Communist Party Dissolution Regulations (Cth)

STATUTORY RULES

1950.

No. 67.

Regulations Under the Communist Party

Dissolution Act 1950.*

 

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 Communist Party Dissolution Act 1950.

 Dated this twentieth day of October, 1950.

 

 W. J. McKell

 Governor-General.

 

By His Excellency’s Command,

 

J. A. SPICER

Attorney-General.

Communist Party Dissolution Regulations.

Citation.

1. These Regulations may be cited as the Communist Party Dissolution Regulations.

Definitions.

2. In these Regulations, unless the contrary intention appears—

“ receiver ” means a receiver of an unlawful association appointed in pursuance of section 4 or section 8 of the Act ;

“ the Act ” means the Communist Party Dissolution Act 1950.

Agents of receiver.

3. A receiver of an unlawful association may, by writing under his hand, authorize a person to be his agent for any or all of the purposes of—

(a) collecting, getting in and controlling property of the association ;

(b) discharging the liabilities of the association ;

(c) selling or disposing of any of the property of the association ;

(d) making any arrangement or compromise which the receiver thinks expedient in relation to the property of the association ;

(e) taking possession of, collecting and disposing of books, papers, documents and records relating to, or in the possession or under the control of, the association ;

(f) giving receipts for any property collected or otherwise received by him ; and

(g)doing any matter or business which is incidental to the execution of the functions specified in the preceding paragraphs of this regulation.

 * Notified in the Commonwealth Gazette on 20th October, 1950.

5493.—Price 3D. 9/19.10.1950.

Power to obtain information,

4.—(1.) For the purpose of performing his duties under the Act, a receiver of an unlawful association may, if he reasonably believes that any person has in his possession any information or documents relating to an unlawful association, require that person, or, in the case of a corporation, any person holding office in the corporation—

(a) to answer questions ;

(b) to furnish information; and

(c) to allow the inspection of documents belonging to or in the possession of that person or corporation, as the case may be—

relating to—

(d) any property which, immediately prior to the dissolution of the unlawful association, belonged to or was held by or on behalf of the association, or as to which there is reasonable cause to believe that it belonged to, or was held by or on behalf of, the association ;

(e) any payments made directly or indirectly by, to or on behalf of, the association, or as to which there is reasonable cause to believe that they have been so made ; or

(f) any transactions to which the association was, or is reasonably believed to have been, a party.

(2.) The receiver may require the information to be given, or the questions to be answered, on oath and either orally or in writing, and for that purpose may administer an oath.

(3.) A person shall not, when so required under this regulation—

(a) refuse or fail to answer any question, furnish any information or permit inspection of any documents ;

(b) give any information or make any answer which is false in any particular.

 

Penalty : One hundred pounds or imprisonment for three months.

 

(4.) If a person objects to answer a question asked of him in pursuance of this regulation, on the ground that the answer might tend to incriminate him or make him liable to any penalty and the interrogator informs that person of his liability under this regulation to answer the question, any answer given by that person 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.

(5.) The powers conferred upon a receiver of an unlawful association by the preceding provisions of this regulation may be exercised by an agent of a receiver appointed in pursuance of regulation 3 of these Regulations, if the agent is an official receiver appointed under section 12 of the Bankruptcy Act 1924-1948 or if he is a person approved for the purposes of this regulation by the Attorney-General.

  

By Authority: L. F. JOHNSTON, Commonwealth Government Printer, Canberra.