Trade Associations Registration Act 1959 (WA)

No. 79.] Trade Associations Registration.

[1959.

TRADE ASSOCIATIONS

REGISTRATION.

8' Elizabeth II., No. LXXIX.

No. 79 of 1959.

AN ACT to provide for the Registration of Trade Associations and for incidental and other purposes.

[Assented to 14th December, 1959.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

PART I.-INTRODUCTORY PROVISIONS.

Short title.	1. This Act may be cited as the Trade Associations Registration Act, 1959.
Commence-
ment.	2. This Act shall come into operation on a day to be fixed by proclamation.

1959.]

Trade Associations Registration. [No. 79.

3. The Monopolies and Restrictive Trade Prac- Repeal.

tices Control Act, 1956-1958, is repealed.

4. In this Act, unless the context requires ilgare-

otherwise

"books or documents" includes accounts, balance sheets, vouchers, records, contracts and other instruments;

"person" includes any association of persons, whether incorporated or not;

"Registrar" means the person appointed to the office of Registrar of Trade Associations and includes the person appointed to act as Registrar during a vacancy in that office;

"rules" includes by-laws and regulations;

"sale" includes barter and every other disposi-

tion for valuable consideration; and the verb, "to sell" has a correlative meaning;

"trade" means any trade, business, industry, occupation or undertaking relating to the sale of goods;

"trade association" means a body of persons, whether incorporated or not, which is formed for the purpose of furthering the several trade interests of its members, or of persons represented by its members, but does not include any partnership;

"trade practice" means any practice related to the carrying on of any trade; and includes anything done by any person which controls or affects the prices charged by any trader; "wholesaler" in relation to the sale of any goods,

means a person who sells the goods to any

person for the purpose of resale.

This Act is arranged as follows—

Arrange-

ment.

PART I.—INTRODUCTORY PROVISIONS.

PART IL—REGISTRATION OF CERTAIN AGREE-

MENTS AND OF TRADE ASSOCIATIONS.

Division 1.—Registration of Certain

Agreements.

Division aRegistration of Trade

Associations.

No. 79.] Trade Associations Registration.

[1959.

PART III.-GENERAL PROVISIONS.

This Act not

to affect	6. (1) This Act does not affect or prejudice the operation of the Wheat Products Prices Fixation Act, 1938, the Marketing of Barley Act, 1946, the Marketing of Eggs Act, 1945, the Marketing of Onions Act, 1938, the Marketing of Potatoes Act, 1946, the Dairy Products Marketing Regulations Act, 1934, the Wheat Industry Stabilisation Act, 1958, the Wheat Marketing Act, 1947, or any other Act of the State or the Commonwealth having as its objects or part of its objects the orderly marketing of primary products.
certain
Acts.
(2) This Act does not apply to any agreement or arrangement which is authorised by an Act or to a scheme, order or other instrument made under any Act.
(3) The Acts referred to in subsection (1) of this section shall be construed as separate and distinct from this Act.

Severability. 7. This Act shall be read and construed so as

not to exceed the legislative power of the State, the intention being that where any enactment in this Act would, but for this section, have been construed as being in excess of that power, it shall nevertheless, be a valid enactment to the extent to which it is not in excess of that power.

Act applies

Except as provided in section six of this Act, this Act applies to the Crown in right of the State and to agencies and instrumentalities of the Crown in right of the State.

to Crown in

right of the

State.

Adminis-

Subject to the Minister the Registrar shall administer this Act.

tration.

Cost of ad-

The cost of the administration of this Act

shall be paid out of moneys appropriated by

Parliament for the purpose.

ministration.

10.

1959.] Trade Associations Registration. [No. 79.

the name of Registrar of Trade Associations is hereby

created.

Office of

11.

(1) For the purposes of this Act, an office by

Registrar.

