SECRET COMMISSIONERS

Taranaki Daily News, Volume LIII, Issue 77, 9 July 1910, Page 6

SECRET COMMISSIONERS

to be prcttib:ted by law. high penalities fixed. The main object of a Government Bill which was circulated at a f late hour on Wednesday night is to render illegal the practice of agents in secretly accepting payments and other valuable considerations from third persons in respect ot the 'business of the principals. There is reason to believe that this practice is very widely spread, and that it exercises a pernicious influence upon the commercial morality of the community.! It has already been found necessary to pass legislation for this purpose in England, Victoria and the Commonwealth of Australia, and the "'New Zealand Bill selects what are regarded by the Government as the best features of each. Under the Bill the following offences are to be created: The giving or receiving of bribes or other considerations to or by agents from third persons; the! concealment by an agent of his pecuniary interest in a contract made by him I on behalf of his principal; the giving to an agent by ,or by an agent to his principal or third person of a false or imperfect receipt, invoice or other document, with intent to deceive the prin- i cipal; the receiving of secret commis-i sions for advising third persons to enter i into contracts with the person paying, such commissions. i A corporation convicted on indictment ' of an ofFence under the Act will be; liable to a fine not exceeding £100(1. If j the offence is committed by a p 1 erson iio j will be liable,to imprisonment with or without hard labor for any period not| exceeding two years or to a fine not exceeding £SOO. If the conviction is a summary one the maximum fine in the case of a corporation will 'be £IOO, and in the case of a person.£so, or a maximum imprisonment for three months. In a memorandum prefixed to the Bill it is stated that the practices to be stopped assume so,many different forms and are so easily disguised that if the Act is to be effective it must be drawn in the most comprehensive terms. As so drawn it is quite impossible , that it includes certain practices which in themselves are not open to objection. It is not practicable,, however, to foresee ami 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 be instituted without the consent of the At-torney-GeneraF. This provision will effectually prevent the Act from being used except in cases which come within the spirit of it as well as within its letter.