Australian Industries Preservation Act 1910

Legislation au C1910A00029 Not in force Act

Legislation content

AUSTRALIAN INDUSTRIES PRESERVATION.

 

No. 29 of 1910.

An Act to amend the Australian Industries Preservation Act 1906–1909.

[Assented to 25th November, 1910.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Australian Industries Preservation Act 1910.

(2.) The Australian Industries Preservation Act 1906–1909 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Australian Industries Preservation Act 1906–1910.

Restraint of Inter-State or External trade.

2. Section four of the Principal Act is amended—

(a) by inserting in paragraph (a) of sub-section (1.), before the words “with intent to restrain,” the words “in restraint of or”;

(b) by omitting the words “to the detriment of the public”;

(c) by inserting in paragraph (b) of sub-section (1.), before the words “with intent to destroy or injure,” the words “to the destruction or injury of or”;

(d) by inserting, after the words “Five hundred pounds,” the words “or, in the case of a continuing offence, Five hundred pounds for each day during which the offence continues.”

(e) by adding at the end of the section the following subsection:—

“(3.) It shall be a defence to a proceeding for an offence under paragraph (a) of sub-section (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.”

Unfair competition.

3. Section six of the Principal Act is amended by inserting after the words “section four” the words “and section ten.”

Monopoly.

4. Section seven of the Principal Act is amended—

(a) by omitting the words “with intent to control, to the detriment of the public, the supply or price of any service, merchandise, or commodity”;

(b) by inserting, before the word “offence,” the word “indictable”;

(c) by inserting, after the words “Five hundred pounds,” the words “for each day during which the offence continues, or one year’s imprisonment, or both; or, in the case of a corporation, One thousand pounds for each day during which the offence continues”:

(d) by adding at the end of the section the following subsection:—

“(3.) The Attorney-General may elect, instead of proceeding by indictment for an offence against this section, to institute proceedings in the High Court by way of civil action for the recovery of the pecuniary penalties for the offence; in which case the action shall be tried before a justice of that Court without a jury.”

Unfair concessions.

5. Section seven a of the Principal Act is amended by adding at the end of sub-section (3.) the words “and was not destructive of or injurious to any Australian industry.”

Injunction.

6. Section ten of the Principal Act is amended by omitting the words “to the detriment of the public.”

7. After section fourteen of the Principal Act the following sections are inserted:—

Information, &c., to suffice if in words of this Act.

Cf. 1901, No. 6, s. 250.

“14a. In any proceeding for an offence against this Part of this Act, any indictment, information, statement of claim, conviction, warrant, or other process shall suffice if the offence is set forth as nearly as may be in the words of this Act.


“14b. No person shall, in any proceeding for an offence against this Part of this Act, 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 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 proceeding other than a proceeding for an offence against this Act or a prosecution for perjury.

Minutes, records, &c., to be evidence.

“14c. In any proceeding for an offence against this Part of this Act, wherein a combination or conspiracy or attempted combination or conspiracy 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 any of the persons alleged to have been parties or privy to the combination conspiracy or attempt, 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 any of them,—

(i.) be admissible in evidence against those persons; 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.

Books, letters, documents, &c. to be evidence.

“14d. In any proceeding for an offence against this Part of this Act, any book letter document paper or writing, or anything purporting to be a copy of or extract from any book letter document paper or writing, containing any reference to any matter or thing alleged 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 a representative of that person,—

(a) be admissible in evidence against that person; 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 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 received, 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.”

Power to require persons to answer questions and produce documents.

8. Section fifteen b of the Principal Act is amended by inserting in sub-section (4.), after the words “criminate him,” the words “or make him liable to a penalty”.

Overview

The Australian Industries Preservation Act 1910 was enacted by the Commonwealth Parliament to address the need for stronger legal measures to protect Australian industries against unfair trade practices, monopolies, and detrimental trade agreements. Building upon the Australian Industries Preservation Act 1906–1909, this Act introduced amendments to enhance the enforcement mechanisms and penalties for activities that restrain or injure trade or commerce, with a focus on protecting the public interest and promoting fair competition. The Act also established provisions to streamline the legal process, including the admissibility of specific documents and records as evidence in legal proceedings related to contraventions of the Act. The policy objective of the Australian Industries Preservation Act 1910 was to safeguard Australian industries from practices that could lead to unfair competition, monopolies, and detrimental trade agreements that harm the public interest. By amending the existing legislation, the Act aimed to provide more robust legal tools to enforce compliance and deter activities that could negatively impact the Australian market and industries.

Scope and Application

The Australian Industries Preservation Act 1910, as amended, is a Commonwealth statute aimed at preserving Australian industries by regulating practices that could restrain trade or commerce, engage in unfair competition, or create monopolies, among other things. The Act applies to individuals, entities, and corporations within Australia and to any conduct or transactions that impact Australian industries, thereby ensuring that trade practices do not detrimentally affect the Australian market. The geographic reach of the Act is nationwide, as it is a Commonwealth Act, affecting all states and territories within Australia. The Act includes specific exclusions and exemptions for certain types of conduct, such as those proven not to be detrimental to the public or not unreasonably restraining trade. Additionally, the Act's provisions can be extended or restricted through subordinate instruments, allowing for more detailed regulation and enforcement mechanisms to be established by the relevant authorities.

Key Provisions

The Australian Industries Preservation Act 1910, as an amendment to the Australian Industries Preservation Act 1906–1909, introduces significant changes to the regulation of trade practices within Australia. Firstly, section 2 amends the definition of actions that constitute a restraint of trade, now including any actions "in restraint of or with intent to restrain" trade or commerce, and removes the requirement that such actions must be "to the detriment of the public" to establish an offence. Additionally, it introduces a financial penalty for continuing offences, with a fine of Five hundred pounds for each day the offence continues. Section 3 extends the scope of unfair competition to include actions covered under section ten of the Principal Act. Section 4 revises the offence of monopoly, now an indictable offence, and increases the penalties to include fines of One thousand pounds for each day the offence continues for corporations, alongside potential imprisonment. The Act imposes several obligations on parties and entities it governs. Under section 2(3), it is a defence for a party accused of restraining trade or commerce if they can prove that their actions were not detrimental to the public and were not unreasonable. Furthermore, section 4(3) allows the Attorney-General to opt for civil proceedings in the High Court instead of criminal indictment for monopolistic offences, ensuring the recovery of pecuniary penalties. Additionally, sections 14a to 14d introduce procedural requirements for evidence in proceedings related to offences under the Act, ensuring that documents and records are admissible if they are produced from the custody of relevant persons or their representatives. Offences under the Act come with significant penalties and consequences. For instance, section 2 imposes fines of Five hundred pounds for each day a continuing offence persists, in addition to the possibility of imprisonment. Section 4 introduces harsher penalties for monopolistic activities, including fines of One thousand pounds for each day the offence continues for corporations, alongside imprisonment terms. The Act also provides for civil actions, as mentioned in section 4(3), allowing the Attorney-General to pursue monetary penalties without a jury in the High Court. Non-compliance with the Act's requirements, such as failing to produce documents or answer questions as stipulated in sections 14b and 14c, can lead to legal ramifications, although such evidence cannot be used in other civil or criminal proceedings except those related to the Act itself.

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Commercial Law
Competition Law
Instrument
Act
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Definitions & Interpretation
Offence Provisions
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.