Monopolies (Amendment) Act 1939 (NSW)

MONOPOLIES (AMENDMENT)

ACT.

Act No. 6, 1939.

An Act to amend the Monopolies Act, 1923, in certain respects; and for purposes connected therewith. [Assented to, 4th July, 1939.]

BE it enacted by the King's Most Excellent Majesty, lative Council and Legislative Assembly of New South by and with the advice and consent of the Legis­	Wales in Parliament assembled, and by the authority of
the same, as follows :—

1. (1) This Act may be cited as the "Monopolies

(Amendment) Act, 1939."

(2) The Monopolies Act, 1923, as amended by subsequent Acts, is in this Act referred to as the Principal Act.

(3) The Principal Act, as amended by this Act, may

be cited as the Monopolies Act, 1923-1939.

2 . The Principal Act is amended by inserting next

after section seventeen the following new sections:—

17A. NO person shall, in any proceeding for an offence (other than an indictable offence) be excused from answering any question, put either viva voce or by interrogatory, or from making any discovery of, or producing, documents on the ground that the answer, discovery or production may criminate or tend to criminate him or make him liable to a penalty; but his answer shall not be admissible in evidence against him in any civil or criminal proceed­ ing other than a proceeding for an offence against this Act (not being an indictable offence) or a prosecution for perjury.

In so far as this section relates to answering any question put by interrogatory or to the discovery or production of documents the word "person" includes a corporation. 17B.

17B. In any proceeding for an offence or in any action brought under section eighteen of this Act wherein a combination in contravention of this Act is alleged, any book, document, paper or writing containing—

(a)	any minute, note, record or memorandum of any proceeding at any meeting of the persons (or in cases where such persons are bodies corporate, of the agents of such persons) or of any of the persons (or their said agents) alleged to have been parties or privy to the combination; or
(b)	any entry purporting to be a copy of or extract from any such book, document, paper or writing,

shall, upon proof that it was produced by, or came from the custody of, those persons or any of them, or of a responsible officer or a representative of those persons or of any of them—

(i)   be admissible in evidence against those per­ sons; and

(ii)   be evidence that the matter and things thereby appearing to have been done by those persons or any of them were so done, and that any person thereby appearing to have been present at the meeting was so present.

17c. In any proceeding for an offence or in any
action brought under section eighteen of this Act

any book, letter, document, paper or writing, or

taining any reference to any matter or thing alleged	anything purporting to be a copy of or extract from any book, letter, document, paper or writing, con­
to be done in contravention of this Act, shall, upon proof that it was produced by or came from the custody of a person charged with the offence, or a responsible officer or representative of that person—

(a)	be admissible in evidence against that per­ son; and
(b)	be evidence of the matters and things thereby appearing, and that the book, letter, document, paper or writing (or in the case

of

of a copy that the original thereof) was written, signed, despatched and received by the persons by whom it purports to have been written, signed, despatched and re- ceived, and that any such copy or extract is a true copy of or extract from the original of or from which it purports to be a copy or extract.

17D. Sections 17A, 17B, and 17c of this Act shall apply to all proceedings to which such sections are respectively made applicable instituted after the commencement of the Monopolies (Amendment) Act,