 Geo.V.No. 32 and 21 Geo.V.No. 45, 8upra, pages 11140 and 13211.

13716 Valuable considera- tion. Advice given. In 'relation to his principal's affairs or business. Person having business relations with t,he principal, CRIMINAL LAW. CriminalCode, Etc., Amendm,ent Act. 22 GEO. V. No. 40, The term "valuable consideration" includes any real or personal property; also money, loan, office, place, employment, agreement to give employment, benefit, oradvantage whatsoever, and any commission or rebate, payment in excess of actual value of the goods or service, deduction or percentage, bonus or discount, or any forbearance to demand any moneys or moneys' worth or valuable thing; also some detriment, loss or responsibility given, suffered, or taken, or the refraining from carrying out or doing something which lawfully should be done; and the acceptance of any of the said things shall be deemed the receipt of a valuable consideration; The offer of any valuable consideration includes any offer of any agreement or pro- mise to give, and every holding out of any expectation of valuable consideration; The receipt of any valuable consideration includes any acceptance of any agreement, promise, or offer to give, or of any holding out of any expectation of valuable consideration; The expression "advice given" or words to the like effect includes every report, certificate, statement, and suggestion intended to in- fluence the person to whom the same is made or given, and every influence deliberately or expressly exercised by one person over another; The expression "in relation to his principal's affairs or business" implies the additional words "whether within the scope of his authority or course of his employment as agent or not"; The expression "person having business relations with the principal" includes the Crown, a Minister of the Crown, or corporation representing the Crown, or any local autho- rity, harbour board, water authority, or any other local or public body constituted by or under any Act; also every corporation, firm, or other person, whether as principal or agent, carrying on or having carried on or desirous or intending to carry on

ORIMINAL LAW. 13717 1931. CriminalCode, Etc., Amendment Act. any negotiation or business with any prin- cipal, or engaged or interested or having been engaged or interested in the performance of any contract with or in the execution of any work or business for or in the supply of any goods or chattels to any principal; and also includes any agent or employee of the Crown, a Minister of the Crown, or corporation representing the Crown, or of any local autho- rity, harbour board, water authority, or any other local or public body constituted by or under any Act, or of any such corporation, firm, or other person; The expressions "solicit any valuable considera- Solicit any tainodn" waonrdds" tvoaltuhaeblleI.kceonesfifdeecrta, tisohnalsl olbiecitceodn' " - te v io a o l nn u s, ~ ld b & e l cr e . a- strued with the following directions, namely- That every agent who diverts, obstructs, gives untruthful reports, or interferes with the proper course of business or manufac- ture, or impedes or obstructs, or fails to use due diligence in the prosecution of any negotiation or business with the intent to obtain the gift of any valuable consideration from any other person interested in the said negotiation or business, or with intent to injure any such person, shall be deemed to have solicited a valuable consideration from a person having business relations with the principal of such agent. (2.) Any act or thing prohibited by this Chapter is Pr?hiJ;>ition prohibited whether done directly or indirectly by the ~ ~; : dlrect person mentioned or by or through any other person." . 3. After section 442A of *" The Criminal Code" (previously inserted by section two of this Act) the following section is inserted therein, namely:- "[442B.] Any agent who corruptly receives or solicits Receipt or from any person for himself or for any other person any solicitation vaIuable conSl' dera t' lOn- c o o f msemcriesstion (a) As an inducement or reward for or otherwise by an agent. on account of doing or forbearing to do, or having done or forborne to do, any act in relation to his principal's affairs or business; or * 63 Vie. No. 9, Schedule I., supra, page 344.

