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The Criminal Code Act 1899 - Ozcase Queensland Historical Legal ...

The Criminal Code Act 1899 - Ozcase Queensland Historical Legal ...

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CRIMINAL CODE SS, 442~442~ 141<br />

authorise or join with another in authorising the appointment<br />

of the person. offering or solicited as trustee, director,<br />

manager, or official,<br />

and with the intent that the gift or receipt of such valuable con side ratio^<br />

is not to be made known to the person advised, is an offence; but this<br />

subsection shall not apply when such first-mentioned person is the agent<br />

of the person offering or solicited.<br />

Inserted by <strong>Criminal</strong> <strong>Code</strong> (Prohibition of Secret Commissions) and Furtber<br />

Amendment <strong>Act</strong> of 1931, 22 Geo. 5 No. 40, s. 6.<br />

~ € ! Any ~ ~ person * who offers or gives any valuable considerati<br />

trustee, or any trustee who receives or solicits any valuable consideration<br />

€or himself or for any other person, without the assent of the persons<br />

beneficially entitled to the estate or of a judge of the Supreme Court, as an<br />

inducement or reward for appointing or having appointed, or €or joining<br />

or having joined with another in appointing, or for authorising or having<br />

authorised, or for joining or having joined with another in authorising,<br />

any person to be appointed in his stead or instead of him and any other<br />

person as trustee, is guilty of an offence.<br />

Inserted by <strong>Criminal</strong> <strong>Code</strong> (Prohibition of Secret Commissions) and Further<br />

Amendment <strong>Act</strong> of 1931, 22 Geo. 5 No. 40, s. 7.<br />

2G. o~~~y, h y director,<br />

manager, or officer of a company, or any oficer or member of the crew<br />

of any vessel, or any prsonz acting for another, who knowingly takes part<br />

in or is in any way privy to doing, or attempts to do, any act or thing<br />

without authority which, if authorised, would be in contraventio~ of my<br />

of the provisions of this Chapter, is guilty of an offence.<br />

Inserted by <strong>Criminal</strong> <strong>Code</strong> (Prohibition of Secret Commissions) and Further<br />

Amendment <strong>Act</strong> of 1931, 22 Geo. 5 No. 40, s. 8.<br />

emm. All proceedings in respect of offences against this<br />

Chapter shall, subject as hereinafter provided, be heard and determined<br />

in a summary way by complaint under <strong>The</strong> Justices <strong>Act</strong>s, 1886 to<br />

1929:<br />

y Jwy, Provided always thata><br />

If the police magistrate or justices before whom my person<br />

is brought, charged with any of the offences hereinbe~or~ in<br />

this Chapter defined, is or are of opinion that there ought to<br />

be a prosecution as for an indictable offence; or<br />

(b) If the person brought before such police magistrate or<br />

justices, charged with any of the offences hereinbefore in<br />

this Chapter defined, intimates to the police magistrate BT<br />

justices that line desires to be tried by a jury,<br />

the police magistrate or justices shall abstain from dealing with the case<br />

summarily and shall commit the defendant to take his trial for the indictable<br />

offence; and the offence with which the person is so charged shall<br />

be and be deemed to be an indictable offence accordingly:<br />

om. Provided further, any proceedings as aforesaid<br />

may be begun within two years after the offence is committed or<br />

within one year after the discovery of the offence, whichever is the later<br />

period.<br />

Inserted by <strong>Criminal</strong> <strong>Code</strong> (Prohibition of Secret Commissions) and Furlher<br />

Amendment <strong>Act</strong> 08f 1931, 22 Geo. 5 No. 40, s. 9; and as amended 'by Daky Produce<br />

<strong>Act</strong>s and Other <strong>Act</strong>s Amendment <strong>Act</strong> of 1934, 25 Geo. 5 No. 11, S. 11.<br />

Police magistrate now stipendiary magistrate; see Justices <strong>Act</strong>s Amenbent <strong>Act</strong><br />

of 1941, s. 4 (2).

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