(2) The Governor may appoint a person to the office for such term, at such remuneration, and subject to such conditions of service as the Governor determines, and is hereby authorised to determine.	Appointment
Appointment

(1) The Minister may, on the recommenda- tion of the Registrar, appoint such other officers, as the Minister in his opinion thinks necessary for the administration of this Act.	of staff.
(2) The officers may be appointed for such terms, at such remuneration, and subject to such conditions of service as the Minister determines and is hereby authorised to determine.

12.

(3) person who shall act as Registrar during any VeZgr

The Governor may at any time appoint a tirsi;tment

vacancy in the office of Registrar, and while so =Igy in

acting that person has and may exercise all the that office.

powers and functions of the Registrar.

Power to

(4) By agreement with the Minister for the time being administering any department of the Public	Co-opt
services.
Service of the State, or of any other State of the Commonwealth or of the Commonwealth, the Minister may for the purposes of this Act co-opt the services of any person employed in that department upon such terms as may be agreed between that Minister and the Minister.

(5) Registrar or a person appointed under, or whose yrottged.

If the person appointed to the office of Viers

services are so co-opted under, subsections (2) and (4) of this section respectively, is an officer within the meaning of the Public Service Act, 1904, the appointment of or the use of the services of that person does not prejudice or affect the provisions of that Act or other Acts applying to him as such an officer, and does not prejudice or affect his rights or obligations as such under any of those Acts.

No. 79.] Trade Associations Registration.

[1959.

Secrecy.	13. (1) Subject to the provisions of subsection (3) of this section, no person shall, except as authorised by or under this Act, directly or indirectly communicate or divulge any information relating to any matter which comes to his knowledge in consequence of his official position or of his services being engaged under the provisions of this Act.
Declaration

of secrecy.

(2)

(a) Every person exercising any power or performing any duty pursuant to the provisions of this Act, shall before exercising the power or entering on his duties pursuant to those provisions make and sign a declaration in accordance with the form

Schedule.	in the Schedule to this Act.
(b) When a declaration is duly made and signed the Registrar shall lodge it with the Minister for safe keeping.

(3) Notwithstanding the provisions of subsection

(1) of this section

(a)	the Registrar may whenever he considers it necessary or desirable to do so, directly or indirectly communicate or divulge any information referred to in subsection (1) of this section to and produce to the Minis- ter and the Attorney General and their counsel or solicitor, for use in connection with the prosecution of a person for any offence under this Act any books or documents or papers containing any information;
(b)	a person authorised in writing whether specially or generally by the Minister may directly or indirectly communicate or divulge such information to the Registrar for the purpose of facilitating the perform- ance of any functions of the Registrar under this Act;
(c)	any person exercising any power or performing any duty under this Act, may answer any question relating to any offence under this Act, which he is required to answer when called as a witness in the prosecution of a person for that offence.

1959.]

Trade Associations Registration. [No. 79.

14. No matter or thing done in good faith by the givrs= Minister, the Attorney General, the Registrar, or any lath. person in exercise or purported exercise of any power

or in performance or purported performance of any duty or function pursuant to the provisions of this Act subjects him to any liability in respect thereof.

15. Neither the Minister nor the Attorney new112.

no not

of this Act, is a compellable witness in any proceed- ings against any person for contravening or failing to comply with

General or any person who is or has been acting as zapeliga.le

counsel or solicitor to the Minister, Attorney General

or Registrar in relation to any matter arising under

the provisions of this Act or in connection with the

exercise of any power or the performance of any

duty or function by the Minister, the Attorney

(a)	any of those provisions; or
(b)	any provision of any order, direction, notice or document, matter or thing made, given or published in pursuance of any of those provisions.

General

16. The Registrar—

powers of Registrar.

(a)	shall prepare, compile and maintain a register of trade associations and agree- ments which are subject to registration under this Act;
(b)	may take proceedings before a Court for any offences against this Act;
(c)	may take proceedings in a Court, as provided in this Act, subject to such directions as may be given by the Attorney General; and
(d)	has and may exercise such other powers and functions and is entitled to such immunities as are prescribed by this Act.

