or to a fine not
exceeding L500, or to both, or on summary conviction to imprisonment not
exceeding four months with or without hard labour or to a fine not
exceeding L50, or both. The act also applies the same punishment to any
person who corruptly gives or offers any gift or consideration to an
agent. Also if a person knowingly gives an agent, or if an agent
knowingly uses, any receipt, account or document with intent to mislead
the principal, they are guilty of a misdemeanour and liable to the
punishment already mentioned. For the purposes of the act
"consideration" includes valuable consideration of any kind, and "agent"
includes any person employed by or acting for another. No prosecution
can be instituted without the consent of the attorney-general, and every
information must be upon oath.
Legislation to the same effect has been adopted in Australia. A federal
act was passed in 1905 dealing with secret commissions, and in the same
year both Victoria and Western Australia passed drastic measures to
prevent the giving or receiving corruptly of commissions. The Victorian
act applies to trustees, executors, administrators and liquidators as
well as to agents. Both the Victorian and the Western Australian acts
enact that gifts to the parent, wife, child, partner or employer of an
agent are to be deemed gifts to the agent unless the contrary is proved;
also that the custom of any trade or calling is not in itself a defence
to a prosecution.
_Commissions of Inquiry_, i.e. commissions for the purpose of eliciting
information as to the operation of laws, or investigating particular
matters, social, educational, &c., are distinguished, according to the
terms of their appointment, as _royal_, _statutory_ and _departmental_.
A royal commission in England is appointed by the crown, and the
commissions usually issue from the office of the executive government
which they specially concern. The objects of the inquiry are carefully
defined in the warrant constituting the commission, which is termed the
"reference." The commissioners give their services gratuitously, but
where they involve any great degree of professional skill compensation
is allowed for time and labour. The expenses incurred are provided out
of money annually voted for the purpose. Unless expressly empowered by
act of parliament, a commission cannot compel the production of
documents or the giving of evidence, nor can it administer an oath. A
commission may
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