Australian Industries Preservation Act 1907

Legislation au C1908A00005 Not in force Act

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AUSTRALIAN INDUSTRIES PRESERVATION.

 

No. 5 of 1908.

An Act to amend the Australian Industries Preservation Act 1906.

[Assented to 14th April, 1908.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows :—

Short title.

1. This Act may be cited as the Australian Industries Preservation Act 1907, and this Act and the Australian Industries Preservation


Act 1906 (in this Act called the Principal Act) shall be read together and may together be cited as the Australian Industries Preservation Acts 1906-1907.

Definition.

2. Section three of the Principal Act is amended by adding at the end thereof the following
words :—

“The Comptroller-General” means the Comptroller-General of Customs.

“Answer questions” means that the person on whom the obligation of answering questions is cast shall to the best of his knowledge information and belief truly answer all questions on the subject mentioned that the Comptroller-General or the person named by him shall ask.

“Produce documents” means that the person on whom the obligation to produce documents is cast shall to the best of his power produce to the Comptroller-General or to the person named by him all documents relating to the subject-matter mentioned.

Amendment.

3. Section thirteen of the Principal Act is amended by adding after the words “indictable offence” and within the brackets in sub-section one thereof the words “nor an offence against sections fifteen b, fifteen c, or fifteen e of this Act.”

4. Part II. of the Principal Act is amended by inserting therein after section fifteen the following sections :—

Burden of proof.

Cf. 1901, No. 6 s. 255.

 “15a. In any prosecution for an offence against sections four, five, seven, eight, or nine of this Act the averments of the prosecutor contained in the information declaration or claim shall be deemed to be proved in the absence of proof to the contrary, but so that—

(a) the averment in the information of intent shall not be deemed sufficient to prove such intent, and

(b) in all proceedings for an indictable offence the guilt of the defendant must be established by evidence.

Power to require persons to answer questions and produce documents.

Cf. 1901, No. 6 ss. 38, 234.

 “15b. (1.) If the Comptroller-General believes that an offence has been committed against this Part of this Act, or if a complaint has been made in writing to the Comptroller-General that an offence has been committed against this Part of this Act and the Comptroller-General believes that the offence has been committed, he may by writing under his hand require any person whom he believes to be capable of giving any information in relation to the alleged offence to answer questions and to produce documents to him or to some person named by him in relation to the alleged offence.

(2.) No person shall refuse or fail to answer questions or produce documents when required to do so in pursuance of this section.

Penalty: Fifty pounds.

(3.) The Comptroller-General or any person to whom any documents are produced in pursuance of this section may take copies of or extracts from those documents.


(4.) No person shall be excused from answering any questions or producing any documents when required to do so under this section on the ground that the answer to the question or the production of the document might tend to criminate him ; but his answer shall not be admissible in evidence against him in any civil or criminal proceeding other than a proceeding for an offence against this Part of this Act.

Production of documents, &c.

Cf. 1901, No. 6 s. 214.

 “15c. (1.) Whenever a complaint on oath has been made in writing to the Comptroller-General that any person or any foreign corporation or any trading or financial corporation formed within the Commonwealth has been guilty of any offence against this Part of this Act, the Comptroller-General, if he believes the complaint to be well founded, may, by writing, require any such person or foreign corporation or trading or financial corporation or any member, officer or agent of any such corporation, to produce and hand over to him or to some person appointed by him in writing all books and documents relating to the subject-matter of the complaint and all books and documents of any kind whatsoever wherein any entry or memorandum appears in any way relating to the subject-matter of the complaint.

(2.) Every person or foreign corporation, or trading or financial corporation, required by the Comptroller-General as aforesaid to produce to him or to some person appointed by him in writing any books or documents shall forthwith produce and hand over such books or documents accordingly.

Penalty: One hundred pounds.

(3.) The Comptroller-General or any person appointed by him in writing may inspect all books and documents produced in pursuance of this section and may make copies of or extracts from those books or documents.

Comptroller-General may impound documents

Cf. 1901, No. 6 s. 215.

 “15d. The Comptroller-General may impound or retain any book or document produced to him or to any person so appointed by him in pursuance of the preceding section, but the person or corporation otherwise entitled to such book or document shall in lieu thereof be entitled to a copy certified as correct by the Comptroller-General, and such certified copy shall be receivable in all Courts as evidence and of equal validity with the original. And until such certified copy is supplied the Comptroller-General may at such times and places as he shall think proper permit such person, or in the case of a corporation any person appointed for the purpose by the corporation, to inspect and take extracts from the books or documents so impounded or retained.