No. 79.] Trade Associations Registration.

[1959.

PART II.—REGISTRATION OF CERTAIN AGREEMENTS

AND OF TRADE ASSOCIATIONS.

Division 1.—Registration of Certain Agreements.

Interpre-

tation.

17. (1) In this Part unless the context requires

otherwise

"agreement" means any agreement or arrange- ment referred to in section twenty-four of this Act made between a trade association and one or more persons carrying on business in this State or between two or more trade associations which carry on their operations in this State, and includes any agreement or arrangement whether or not it is intended to be or is capable of being enforced by legal proceedings.

(2) Where an agreement is made by a trade association, the agreement, for the purposes of this Part, shall be deemed to be made by all persons who are members of the association or represented thereon, as if each of those persons were a party to the agreement and were bound by the provisions of the agreement.

(3) Where any agreement or arrangement relates to the sale or supply of goods or the performance of services in the State, the agreement or arrange- ment shall be deemed to be an agreement within the meaning of subsection (1) of this section, not- withstanding that any other party to the agree- ment or arrangement does not carry on business in the State.

The provisions of this Act shall not be applied in such a manner as to prevent associations or organisations of employers or employees from entering into agreements or arrangements the one with the other in regard to any matter which may form the subject of an industrial agreement under the Industrial Arbitration Act, 1912, and such an agreement or arrangement is not required to be registered under the provisions of this Act.

(4)

1959.]

Trade Associations Registration. [No. 79.

Registration

18. (1) Every agreement referred to in section

of agree-

twenty-four shall be registered in accordance with	ments.
this Part

within ninety days after the date of the coming into operation of this Act, in the case of agree- ments existing on that date, and

within ninety days after the date of the making

of the agreement in other cases.

(2) The following particulars shall be furnished to the Registrar in respect of every agreement which is subject to registration under this Part, namely

(a)	the names of the parties to the agreement;

and

(b)	the whole terms of the agreement.

(3) If at any time after an agreement has been registered under this section the agreement is varied, whether in respect of the parties or in respect of the terms, or determined otherwise than by effluxion of time, the particulars of the variation or determination shall be furnished to the Registrar within twenty-eight days after the date of the variation or determination.

(4) The particulars to be furnished under this section in respect of an agreement shall be furnished

(a)	insofar as the agreement, or any variation or determination of the agreement, is made by an instrument in writing, by the produc- tion of the original or a true copy of that instrument;
(b)	insofar as the agreement, or any variation or determination of the agreement, is not so made, by the production of a memoran- dum in writing signed by any person by whom the particulars are furnished.

(5) (a) The particulars to be furnished under this section shall be furnished by or on behalf of every party to any agreement to which this Part applies or, as the case may be, was a party thereto immediately before its determination.

No. 79.] Trade Associations Registration.

[1959.

(b) Where the particulars are duly furnished by or on behalf of any of those parties, the provisions of this section shall be deemed to be complied with on the part of those parties.

Keeping of

register.	19. (1) The Registrar shall keep a register for the purposes of this Part.
(2) The Registrar shall keep the register in such form as the Minister thinks fit and shall enter therein such particulars as may be prescribed of agreements subject to registration.
(3) The Registrar shall provide for a special section of the register and for the entry or filing in that section of such particulars as the Minister may direct, being

(a)	particulars containing information the publication of which would in the opinion of the Minister be contrary to the public interest;
(b)	particulars containing information as to any secret process of manufacture or other information whether of a like nature or not, being information the publication of which, in the opinion of the Minister would substantially damage the legitimate busi- ness interests of any person.

(4) Any party to an agreement required to be registered under this Part may apply to the Registrar for the agreement or any part of the agreement to be excluded from the provisions of this Part relating to registration on the grounds that the agreement or the part thereof has no substantial economic significance, or may apply to the Registrar for the inclusion of any provision of the agreement in the special section.

