High Court of Australia
uc v
R1
41 O.L.R.] OF AUSTRALIA.
(HIGH COURT OF AUSTRALIA.) THE KING
AGAINST
GATES AND ANOTHER ;
Ex Parte MALING.
ON REMOVAL FROM THE SUPREME COURT OF NEW SOUTH WALES TO THE HIGH COURT.
Constitutional Law—Inconsistency of laws—Commonwealth and State Acts—Con- tract—Construction—Trade and commerce with foreign countries or between States—Secret commission paid to agent—Evidence—Voluntary statements— The Constitution (63 & 64 Vict. c, 12), sec. 51 (1.)—Secret Commissions Act 1905 (No. 10 of 1905), sec. 4*—Secret Commissions Prohibition Act 1919 (N.S.W.) (No. 26 of 1919), sec. 3*—Judiciary Act 1903-1927 (No. 6 of 1903—No. 9 of 1927), sec. 40a.
In a prosecution for an offence under sec, 3 of the Secret Commissions Pro- hibition Act 1919 (N.S.W.) the accused was convicted of and sentenced for corruptly receiving from a certain company a sum of money as a reward for
* The Secret Commissions Act 1 provides, by sec. 4, as follows : * (1) Any person who, without the full knowledge and consent of the prin- cipal, directly or indirectly—(a) being an agent of the principal accepts 'or obtains or agrees or offers to accept or obtain from any person for himself or for any person other than the principal ; or (b) gives or agrees to give or offers to an agent of the principal or to any person at the request of an agent 'of the principal any gift or consideration as an inducement or reward—(_. ) for any act done or to be done, or any forbear- ance observed or to be observed, or any
favour or disfavour shown or to be shown, in relation to the principal's affairs or business, or on the principal's behalf ; or (it.) for obtaining or having obtained or aiding or having aided to obtain for any person an agency or contract for or with the principa!—shall be guilty of an indictable offence. Penalty : In the case of a corporation, one thousand pounds; in the case of any other person, two years' imprison- ment or five hundred pounds, or both. (2) A gift or consideration shall be deemed to be given as an inducement or reward if the receipt or any expecta- tion thereof would be in any way likely
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