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CRIMINAL CODE 1899 - SECT 442M
Custom of itself no defence
442M Custom of itself no defence
(1) In any prosecution under this chapter it does not amount to a defence to
show that the receiving, soliciting, giving, or offering of any valuable
consideration therein mentioned or referred to is customary in any trade,
business, or calling.
Burden of proof that gift not secret commission
(2) If in any prosecution
under this chapter it is proved that any valuable consideration has been
received or solicited by an agent from or given or offered to an agent by any
person having business relations with the principal, without the assent of the
principal, the burden of proving that such valuable consideration was not
received, solicited, given, or offered in contravention of any of the
provisions of this chapter shall be on the accused.
Consent to prosecution
(3) No prosecution under this chapter shall be
commenced without the consent of a Crown Law Officer.
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