LEGISLATION AGAINST PROFITEERING.

Otago Daily Times, Issue 17726, 10 September 1919, Page 2

LEGISLATION AGAINST PROFITEERING.

NEW BOARD OF TRADE HILL, ITS LKADINU FEATURES. (FitOM Oun Own CounEsroNi>r.xT.) WELLINGTON. September 9. Tlio Board of '1 ratio Bill, introduced in thu Homo of Koprcsentutivcs to-day, provides for tho Retting up of a moro efficient organisation for the regulation of tho prices of commodities and tho cost of -living. It proposes that n dopurtmont of industrk-a suit! commerco shall be established, to consi* primarily oi ji Minister and a bo:ird of trade, of wlik-.li bix:rd the Minister :.h;ill 110 president, and a. secretary to the department and to tho bo.ird—one and the sinio person. Incidentally, it is provided that ilif bourcl to be established by this Act ;;hall l>3 id?ntioal with the present Board of Tr.-ido, and UlO present secretary of tho beard is to be* tho now secretary of the new department ; but it is suggested that the now board shall consist of four members instead of three. The functions of the board are • '.'-•fined as follow: —To obtain by means of investigations and judicial inquiries information a. 1 ; to tiie indu>triss of New Zeakind. To publish, with respect to tbost- industries, such information as tho board deems of advantage to the public. To procure by means of regulations the proper control, maintenance, and development of such industries, and such other functions relative to thoso industries as may bo lawfully conferred on tlie board. The board is given the widest possible powoi-s for tho holding of judicial inquiries into almost any matter pertaining to any industry, including '" the prevention or Buppression of monopolies, unfair competition, and other practices detrimental to the public welfare." Any witness may be summoned to appear, and may ha Tcquired to givo evidi-aco on oath and to produce any books, or papers, or documents required of him by tho board. Any person refusing to give evidence, or refusing to produce books, or to permit thorn, to bo inspected, shall bo deemed guilty of contempt of an inferior court of justice. For such on offence the Supremo Court shall liavo jurisdiction, on the motion of tho Board of Trade, to deal with the offender by way of line or imprisonment. So also a person giving falso avidence may bo charged with the crime- of perjury, and bo liable accordingly. No witness is to be allowed to refuse to givo evidence on tho plea, that it may incriminate hum in respect of any offence other than an indictable ofVence punishable by imprisonment. For tho purposes of any inquiry one or moro persons possessed of expert knowledge of tho subject of the inquiry may be associated with the board. Persons interested in tho subject of the inquiry may attend by counsel, and may bo heard. All inquiries are to be hold in private, but tho board still reserves the right to publish any_ matter connected with tho inquiry. The" provision regarding tho culling of witnesses and the production of documents is made applicable to officers of tho Crown. The board is empowered, also, to moke investigations by another method likely to prove much loss cumbersome and less laborious. Inquiries in this process may be made in' writing, and answered in writing. Other penalties havo to bo provided for default. Under this section a person or body corporate guilty of default, and every person who counsels, procures, or in otherwise knowingly concerned in such default shall bo liable, on summary conviction, to a fitio not exceeding £100. Every person who deceives or obstructs tho Board of Trade, or any person nominated by tho board for the purpose in the conduct of an investigation, is to be liable to a, fine of £100 or to imprisonment for three months. Information supplied to tho board in an in-

qiury of this sort is to be confidential, subject to tho right of the board reserved by the Act to publish any matter which may bo of benefit to the public, and publication is to bo privileged for the purposes of tho law ot defamation. Tho Goveruor-general-in-Council may make regulations on the recommendation of tho Board of Trade for tho suppression of unfair competition; for tho prevention or suppression of monopolies or combinations for the establishment of fixed or maximum or minimum prices for any classes of goods or services; for the prohibition, regulation, or control of differential rates for goods or services where tho existence of such is considered to be prejudicial to any industry in New Zealand; and for tho regulation and control of industries generally for their own good and for tho good of Now Zealand. It is expressly provided that no Board of Trado regulation is to be made determining tho wages or remuneration of tho employees in any industry. Tho penalties for breaches of regulations seem to be quite adequate. Every person who commits or attempts to commit, or counsels, procures, aids, or abets, or incites any other person to commit, or conspires with any other person to commit any offence against a Board of Trade regulation shall bo liable on summary conviction before a magistrate to a fine of £200, or imprisonment for three months. No such proceedings aro to be instituted except with tho consent of tho Board of Trade, and any such prosecution may be instituted at any time within fivo years after tho commission of the offence. By another process a penalty of £]000 may bo enforced against anv oilender, tho definition of an offender bein"tho same in overy respect as for tho summary procedure. In this other mothod the process i« by action for debt in tho Supreme Court. Tnere are special sections referring i?.,i pr ? fi h orinff " Ev . er .V Person is, under the Bill, held to commit an offence who either as principal or agent, soils 6r supplies or otters for sale or supply any poods at an unreasonably high price, and the prico is to bo doomed to bo unreasonably high if it produces more than a fair and reasonable rate of commercial profit to tho seller Also it is made an offence to withhold goods from sale if the effect of so withholding them is to force up the price of tho good's on the_ market. The penalty under this clause is a fine of £200 or imprisonment for threo months in thr> case, of an indi yidual, or a fine of £1000 in the caso of a body corporate. Thero is tho usual provision making the employer liable for the acts of his servant.