A BADLY DRAFTED ACT.

Auckland Star, Volume LIV, Issue 213, 8 September 1923, Page 12

A BADLY DRAFTED ACT.

STORING DANGEROUS GOODS. | MOTOR DEALER'S APPEAL. (By Telegrapn. —Own Correspondent.) HAMILTON, this day. An appeal was made by Frank Farrell, motor dealer (Mr. Watts), in the Supreme Court to-day, against his conviction by Mr. Young. S.M., for a breach of the by-laws made under the Explosives and Dangerous Goods Act. Farrell was originally proceeded against under Statute, when the information was dismissed without prejudice on the I grounds that the goods which were the subject of the information had not been proved to be dangerous goods within the meaning of the Act. Subsequently an information was laid under the bylaws of the borough, and Farrell was convicted. The grounds of the appeal were: Firstly, that as the note incorporated in the by-law amplified the defiI nition of '"dangerous goods," it could not !be taken to have any enactivo effect; it was not really part of the by-law: but if, however, it were held to be part of the by-law it must also be held to be ultra "viree. The by-law was actually made by the Governor-General in the exercise of his powers under section 16 of the Act. In acting under this section ■the Governor-General was exercising the powers of a local body, and, as the local body had no power to extend the definition of "dangerous goods," the Governor could not do so. The Governor-General had the said power, however, under section 3 of the Statute, but this he had not exercised. The prosecution was tliere- • fore thrown back upon the Statute, and I : must prove the goods in question to' be j dangerous goods under the Act by provi j ing their flashing point. , I Mr. Swarbrick, representing the . ! Borough Council, admitted that the Act , ! was badly drawn, but submitted that '. ■ there was an intention in the Govern- | ments by-law to extend the definition 'j of dangerous goods, and that to hold ' i that proof of the flashing point was • ! necessary would be to make it unwork- ' j able. ■ I His <*lonor said that the Point was a • ! neat one. lie would, of course, like to ; ; uphold the by-law if possible. Decision f j Mas reserved.