(5) The Registrar shall forward the application to the Minister together with a report and his recom- mendations in respect of the application and the Minister, if he is of opinion that the grounds of the

1959.] Trade Associations Registration. [No. 79. application are correct and that the registration of the agreement or part thereof is not necessary for the purposes of this Part because it has no substantial economic significance, or that any provisions of the agreement referred to in the appli- cation should be included in the special section, as the case may require, may direct the Registrar accordingly, and the Registrar shall comply with the direction.

(6) The register, other than the special section, shall be open to public inspection during such hours and subject to payment of such fees as may be prescribed.

No process for compelling the production of the register or of any other document kept by the	Register, etc.,
not to be
produced
except by
leave of
Registrar shall issue from any Court except with	Court.
the leave of the Court, and any process if issued shall contain a statement that it is issued with the leave of the Court, and no such process shall issue from a Court of Petty Sessions unless the Court is comprised of a Stipendiary Magistrate and not Justices only.

20.

If any person is in doubt as to whether any agreement to which he is or proposes to be a party	Power to
party to
to seek
agreement
requires to be registered under this Part or when	advice from
Registrar
made shall require to be so registered, he may deliver	whether
agreement
to the Registrar as soon as practicable so as to ensure	to be registered.
that the provisions of section eighteen of this Act, if applicable, are complied with, a true copy of the agreement or proposed agreement, and if the Registrar is of opinion that the agreement or proposed agreement is not required to be so regis- tered, he may certify in writing accordingly.

21.

(1) If the Registrar has reason to believe that any person is a party to an agreement subject to	Power of
Registrar
to obtain
information.
registration under this Part, he may give notice to that person requiring him, within such time as may be specified in the notice, to notify the Registrar whether he is a party to the agreement, and if so to furnish to the Registrar such particulars of the agreement as may be so specified.

22.

No. 79.] Trade Associations Registration.

[1959.

(2) The Registrar may give notice to any person by whom particulars are furnished under section eighteen of this Act in respect of an agreement, or to any other person being a party to the agreement, requiring him to furnish to the Registrar such further books or documents or information in his control as the Registrar considers expedient for the purposes of or in connection with the registration of the agreement.

(3) Where a notice under this section is given to a trade association, the notice may be given to the secretary, manager or any other executive officer of the association; and for the purposes of this section the association shall be treated as a party to any agreement to which members of the association, or persons represented on the association by those members are parties as such.

Offences.

23. (1) If any person who furnishes or is required to furnish any particulars, books or docu- ments or information under this Part of this Act

(a)	makes any statement, or furnishes any book or document, which he knows to be false in a material particular; or
(b)	wilfully alters, suppresses or destroys any document which he is required to furnish as aforesaid,

he commits an offence against this Act.

(2) If any person fails without reasonable excuse to comply with a notice given to him under section twenty-two of this Act, he commits an offence against this Act.

Agreements

which require	24. (1) The agreements to which section
to be

registered.

eighteen of this Act applies and which require to be registered under this Part, are any agreement or arrangement

(a)	between wholesalers to restrict by any method the class or number of buyers to whom they sell; or between any two or more

1959.]	Trade Associations Registration. [No. 79.
retailers to restrict by any method the class or number of wholesalers from whom they buy;

(b)	between wholesalers to sell goods only at prices or on terms agreed upon between those wholesalers; or between wholesalers, retailers or contractors to buy, or offer to buy, or tender for, goods only at prices or on terms agreed upon between the whole- salers, retailers or contractors;
(c)	between wholesalers or retailers or con- tractors or any combination of persons engaged in the selling of goods or perform- ance of services, to sell goods, or perform services or to tender for the sale of goods, or the performance of services only at prices or on terms agreed upon between the parties to the agreement or arrangement;
(d)	between wholesalers to sell goods only on the condition that prices charged or con- ditions of sale by retailers shall be the prices charged or conditions of sale stipulated by those wholesalers;
(e)	between wholesalers and retailers to sell goods to the retailers only on the condition that the prices charged or conditions of sale by the retailers shall be the prices charged or conditions of sale stipulated by the wholesalers; or any agreement by any retailers to comply with the conditions or any of those conditions.

