UNDER WHICH ACT?

Dominion, Volume 29, Issue 220, 13 June 1936, Page 12

UNDER WHICH ACT?

Difficulty Caused By' Recent Repeal

Because the Unemployment Act of 1931 has been repealed as from .June 1 and a new Act passed, has a magistrate the power to deal witli an offence against the 1931 Act or should fresh proceedings be started under the new Act? This aspect of an information against a man for making a false statement of income to secure benefit under the Act was discussed by Mr. W. F. Stilwell, S.M., and counsel for defendant, Mr. A. B. Sievwright. Mr. Sievwright said he wished Io draw the court's attention to the fact that the Unemployment Act of 1931. under which the information had been laid, had been repealed as from .June 1 last. Though the information may have been laid before June 1. it might be that the matter could not be dealt with by the court. Mr. Sievwright suggested that it might be necessary to issue fresh proceedings tinder the new Act. It might be possible, however, to dpal with it under Section IS (cl of the now Act which stated that all c.-ise-issned or in progress could lie continued under the provisions of the !!»:><> Act, If the court held this Io bo the case then Ibis section would meet the position. Otherwise it might mean that proceedings should be discontinued and frosh ones issued. The magistrate: It appears Io ni<thaf the language of the section is sufficiently clear to warrant this court uealing with the matter. I think it is a proper case for this court.