13718 CRIl\IIXAL LAW. CriminalCode, Etc ... Amendment Act. 22 GEO. V. No. 40, (b) The receipt or any expectation of which would in any way tend to influence him to show, or to forbear to show, favour or disfavour to any person in relation to his principal's affairs or business; or Gift or offer Any person who corruptly gives or offers to any coof msemcrisestion agent any valuable consideration- to an agent. (a) As an inducement or reward for or otherwise on account of the agent doing or forbearing to do, or having done or forborne to do, any act in relation to his principal's affairs or business; or (b) The receipt or any expectation of which would in any way tend to influence the agent to show, or to forbear to show, favour or disfavour to any person in relation to his principal's affairs or business, is guilty of an offence." 4. After section 442B of *" The Oriminal Oode" (previously inserted by section three of this Act) the following section is inserted therein, namely:-- Secret gifts "[4420.J (1.) Any valuable consideration received or rpcehacireledivn,te,d \V b l 1fe, asogleincitt, eodr b b yy a h n I ' S y ppaarrtennetr,, hcluesrbka, nodr, wemiIfep, ooyrfeec, hilrdoomf aannyy p;rtner, &c., person having business relations with the principal of o agent. such agent, shall be deemed to have been received or solicited by the agent unless it be proved that the valuable consideration was so received or solicited without the consent, knowledge, or privity of the agent. Secret gifts to parent, wife, child, partner, &c., of agent. (2.) Any valuable consideration- (a) Given or offered to any parent, husband, wife,. or child of any agent, or to his partner, clerk, or employee, and so given or offered with the consent, knowledge, or privity of the agent; or (b) Given or offered, at the agent's request, to any person by any person having business relations with the principal of such agent, shall be deemed to have been given or offered to the agent." * 63 Vie. No. 9, SchedUle I., 8upra, page 344.

CRIMINAL LAW. 13719 1931. CriminalCode, Etc., Amendment Act. 5. After section 4420 of *" The Criminal Code" (previously inserted by section four of this Act) the following section is inserted therein, namely :- "[442D.] Any person who with intent to deceive or False or defraud the principal gives to any agent, or any agentmisl~ ading W h 0 receI·ves or uses or gI.ves t 0 the prl.nC.lpa1 any receI.pt 'arceccoeIupntto. r invoice, account, or document in respect of which or in relation to a dealing transaction or matter in which the principal is interested, and which- (a) Contains any statement which is false or erroneous or defective in any important par- ticular, or contains an overcharge or is in any way likely to mislead the principal; or (b) Omits to state explicitly and fully the fact of any commission, percentage, bonus, discount, rebate, repayment, gratuity, or deduction having been made, given, or allowed, or agreed to be made, given, or allowed, is guilty of an offence." 6. After section 442D of *" The Criminal Code" (previously inserted by section five of this Act) the following section is inserted therein, namely :- "[442E.] (1.) Whenever any advice is given by oneSecret person to another, and such advice is in any way intendedfcommdis.sion or likely t 0 i ' l d l uce or i · l f l t uence t he person a dV' lsed- goivraenV. lCe (a) To enter into a contract with any third person; or (b) To appoint or join with another in the appointment, or to vote for or to aid in obtaining the election or appointment, or to authorise or join with another in authorising the appointment of any third person· as trustee, dvector, manager, or official, and any valuable consideration is, without the assent of the person advised, given by such third person to the person giving the advice, the gift or receipt of the valuable consideration is an offence; but this subsection shall not apply when the person giving the advice was, to the knowledge of the person advised, the agent of .such third person, or when the valuable consideration was not given in respect of such advice. * 63 Vic. No. 9, Schedule I., 8·npra, page 344.

13720 CRIMINAL LAW. CriminalCode, Etc., Amendment Act. 22 GEO. V. No. 40, Offer or (2.) Any offer or solicitation of a valuable con- soof lsieccitraettion sideration in respect of any advice given, or to be given, commission by one person to another with a view to induce or ifnorraedtuvrince influence the person advised- given or to be given. (a) To enter into a contract with the person offering or solicited; or (b) To appoint or join with another in appointing, or to vote for or to aid in obtaining the election or appointment, or to authorise or join with another in authorising the appoint- ment of the person offering or solicited as trustee, director, manager, or official, and with the intent that the gift or receipt of such valuable consideration is not to be made known to the person advised, is an offence; but this subsection shall not apply when such first-mentioned person is the agent of the person offering or solicited." 7. After section 442E of *" The Criminal Code" (previously inserted by section six of this Act) the following section is inserted therein, namely:- Secret " [442F.] Any person who offers or gives any valuable ctoomtrmusistesieo i n n consideration to a trustee, or any trustee who receives return for or solicits any valuable consideration for himself or for ~ a . p u p bs o t i i n t t u . ted any other person, without the assent of the persons ment. beneficially entitled to the estate or of a judge of the Supreme Court, as an inducement or reward for appoint- ing or having appointed, or for joining or having joined with another in appointing, or for authorising or having authorised, or for joining or having joined with another in authorising, any person to be appointed in his stead or instead of him and any other person as trustee, is guilty of an offence." 8. After section 442F of *" The Criminal Code" (previously inserted by sectjon seven of this Act) the following section is inserted thereih, namely :-. Liability of "[442G.] Any director, manager, or officer of a com- dairt; cctort, & mc. , pa g ny ' or any offic~ r or . member of the crew of . any withou~ vessel, or any person actmg for another, who knowmgly authorIty. takes part in or is in any way privy to doing, or attempts to do, any act or thing without authority which, if authorised, would be in contravention of any of the provisions of this Chapter, is guilty of an offence." * 63 Vic. No. 9, Schedule T., Bupra, page 344.

