Treaty of Peace Regulations (Amendment) (Cth)

STATUTORY RULES.

1921. No. 200.

REGULATIONS UNDER THE TREATY OF PEACE (GERMANY) ACT 1919‑1920.

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 Treaty of Peace (Germany) Act 1919‑1920, to come into operation forthwith.

Dated this eleventh day of October, 1921.

FORSTER,

Governor‑General.

By His Excellency’s Command,

W. MASSY GREENE,

Minister of State for Trade and Customs.

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Amendment of the Treaty of Peace Regulations.

(Statutory Rules 1920, No. 25, as amended to this date.)

The Treaty of Peace Regulations are amended by inserting therein after regulation 15 the following regulations:—

Inspection of documents;

“15a. (1) Where it appears to a Justice of the Peace that an offence has been, or is likely to be, committed by any person, firm or company against these Regulations, or that it is desirable for the purpose of these Regulations to inspect the books and documents of any person, firm or company, he may, upon information on oath made by a proper authority, by warrant authorize any person named in the warrant—

(a) to inspect, and if thought fit impound, any books or documents belonging to or in the possession or control of the person, firm or company; and

(b) to require any person whom the proper authority believes to be able to give information or produce books or documents respecting the business or trade of the person, firm or company to give such information or produce such books or documents.

“(2) Where a proper authority certifies in writing that in relation to any person, firm, or company it is desirable on account of urgency that any or all of the powers contained in paragraphs (a) and (b) of sub‑regulation (1) of this regulation should be exercised without prior application to a Justice of the Peace for the issue of a warrant, the proper authority may by writing under his hand authorize any person named in the writing to exercise all or any of the powers contained in the said paragraphs.

C.14899.—Price 3d.

“(3) Any person who obstructs or interferes with any person authorized under regulation (1) or sub‑regulation (2) of this regulation in the exercise of any power conferred upon him in pursuance of this regulation, or who refuses or fails to produce any book or document or to give any information when required to do so in pursuance of this regulation shall be guilty of an offence.

Penalty: Five hundred pounds or imprisonment for one year, or both.

“(4) Where a person has given any information to a person authorized under this regulation to inspect the books and documents belonging to or in the possession or control of any person, firm or company, the information so given may be used in evidence against him in any proceedings relating to offences against these Regulations, notwithstanding that he only gave the information on being required to do so by the authorized person in pursuance of his powers under this regulation.

“(5) For the purposes of this regulation “proper authority” means the Controller, the Public Trustee, or the Custodian of Expropriated Property appointed under regulation 32 of these Regulations.

Incriminating answer or production of documents.

“15b. No person shall in any proceeding for an offence against these Regulations be excused from answering any question or producing any book or document on the ground that the answer or production may criminate or tend to criminate him, but his answer shall not be admissible in evidence against him in any criminal proceeding other than a prosecution for perjury or proceedings under these Regulations.”

 

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