WESTERN AUSTRALIA-
ANNO QUINTO
EDWARDI SEPTIMI REGIS,
XIII.
4M*****4****************************************M*
No. 13 of 1905.
AN ACT for the Prohibition of Secret Com-
missions and Rebates.
[Assented to 23rd December, 1905.]
| Legislative Assembly of Western Australia, in this present Parlia- | BE it enacted by the I“ng's Most Excellent Majesty, by and withthe advice and consent of the Legislative Council and |
| ment assembled, and by the authority of the same, as follows:— |
1. This Act may be cited as the Secret Commissions Act, 1905, short title.
and shall come into operation on the first day of April, one
thousand nine hundred and six.
| 2. If any agent corruptly receives or solicits from any person, | Receipt or solicita-tion of secret com- |
| for himself or for any other person, any valuable consideration | mission by an agent a misdemeanour. |
| (a.) as an inducement or reward for, or otherwise on account | V. 1905, No. 1974, |
| of, doing or forbearing to do or having done or forborne | s. 2. |
| to do any act in relation to his principal's affairs or business: or |
| 1905, No. 13.] | Secret Commissions. | [5 EDW. VII. |
(h.) 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,
he shall be guilty of a misdemeanour.
| Gift or oiler of | 3. If any person corruptly gives or offers to any agent any |
secret commission
| to an agent a | valuable consideration |
| misdemeanour. |
| (a.) | as an inducement or reward for, or otherwise on account |
Ibid.
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
(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,
he shall be guilty of a misdemeanour.
Secret gifts to
| Parent, wife, child, | 4. (l.) Any valuable consideration given or offered to any |
| partner, etc., of | parent, husband, wife, or child of any agent, or to his partner, clerk, |
| agent deemed gifts | or employee, or at the agent's request to any person by any person |
| to agent. | |
| Ibid., s. 8. | having business relations with the principal of such agent, shall be deemed to have been given or offered to the agent. |
| Secret gifts received | (2.) Any valuable consideration received or solicited by any |
| by parent, wife, |
| child, partner, etc., | parent, husband, wife, or child of any agent, or by his partner, clerk, |
| of agent deemed | or employee, from any person having business relations with the |
| received by agent. | principal of such agent shall be deemed to have been received or |
| Ibid. | |
| solicited by the agent, unless it be proved that the valuable con- sideration was so received or solicited without the consent, know- ledge, or privity of the agent. | |
| Giving to agent |
| false or… |