CRIMINAL LAW. 13721 1931. CriminalCode, Etc., Amendment Act. 9. After section 442G of *" The Oriminal Oode" (previously inserted by section eight of this Act) the following section is inserted therein, namely:- ,,[442 H.] All proceedings in respect of offences against Offences. this Chapter shall, subject as hereinafter provided, be heard and determined in a summary way by complaint under t" The Justices Acts, 1886 to 1929 " : Provided always that- (a) If the police magistrate or justices before whom ~ rial by any person is brought, charged with any of the Jury. offences hereinbefore in, this Chapter defined, is or are of opinion that there ought to be a prosecution as for an indictable offence; or (b) If the person brought before such police magistrate or justices, charged with any of the offences hereinbefore in this Chapter defined, intimates to the police magistrate or justices that he desires to be tried by a Jury, the police magistrate or justices shall abstain from dealing with the case summarily and shall commit the defendant to take his trial for the indictable offence; and the offence with which the person is so charged shall be and be deemed to be an indictable offence accordingly." 10. After section 442H of *" The Oriminal Oode" (previously inserted by section nine of this Act) .the following section is inserted therein, namely : - "[4421.J Any person guilty (whether on indictmentPena~ ty: on or on summary conviction) of an offence against this COn'TlctIOn. Chapter is- (a) Liable, if a corporation, to a penalty of one thousand pounds, and if any other person to imprisonment for any period not exceeding one year, with or without hard labour, or to a penalty not exceeding five hundred pounds, or to imprisonment and penalty as afore- said; and (b) In addition, liable to be ordered to pay to such person and in such manner as the court directs the amount or value, according to * 63 Vic. No. 9, Schedule l., supra, page 344. t 50 Vic. No. 17 and amending Acts, supra, pages U32 et seq. X

13722 CRIMINAL LAW. Ur'imil1al Code, Etc., Amendl1'hcnt Act. 22 GEO. V. No. 40, the estimation of the court, of any valuable consideration received or given by him, or' any part thereof, and such order shall be enforceable in the same manner as an order' of the court." 11. After section 442r of *" The Criminal Code'" (previously inserted by section ten of this Act) the- following section is inserted, namely : - Court may "[442J.] If in any prosecution under this Chapter it : ' ~ ~ drawal appears to the court that the offence charged is, in the !:er.: of trif!.ing or particular case, of a trifling or merely technical nature, ICal or that in the particular circumstances it is inexpedient, to proceed to a conviction, the court may in its discre- tion, and for reasons stated on the application of the accused, dismiss the case; but the court may, if it thinks fit, make the order mentioned in the last preceding section." 12. After section 442J of *" The Criminal Code'" (previously inserted by section eleven of this Act) the following sections are inserted, namely :- W-itness "[442K.] (1.) A person who is called as a witness in agnivswin( g) !'s any proceeding under this Chapter shall not be excused orirninllting from answering any question relating to any offence hirns:.Jf. against this Chapter on the ground that the answer thereto may criminate or tend to criminate him. , (2.) An answer to a question in any such proceeding shall not, except in the said proceeding or in the case of any prosecution for perjury in respect of such answer, be in any proceeding, civil or criminal, admissible in evidence against the person so answering. ~rtificateto [442L.] (1.) A witness in any proceeding under this wItness. Chapter who, in the judgment of the court, answers truly all questions which he is required by the court to answer shall be entitled to receive a certificate from the court stating that such witness has so answered. Stay of. (2.) When a person has received a certificate as ~ ~ ~ ~ : : ~ ~ ~ ~ ~ ~ for~ said, and. any . cri~ inal proceeding is at any ti!lle witness. InstItuted agamst hIm m respect of the offence whICh was in question in the proceeding in which the said person was called as a witness, the court having * 63 Vic. No. 9, Schedule I., 8upra, page 344.

