Commonwealth Bank Regulations (Amendment) (Cth)

STATUTORY RULES.

1928. No. 128.

REGULATIONS UNDER THE COMMONWEALTH BANK ACT 1911-1927.

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 CommonwealthBank Act 1911-1927, to come into operation forthwith.

Dated this twenty-seventh day of November, 1928.

STONEHAVEN

Governor-General.

By His Excellency’s Command,

C. W. C. MARR

for Treasurer.

 

Commonwealth Bank Regulations.

(Statutory Rules 1928, No. 78, as amended to this date.)

Date of dismissal after suspension.

1. After Regulation 9 of the Commonwealth Bank Regulations the following regulation is inserted:—

“9a. If any officer of the Bank be dismissed the service for any offence for which he has previously been suspended, his dismissal shall, if the Board so decides, be deemed to operate from the date of suspension or from such date subsequent to suspension as the Board determines.”

2. Regulation 16 of the Commonwealth Bank Regulations is amended by omitting the words “or such other form as the Directors think fit”.

3. After Regulation 42 of the Commonwealth Bank Regulations the following regulations are inserted:—

Sittings of Appeal Board.

“42a. (1) The sittings of the Appeal Board shall be held at such time and place as is decided by the Chairman of the Appeal Board and approved by the Board of Directors or the Governor.

(2) The proceedings of the Appeal Board shall be in camera.

(3) An appeal shall be in the nature of a re-hearing.

Copies of charges to be furnished to Appeal Board and appellant.

“42b. The Bank shall, if required in writing by the appellant, furnish to the Appeal Board and to the appellant particulars of any charges made or offences alleged against the appellant. Such particulars shall be furnished at least seven days before the sittings of the Appeal Board on which the appeal comes on for hearing, but the Chairman of the Appeal Board may direct that they be furnished at an earlier date.

2781.—Price 3d.

 

Hearing of appeal.

“42c. (1) The appellant and the Bank respectively may lodge with the Appeal Board written and signed statements in support of, or in opposition to, the appeal. Copies of the statements shall also be furnished by the appellant or the Bank, as the case may be, to the other party.

(2) The Appeal Board may in any case direct that any such statement shall be in the form of a Statutory Declaration.

(3) Upon the hearing of the appeal, the Appeal Board may require the appellant or any other officer of the Bank or any other person to attend before it and be orally examined by the members of the Appeal Board.

(4) Neither the appellant nor the Bank shall have the right to call oral evidence or to examine or cross-examine any witness.

(5) The appellant may appear upon the hearing either in person or by a representative being an officer of the Bank, and the Bank may appear by an officer appointed for the purpose by the Governor of the Bank. The appellant or his representative and the officer representing the Bank shall be entitled to address the Appeal Board on the merits of the appeal and the evidence submitted.

(6) Any statement or document which is deemed relevant by the Appeal Board may be admitted in evidence whether or not such statement or document would be admissible in a court of law.

Decisions to be by majority.

“42d. All decisions of the Appeal Board whether upon questions arising before or during the hearing of the appeal, or as to the report to be made to the Board of Directors of the Bank, shall be by majority, but a dissenting member may record the grounds of his dissent.

Appellant may peruse report.

“42e. The Board of Directors may permit the appellant to peruse the report of the Appeal Board.

Payment of appellant’s expenses.

“42f. All costs, expenses and losses of the appellant in connexion with the appeal shall be borne by him, but the Appeal Board may, if it thinks fit, recommend to the Board of Directors that all or any part of such costs, expenses or losses be paid by the Bank, and the Board of Directors, if it approves of such recommendation, may make the payment to the appellant accordingly.”

4. The schedule to the Commonwealth Bank Regulations is amended—

(a) by omitting from Form Q the word “folio”; and

(b) by omitting from Form V the word and figures “Regulation 33 (1)” and inserting in their stead the word and figures Regulation 33”.

 

By Authority: H. J. Green, Government Printer, Canberra.