598699-1939-Supplementary-Draft-Bills--Dangerous-Goods-Amendment-Pensions-Amendment — Page 3

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was a provision in the Petroleum Act, 1871, corresponding to sub-section (4) of section 10 of the principal Ordinance but this provision does not appear in the Petroleum (Con- solidation) Act, 1928, which repealed the 1871 Act, and it is therefore proposed to repeal this sub-section which imposes heavy penalties for breach of any licence condition, however small in importance.

4. Clause 4 of the Bill also adds three new sub-sections to section 18A. The new sub-section (4) makes any servant or agent of a person licensed under the principal Ordinance to have possession of dangerous goods liable in the same way as the licensee. The new sub-section (5), conversely, makes a licensee liable for an offence committed by his servant or agent unless the licensee proves that he did not abet or consent to the commission of the offence and that he had taken all reasonable steps to prevent it. The proviso to this sub-section prevents any licensee from being sent to prison on incurring such vicarious liability. The new sub-section (6) provides for cancellation of the licence held by a person convicted of an offence against the principal Ordinance.

C. G. ALABASTER,

June, 1939.

Attorney General.