CRIMINAl.. LAW. 13723 1931. Cr,iminal Code, Etc., A.mendment A.ct. cognizance of the case shall, on proof of the certificate and of the identity of the offence in question in the two cases, stay the proceedings." 13. After section 442L of *" The Oriminal Oode" (previously inserted by section twelve of this Act) the following section is inserted, namely ;- "[442M.] (1.) In any prosecution under this Chapter ~ ustom of it does not amount to a defence to show that the ~ :; ~ f ~ o receiving, soliciting, giving, or offering of any valuable n ". consideration therein mentioned or referred to is customary in any trade, business, or calling. (2.) If in any prosecution under this Chapter it is Burden of prove~ .that any valuable consideration has been received ~ il~ o! ; : at or sohClted by an agent from or given or offered to an secret. . agent by any person having business relations with the commISSIon. principal, without the assent of the principal, the burden of proving that such valuabJe consideration was not l'eceived, solicited, given, or offered in contravention of any of the provisions of this Chapter shall be on the accused. (3.) No prosecution under this Chapter shall be Consent to commenced without the consent of a Crown Law prosecution, Officer." 14. The sections 442A to 442M inclusive, inserted in Chapter *" The Oriminal Oode" by sections two to thirteen XLI1.A of inclusive of this Act shall be and constitute CHAPTER ~;; !~ nal XLII.A-SECRET COMMISSIONS-of "The Oriminal Oode," Oode." and this Act shall be read and construed accordingly. Further Amendments of *" The Oriminal Oode." 15. Section four hundred and forty-five of "The Amendment Oriminal Oode" is amended by adding the following of s. 445. paragraph thereto, namely;- " Without in any wise limiting the meaning of the term" unlawfully uses," such term shall, for the purposes of this section, also mean and include the unlawful possession, by any person, of any horse, mare, gelding, ass, mule, camel, bull, cow, ox, ram, ewe, wether, goat, or pig, or the young of any such animal, without the consent of the owner or of the person in lawful possession thereof, and with intent to deprive the owner or person * 63 Vie, No. 9, Schedule 1., supra, page 344.

13724 CRIMINAL LAW. Criminal Code, Etc., Amendment Act. 22 GEO. V. No. 40, 1931. in lawful possession thereof of the use and/or possession of such horse, mare, gelding, ass, mule, camel, bull, cow, ox, ram, ewe, wether, goat, or pig, or the young of any such animal, either temporarily or permanently." New s. 448A. 16. A new section (448A) is inserted after section four hundred and forty-eight of *"The Criminal Code," as follows :- Having in possession an animal with defaced brand. " [448A.] Any person in whose possession or custody any animal upon which any registered brand or regis- tered mark has been altered, defaced, or otherwise rendered indistinguishable, or reasonably suspected to have been altered, defaced, or otherwise rendered indistinguishable, is found, is guilty of an offence, unless he proves that he came lawfully by the animal in question; and he is liable on summary conviction to a fine of twenty pounds for every animal so found. It is a defence to a charge of the offence defined in this section to prove that the accused person came lawfully by the animal in question." Amendment 17. In section four hundred and forty-nine of *"The of s. 449. CriminalCode" the words" defined in the two last preceding sections" are repealed, and the followll1.g words, namely:-" defined in sections four hundred and forty-five, four hundred and forty-seven, and four hundred and forty-eight aforesaid" are inserted in li( ~ u thereof. * 63 Vic. No. 9, Schedule 1., supra, page 344. CROWN TENANTS' RELIEF. See LANDS. CROWN. DANGEROUS DRUGS. See HEALTH. DEBT CONVERSION AGREEMENTS. See COMMONWEALTH AND STATES. DECEASED HUSBAND'S BROTHER ACT. See MARRIAGE AND DIVORCE. MARRIAGE