(2)

An agreement or arrangement between buyers relating to goods which are bought by the buyers for consumption and not for resale does not require to be registered under this Act.

(3) Any agreement or arrangement made between two persons neither of whom is a trade association, for the exchange of information relating to the operation of processes of manufacture whether patented or not, research into and exchange of technical knowledge or processes, being an agree- ment or arrangement to which no other person is party is not subject to this Part.

No. 79.] Trade Associations Registration.

[1959.

Division 2.—Registration of Trade Associations.

Registration

Subject to the provisions of section twenty- seven of this Act, every trade association to which this Act applies shall be registered in accordance with the provisions of this Act within ninety days after the date of the coming into operation of this Act, in the case of trade associations existing on that date, and within ninety days after the date of the trade association being formed in other cases.

of trade

25.

associations.

Registrar

(1) The Registrar shall, for the purposes of (2) The Registrar shall keep the register in such form as the Minister thinks fit and shall enter therein such particulars as may be prescribed, of trade associations subject to registration.

to keep

26.

register of

trade	this Part, keep a register to be known as the register
associations	of trade associations.
Certain

trade

27.

The Registrar may, with the approval of the association whose principal objects are for the exchange of information relating to the operation of processes of manufacture whether patented or not, research into or exchange of technical knowledge or processes or like objects.

associations

exempt from	Minister, exempt from registration any trade
registration.
Trade

associations	28.	(1) A trade association to which this Act
required to be

registered	applies shall be registered in accordance with the
notwith-
standing	provisions of this Act notwithstanding that it is
incorporation
under other	incorporated under the provisions of any other Act.
Act.
(2) If a trade association fails to comply with this section, every member of the trade association commits an offence against this Act.

Penalty: One hundred pounds.

Application

for registra-	29. (1) Every trustee, secretary, manager or
tion by

trade	other officer of a trade association to which this
association.	Act applies, who is authorised so to do by the

1959.] Trade Associations Registration. [No. 79. committee or other person having the management of the association, shall make application in the prescribed form to be registered under this Part in accordance with section twenty-five of this Act.

(2) Every application shall state

(a)	the name of the association;
(b)	all the objects and purposes of the association;
(c)	where the office of the association is situated or established;
(d)	the name of the secretary of the association; and
(e)	in whom the management of the association is vested.

(3) Where any change occurs in respect of any of the particulars stated in an application made under this section, the secretary for the time being shall within twenty-eight days of the change occurring advise the Registrar in writing of the change.

30. (1) An application made under the provisions Application

to be

of this Act shall be accompanied by a true copy of accompanied

by rules of

the rules of the trade association.

trade

association.

(2) The secretary or the other person having the management of the association shall, within twenty-eight days after the making of any addition or alteration to the rules, file in the office of the Registrar a true copy of the addition or alteration.

All rules and additions or alterations thereto filed with the Registrar shall be at the time of filing verified by a declaration made by the secretary or other person having the management of the association before a justice of the peace or other person by law authorised to administer an oath in accordance with the provisions of section one hundred and six of the Evidence Act, 1906.

(3)

No. 79.] Trade Associations Registration.

[1959.

