Banking (Gold) Regulations (Cth)

STATUTORY RULES.

1946. No. 190.

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REGULATIONS UNDER THE BANKING ACT 1945.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Banking Act 1945.

Dated this eighteenth day of December, 1946.

HENRY

Governor-General.

By His Royal Highness’s Command,

J. B. CHIFLEY

Treasurer.

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Banking (Gold) Regulations.

Citation.

1. These Regulations may be cited as the Banking (Gold) Regulations.

Commencement.

2. These Regulations shall come into operation on the thirty-first day of December, 1946.

Delivery of gold.

3.—(1.) The prescribed amount referred to in sub-section (1.) of section 32 of the Banking Act 1945 shall be Twenty-five pounds.

(2.) The person who is required, in pursuance of section 32 of the Banking Act 1945, to deliver gold, may deliver that gold to any person specified in the Schedule to these Regulations.

Power to obtain information.

4.— (1.) The Minister may, by notice in writing served on any person (including any officer employed in or in connexion with any department of a Government or by a local authority), require that person—

(a) to furnish to the Minister, or to such other person as the Minister directs, such information as the Minister or that other person requires; and

(b)to attend and give evidence before the Minister, or such other person as the Minister directs,

with respect to any act, transaction, matter or thing prohibited by Part IV. of the Banking Act 1945, or to which any provision of that Part applies, and may require him to produce all books, documents and other papers in his custody or under his control relating thereto.

* Notified in the Commonwealth Gazette on 19th December, 1946.

7701.—Price 3d.

 

(2.) The Minister may require the information or evidence to be given on oath or affirmation and either orally or in writing and for that purpose the Minister or person before whom the evidence is given may administer an oath.

(3.) A person shall not—

(a) refuse or fail to comply with any requirement made in pursuance of sub-regulation (1.) or (2.) of this regulation; or

(b)with intent to evade the provisions of these Regulations, destroy, mutilate, deface, secrete or remove any book, document or other paper.

(4.) Where any person is obliged to answer questions orally under this regulation, he shall not refuse to answer any question on the ground that the answer might tend to incriminate him or make him liable to any penalty but the answer given by him shall not be admissible in evidence in any proceedings against him other than proceedings in respect of the falsity of the answer or in respect of the refusal or failure to answer the question.

Declaration by travellers.

5.—(1.) Any person who is about to leave Australia (in this regulation referred to as “the traveller”) shall, if requested so to do by an officer—

(a) declare whether or not he has with him any gold; and

(b)produce any gold which he has with him.

(2.) The officer, and any person acting under his directions, may search the traveller and examine and search any article which the traveller has with him for the purpose of ascertaining if he has with him any gold and may seize any gold found upon the examination or search unless the officer is satisfied that the traveller has not the gold with him for the purpose of being taken or sent out of Australia in contravention of the Banking Act 1945.

(3.) A female shall not be searched in pursuance of the last preceding sub-regulation except by a female.

(4.) Any officer, and any person acting under his directions, may go on board any ship or aircraft for the purpose of exercising the powers conferred on him by this regulation, and may also examine or search the ship or aircraft and any goods found thereon, for the purpose of ascertaining whether there is on board the ship or aircraft any gold, for the purpose of being taken or sent out of Australia in contravention of the Banking Act 1945.

(5.) Any officer may seize any gold found on any such examination or search which, in the opinion of the officer, is in the possession of any traveller, or on board the ship or aircraft, for the purpose of being taken or sent in contravention of the Banking Act 1945.

(6.) In this regulation, “officer” means officer of Customs, immigration officer or constable, and includes any person authorized by the Treasurer or the Bank to act as an officer for the purposes of this regulation.

 

THE SCHEDULE.

Reg. 3.

Bank of New South Wales;

The Commercial Banking Company of Sydney Limited;

The Union Bank of Australia Limited;

The Bank of Australasia;

The Queensland National Bank Limited;

The National Bank of Australasia Limited;

The English, Scottish and Australian Bank Limited;

The Commercial Bank of Australia Limited;

The Bank of Adelaide;

Comptoir National d’Escompte de Paris;

Bank of New Zealand;

Bank of China;

The Deputy Master of the Branch of the Royal Mint at Melbourne;

The Deputy Master of the Branch of the Royal Mint at Perth;

Electrolytic Refining and Smelting Company of Australia Proprietary Limited;

Garrett and Davidson Proprietary Limited.

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