SECRET COMMISSIONS.

Dominion, Volume 1, Issue 240, 3 July 1908, Page 9

SECRET COMMISSIONS.

A GOVERNMENT BILL. Ono of the first Government measures to be circulated this session is tho Secret Commissions Bill, which will bo introduced by tho Primo Minister (Sir Joseph Ward). The object of the measure is _to render illegal the practice of agents in secretly accepting payments and other valuable considerations from third persons in respect of the business of tho principals. Thero _is cvory reason to believo (says an official memorandum attached to tho Bill) that this practico is very widely spread, and that it oxerciseii a pernicious iiifluenco upon tho commercial morality of the community. It has already' been found necessary to pass legislation for this purpose in Euglaud, Victoria, and tho Commonwealth of Australia. The Acts are: in England, tho Prevention of Corruption Act, 1906; in Victoria, the. Secret Commissions Prohibition Act, 1905; and in tho Commonwealth, the Secret Commissions Act, 1905. Theso Acts differ considerably from each other, and the present Bill solects what are regarded as the best features of each. . It creates tho following offences:— -.

■ (1) Tho giving of secret bribes or othor considerations to agents by third per-

sons. (2) The receiving of secret bribes or other considerations by agents from ' third persons. • (3) Tho concealment by an agent of his pecuniary interest in a contract mado by him on behalf of his principal. 1 (4) Tho giving to an agent by a third person of a falso or imperfect receipt, invoice, or other document, with intent to' deceivo tho principal. 1 ' (s)_ Tho giving by an agent to his principal of any such document.

Tho practice to bo stopped (continues the memorandum) assumes so many different forms and is so easily disguised- that if tho Act is to bo effective it must bo, drawn in the most comprehensive terms. As so drawn it is -quito ijossible that it/includes certain practices which- in themselves are not open to objection. . It is not practicable, howover, _ to foreseo and exempt these cases; and it is provided accordingly, by way of safeguard (as has also been done in England and-Victoria), that.no prosecution can bo instituted without tho consent of the At-tornoy-General. This provision will effectually prevent tho _ Act from being used except in cases which come within the - spirit of it as well as within its. letter.