Power of

Registrar	31. The Registrar shall refuse to register any
to refuse

registration.

trade association unless its rules

(a)	prescribe all the qualifications for member- ship of the association;
(b)	prescribe the entrance fee, if any, payable by a person who is about to become a member of the association;
(c)	prescribe the annual subscription payable by a member of the association or each class of member, if any;
(d)	prescribe the method by which any levy for money in addition to the fees payable by members of the association is to be assessed or the fees are to be varied;
(e)	prescribe the powers of the association, particularly with regard to the powers, if any,

(i) to inflict penalties on members and the type of penalty that may be inflicted; and the occasions on which the penalty is incurred;

(ii) relating to the price of any com- modity, and the maintenance, regu- lation or control of prices;

(iii) to control or channel the supply of goods and services by, to or through the members of the association;

(f)	prescribe the procedure governing the convening and holding of its meetings, the appointment of committees of manage- ment, the method of election of officers and admission of members to the association.

Power of

person to

32. (1) Where a trade association enforces or

complain to attempts to enforce the observance of or compliance

Registrar

against

enforcement	with a trade practice by a member thereof or other
of certain
trade	person bound by the rules of the association, that

practices by is not authorised by or is contrary to the rules, thetrade

association• member or other person may by notice in writing

delivered to the Registrar complain that the

1959.] Trade Associations Registration. [No. 79. association is so enforcing or attempting to so enforce the observance of or compliance with the trade practice.

(2) (a) The complainant shall state concisely in the notice the trade practice and the maner in which he alleges the trade association is so enforcing or attempting to enforce the trade practice as against him.

(b) The complainant shall as soon as practicable after he has delivered the notice to the Registrar deliver a true copy of the notice to the trade association.

33. (1) (a) The Registrar or any officer appointed under this Act and authorised by the Minister,	Registrar to
Power of
investigate
complaint.
under the direction of the Registrar may investigate a complaint made under section thirty-two of this Act.
(b) For the purpose the Registrar or authorised officer may exercise all or any of the powers of investigation conferred on the Registrar by this Act.
(2) If as a result of the inquiry the Registrar is of opinion that the complaint is proved, he shall report to the Minister who may direct the trade association forthwith to discontinue enforcing or attempting to enforce the observance of or compliance with the trade practice by the complainant.
(3) The trade association shall give effect to the direction of the Minister.

PART III.-GENERAL PROVISIONS.

34. (1) In this Part, "collusive tender" means a tender in response to a public invitation made	Collusive
tendering
scheme and
collusive
in pursuance of a collusive tendering scheme, and	tenders.
"collusive tendering scheme" means a scheme contrary to the public interest by which the parties to the scheme arrange to restrict competition among themselves in tendering for the sale or purchase of goods or in tendering for the supply or use of services.

No. 79.] Trade Associations Registration.

[1959.

Offence.

(2) A person shall not

(a)	make or enter into any collusive tendering scheme;

(b) make any collusive tender.

Penalty: Five hundred pounds.

Power of

Registrar

to inquire	(3) Where the Registrar has reason, whether
into collusive

tendering	because of reports made to him or because of the
scheme or
collusive	observations of himself or his staff to suspect that
tender.	a person has made or entered into any collusive scheme or made any collusive tender, he shall, if of opinion that it is in the public interest to do so, investigate the matter and exercise or cause to be exercised all or any of the powers conferred upon him by this Act.
Power of
Registrar	(4) For the purposes of any investigation made by the Registrar, he may by order in writing require any person carrying on any business relating to or affecting the subject matter of the investigation to produce for the inspection of the Registrar at the place where they are customarily kept any books or documents which are in the possession of that person or in the possession of any other person on that person's behalf or to set down in writing any facts relating to the subject matter of the investigation which are within the knowledge of that person, or to allow copies of or extracts from any of the books or documents to be made by or on behalf of the Registrar.
to obtain
information.
(5) A person who fails to comply with any order made under subsection (4) of this section or who deceives or attempts to deceive or obstruct the Registrar or any member of his staff authorised in writing by the Minister to exercise any of the powers conferred by that subsection, in the conduct of the investigation, commits an offence against this Act.

Penalty: One hundred pounds.

1959.] 35. (1) For the purposes of the investigation, the Mehl:.