Information not to be disclosed.

“15e. No person shall disclose any information gained by him in the exercise of the powers conferred by the last three preceding sections except—

(a) to the Attorney-General, or some person authorized by him;

(b) to the Comptroller-General;

(c) when giving evidence in any proceeding for an offence against this Part of this Act.

Penalty: Fifty pounds.”

Overview

The Australian Industries Preservation Act 1907, enacted by the Parliament of the Commonwealth of Australia, serves as an amendment to the Australian Industries Preservation Act 1906. This Act aims to further protect and promote the growth of local industries by addressing certain gaps in the original legislation. The primary objective of this amendment is to enhance the enforcement mechanisms against violations related to the preservation of Australian industries, including the strengthening of the burden of proof and the powers granted to the Comptroller-General in investigating potential offences. This Act, when read together with the Principal Act, seeks to ensure the comprehensive safeguarding of Australian industries against any detrimental activities. The Australian Industries Preservation Act 1907 introduces amendments to the existing framework by modifying the definitions, penalties, and enforcement procedures. By deeming certain averments in prosecutions as proved unless disproven, the Act ensures a more streamlined legal process. Moreover, it grants the Comptroller-General the authority to require individuals to answer questions and produce relevant documents, thus facilitating better investigation and enforcement of the Act’s provisions. The Act also outlines stringent penalties for non-compliance and mandates the production of documents upon request, with the Comptroller-General having the right to inspect and retain copies of these documents. Additionally, it imposes strict confidentiality requirements on the information obtained during investigations, ensuring that such information is used solely for the purpose of prosecuting offences under the Act.

Scope and Application

The Australian Industries Preservation Act 1907 applies to any person, foreign corporation, or trading or financial corporation formed within the Commonwealth. This legislation is concerned with the preservation of Australian industries and provides for the regulation of trade practices that may be detrimental to domestic industries. It extends across the national jurisdiction of the Commonwealth, thereby having a broad reach that encompasses various industries and entities within Australia. The Act includes provisions for the Comptroller-General to require individuals and corporations to provide information and documents related to alleged offences under the Act, and it stipulates that failure to comply with such requirements may result in penalties. Additionally, the Act outlines specific exemptions and thresholds for certain offences, such as the burden of proof in prosecutions and the circumstances under which documents may be impounded. The scope of the Act may be extended or restricted through subordinate instruments, allowing for flexibility in its application and enforcement.

Key Provisions

The Australian Industries Preservation Act 1907 amends the Australian Industries Preservation Act 1906 by introducing several significant changes and additions. Firstly, the Act redefines certain terms and extends the scope of offences under the legislation. For instance, section 13 of the Principal Act is amended to exclude specific sections from being considered indictable offences, thus broadening the scope of enforcement. Additionally, sections 15a to 15e are introduced to enhance the regulatory powers of the Comptroller-General of Customs. These new sections include provisions for the burden of proof in certain prosecutions, the power to require individuals to answer questions and produce documents, and the ability to impound and inspect documents related to alleged offences. The Act imposes several obligations on individuals and entities governed by it. For instance, section 15b mandates that any person required to answer questions or produce documents must comply with the Comptroller-General's request. Failure to do so is subject to a penalty of fifty pounds. Similarly, section 15c requires individuals, corporations, and their officers or agents to produce all relevant books and documents when requested by the Comptroller-General. Non-compliance with this requirement carries a penalty of one hundred pounds. Furthermore, section 15e restricts the disclosure of information obtained during the exercise of these powers, allowing it only to specific authorised persons or in relevant legal proceedings. Breaches of the Act's provisions result in specific penalties and potential legal consequences. For instance, refusal to answer questions or produce documents under section 15b is punishable by a fine of fifty pounds. Similarly, failure to produce books and documents as required under section 15c carries a penalty of one hundred pounds. Additionally, unauthorised disclosure of information obtained under the powers granted by sections 15b to 15d is also subject to a fifty-pound penalty, as stipulated in section 15e. These penalties serve as deterrents against non-compliance and ensure the enforcement of the Act's provisions.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.