Black Marketing (Prescribed Authorities) Regulations

Legislation au C1945L00065 Regulations Not in force Legislative Instrument

Legislation content

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.

 

Overview

The Black Marketing (Prescribed Authorities) Regulations, made in 1945 under the authority of the Governor-General, provide a framework for the enforcement of the Black Marketing Act 1942. The primary purpose of these regulations is to address the issue of black marketing that arose during wartime, ensuring that prescribed authorities have the necessary powers to conduct inquiries and investigations effectively. Enacted by the Commonwealth of Australia, these regulations aim to streamline the process of gathering evidence and information related to black marketing activities. They grant specified authorities the power to search premises, obtain documents, summon witnesses, and enforce compliance with inquiries, all while ensuring the rights and protections of those involved in the proceedings are upheld.

Scope and Application

The Black Marketing (Prescribed Authorities) Regulations, made under the Black Marketing Act 1942, apply to authorised personnel who act on behalf of a prescribed authority, which is defined in the Act as an individual or entity tasked with conducting investigations related to black marketing activities. These regulations pertain to actions that such authorised personnel can take, including entering and searching premises, obtaining documents, and summoning witnesses. They also cover the rights and obligations of these authorities, such as the retention and return of documents, and the confidentiality of information obtained. The regulations extend to any person who is required to provide information or attend before a prescribed authority in relation to an inquiry, imposing obligations to comply with notices and summonses and to provide evidence. Additionally, the regulations protect witnesses from certain liabilities and ensure that their statements are not admissible against them in other legal proceedings. The geographic and jurisdictional reach of these regulations is nationwide, as they are federal regulations under Australian law. There are no stated exclusions or exemptions in these regulations, which means they apply broadly to any person or entity involved in an inquiry under the Black Marketing Act 1942. The regulations themselves do not extend or restrict their application through subordinate instruments, as they are specific to the powers and duties of prescribed authorities and the persons involved in inquiries.

Key Provisions

The Black Marketing (Prescribed Authorities) Regulations 1945 outline the powers and procedures for prescribed authorities under the Black Marketing Act 1942. These regulations specifically focus on the actions and rights of these authorities in conducting inquiries and investigations related to black marketing activities. Section 3(1) allows authorised persons to enter and search premises, take possession of relevant documents, and use force if necessary, provided they have written authorisation from a prescribed authority. These documents must then be delivered to the prescribed authority and can be retained for a necessary duration, with the original owner entitled to certified copies (section 3(2) and (3)). The regulations also impose obligations on individuals and entities. They must provide requested information about assets and properties related to the inquiry (section 4(1)) and comply with summons to produce documents and testify (sections 5 and 7). Witnesses are required to attend, produce documents, be sworn in, and provide truthful testimony (sections 6, 7, and 10). Failure to comply with these obligations can result in penalties of up to one hundred pounds or imprisonment for six months (sections 4(3), 7, 8, and 10). Additionally, the regulations establish consequences for breaches. These include fines and imprisonment for obstructing authorised persons, failing to provide information, failing to attend or produce documents, refusing to be sworn or give evidence, and providing false testimony (sections 3(4), 4(3), 7, 8, and 10). The regulations also protect witnesses by ensuring their statements cannot be used against them except in specific circumstances (section 9) and by providing for their expenses and protection (sections 11 and 12). Prescribed authorities are granted immunity similar to that of High Court justices, and publications of inquiry reports or proceedings are protected from legal action if done in good faith (sections 14 and 15).

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Area of Law
Criminal Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Enforcement Powers
Reporting & Disclosure Obligations
Protection of prescribed authority

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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.