Trade Associations Registration. [No. 79. Registrar has and may exercise the powers of the Chairman of a Royal Commission as if appointed under the provisions of the Royal Commissioners' Powers Act, 1902, for the purpose.

(2)

The provisions of that Act apply, with respect to the investigation, as if repeated in this section.

(3)

Without prejudice to the provisions of section eleven of the Evidence Act, 1906, or section twelve of the Royal Commissioners' Powers Act, 1902, where a person is, by virtue of any of the provisions of this Act or of any order or thing made or promulgated pursuant to the provisions of this Act, required to answer questions orally, he shall not refuse to answer any question on the ground that the answer might tend to incriminate him or make him liable to any penalty, but the answers given by him shall not be admissible in evidence in any proceedings against him other than proceedings in respect of the falsity of the answers or in respect of the refusal or failure to answer any question.

36. (1) If after he has carried out an investiga- Registrar

tion under section thirty-four of this Act, the %fit to

Registrar is of opinion that a person has made or =ratio..

entered into any collusive tendering scheme or made

any collusive tender, he shall make a report in

writing to that effect to the Minister.

(2) The Minister after considering the report may direct the Registrar to take proceedings on complaint against that person under the provisions of the Justices Act, 1902.

37. The Registrar shall in each year prepare an Annual

annual

annual report before the thirty-first day of October igg'istA.r.

of each year of his proceedings under this Act for the year ending the thirtieth day of June last preceding and the operation of the Act generally, and he may include therein his comments and conclusions on the operations of trade associations

No. 79.] Trade Associations Registration.

[1959.

in the State and their rules, and the Registrar shall send the report in each year to the Minister who shall lay it on the table of both Houses of Parliament within seven days of its receipt, or if at that time Parliament is not in session, then within seven days of the commencement of the next session.

Penalties for

A person who does not do a thing which by or under this Act he is required or directed to do, and a person who does or attempts to do a thing which by or under this Act he is prohibited from doing, commits an offence against the provisions of this Act.

offences.

38.

General

(1) A person who commits an offence against the provisions of this Act is liable on conviction to the penalty expressly mentioned as the punishment for the offence, or if a penalty is not so expressly mentioned, to a penalty not exceeding one hundred pounds.

penalty.

39.

(a) Offences against this Ac' may be prose- cuted on complaint made under the Justices Act, 1902, at any time within one year from the time when the matter of complaint arose.

(2)

(b) All complaints for offences against this Act shall be heard before a Court comprised of a Stipendiary Magistrate.

(3) An offence against this Act shall not be prose- cuted without consent in writing of the Attorney General.

Punishment

for offences.

40. Where a person committing an offence against this Act is a corporate body, every person who, at the time of the commission of the offence, was a director or officer of the body corporate is liable to the penalty imposed for the offence unless he proves that the offence was committed without his knowledge or that he used all due diligence to prevent the commission of the offence.

1959.]

Trade Associations Registration. [No. 79.

41. (1) The Governor may make such regulations as he considers necessary, convenient, or desirable	Power to
make
regulations.
for facilitating the operation of this Act or giving effect to the purposes of this Act or for better enabling the Registrar to carry out his functions under this Act.
(2) Without prejudice to the generality of the foregoing power, the Governor may prescribe such forms and fees as he considers necessary to give effect to this Act and may by regulation prescribe as a penalty for the breach of any regulation so made, a penalty not exceeding one hundred pounds.
8. 13.

SCHEDULE.

Western Australia.

Trade Associations Registration Act, 1959.

DECLARATION OF SECRECY.

I,.

, of

in the State of Western Australia, do solemnly undertake and sincerely declare that except as authorised by or under the above Act, I will not directly or indirectly communicate or divulge any information relating to any matter which comes to my knowledge in consequence of my appointment for the purposes of the abovementioned Act.

Signed at

the	day of
19

Before me

Witness.