STATUTORY RULES.
1945. No. 65.
REGULATIONS UNDER THE BLACK MARKETING ACT 1942.*
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 Black Marketing Act 1942.
Dated
this second day of May, 1945.
HENRY
Governor-General.
By His Royal Highness’s Command,
JOHN
A. BEASLEY
for and on
behalf of the Attorney-General.
Black Marketing (Prescribed Authorities) Regulations.
Citation.
1. These Regulations may
be cited as the Black Marketing (Prescribed Authorities) Regulations.
Definitions.
2. In these Regulations—
“inquiry” means an inquiry and investigation
which is being made or is proposed to be made by a prescribed authority;
“prescribed
authority” means a prescribed
authority as defined in sub-section (12.) of section 4 of the Act to whom a
question has been referred in pursuance of sub-section (9.) of that section;
“the
Act” means the Black Marketing Act 1942;
“the
convicted person” in relation to any inquiry, means the person out of whose
conviction the inquiry arises.
Access
to buildings and places.
3.—(1.) Any person specifically authorized in writing by a
prescribed authority to act on his behalf under this regulation may—
(a) enter and search any building or
place in or at which he has reason to believe there are any goods or any books,
documents or other papers relating to the subject-matter of an inquiry;
(b) make copies of, or extracts from, or
take possession of, any such books, documents or papers; and
(c) if necessary, break into and use
force to enter any building or place which he is authorized to enter.
(2.) An authorized person who, in
pursuance of the last preceding sub-regulation, takes possession of any books,
documents or papers shall forthwith deliver them to the prescribed authority.
* Notified in the Commonwealth
Gazette
on 3rd
May, 1945.
129.—Price 3d.
(3.) The prescribed authority may
retain, for such time as he thinks necessary, any books, documents or papers
coming into his possession in pursuance of this regulation, and may make or
cause to be made copies of or extracts from them, but the person entitled to
those books, documents or papers shall be entitled within a reasonable time to
a copy of any of such books, documents or papers or of any part thereof or
entry therein certified under the hand of the prescribed authority, and such
certified copy shall be received in all Courts as evidence of equal validity as
the original.
(4.) A person authorized under
sub-regulation (1.) of this regulation shall not communicate any information
acquired by him in the exercise of any power under this regulation to any
person other than a prescribed authority.
Penalty: Fifty pounds or
imprisonment for three months.
(5.) A person shall not obstruct or
hinder any person in the exercise of the powers conferred by this regulation.
Penalty: One hundred pounds or
imprisonment for six months.
Power
to obtain particulars of assets.
4.—(1.) The prescribed
authority may, by notice in writing under his hand, require any person to
furnish to him, within a time specified in the notice, information, including
such particulars (if any) as are specified in the notice, verified by statutory
declaration under the hand of that person or, where the person is a bank or
company, under the hand of a responsible officer of the bank or company, as to
any moneys, property or assets of any kind whatsoever which that person holds
or has held on behalf or in the name of the convicted person or of any other
person specified in the notice being a person who, in the opinion of the
prescribed authority, is or may be a nominee of the convicted person or has or
may have derived moneys, property or assets from the convicted person.
(2.) A notice under this regulation
may be served by delivering it personally to the person to whom it is addressed
or by posting it by prepaid registered post to the usual or ordinary place of
business of that person or, if there is more than one such place of business,
to any one of those places of business.
(3.) A person who has been served
with a notice under this regulation shall not, without reasonable cause, refuse
or fail to comply with the notice.
Penalty: One hundred pounds or
imprisonment for six months.
Power
to send for witnesses and documents.
5.—(1.) A prescribed
authority may, by writing under his hand, summon any person to attend before
the prescribed authority at a time and place mentioned in the summons and then
and there to give evidence and to produce all books, documents or papers in his
custody or control relating to the subject-matter of an inquiry, or such of
those books, documents or papers as are specified in the summons.
(2.) A summons under this
regulation shall be served personally or by leaving it at the usual place of
abode or business of the person to whom it is addressed.
Power
to examine upon oath or affirmation.
6. A prescribed authority
may administer an oath or affirmation to any person appearing as a witness
before the prescribed authority, whether the witness has been summoned or
appears without being summoned, and may examine the witness upon oath or
affirmation.
Failure
to attend or produce documents.
7. A
person served with a summons to attend before a prescribed authority shall not
fail, without reasonable excuse, to attend in accordance with the summons or to
produce any books, documents or papers which he is required by the summons to
produce.
Penalty: One hundred pounds or
imprisonment for six months.
Refusal
to be sworn or give evidence.
8. A person appearing as a
witness before a prescribed authority shall not refuse to be sworn or to make
an affirmation or to answer any questions relevant to the inquiry put to him by
the prescribed authority.
Penalty: One hundred pounds or
imprisonment for six months.
Statements
made by witness not admissible in evidence against him.
9. A statement or
disclosure made by any witness before a prescribed authority shall not, except
in proceedings for an offence against these Regulations or arising out of
regulation 11 of these Regulations, be admissible in evidence against him in
any civil or criminal proceedings in any court.
False
testimony.
10. A witness before a
prescribed authority shall not knowingly give false testimony in any evidence
given by him to the prescribed authority.
Penalty: One hundred pounds or
imprisonment for six months.
Protection
and liabilities of witnesses.
11. A witness before a
prescribed authority shall have the same protection and shall, in addition to
any penalties provided by these Regulations, be subject to the same liabilities
in any civil or criminal proceedings, as a witness in any matter before the High
Court.
Witnesses’
expenses.
12.—(1.) The witnesses
summoned to attend, and attending, before a prescribed authority may be paid
allowances in accordance with the scale of witnesses’ expenses prescribed for witnesses appearing before the
High Court.
(2.) In the application of the
scale to any such witness, the prescribed authority shall have, and may
exercise, all the powers and functions of the taxing officer under that scale.
Counsel.
13. The Attorney-General,
the convicted person and, with the approval of the prescribed authority, any
other person concerned in any inquiry may, either personally or by counsel or
solicitor, appear before the prescribed authority, examine and cross-examine
witnesses and address the prescribed authority.
Protection
of prescribed authority.
14. A prescribed authority
shall, in the exercise of his functions under the Act and these Regulations,
have the same protection and immunity as a justice of the High Court.
Protection
of reports and proceedings.
15. No action or
proceedings, whether civil or criminal, shall lie against any person for
publishing in good faith for the information of the public—
(a) a copy of or a fair extract from, or
a fair abstract of, any report made by a prescribed authority; or
(b) a fair and accurate report of any
proceedings before a prescribed authority.
Inquiries
to be in public.
16. An inquiry shall be
conducted in public unless the prescribed authority, in special circumstances,
directs that the inquiry or any part thereof be conducted in private.
By
Authority: L. F. Johnston, Commonwealth
Government Printer, Canberra.