Communist Party Dissolution Regulations

Legislation au C1950L00067 Regulations Not in force Legislative Instrument

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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.

 

 

 

 

Overview

The Communist Party Dissolution Regulations were enacted in 1950 as a legislative instrument under the Communist Party Dissolution Act 1950. This Act was introduced to address the perceived threat posed by the Communist Party of Australia, which was seen as undermining the democratic institutions of the country. The Regulations were made under the authority of the Governor-General in Council, acting on the advice of the Attorney-General, to provide a framework for the dissolution of the Communist Party and the management of its assets. The primary policy objective of these Regulations is to facilitate the efficient and orderly dissolution of the Communist Party, including the appointment of receivers to manage the party’s property, and to ensure that information related to the party’s activities is obtained and managed appropriately.

Scope and Application

The Communist Party Dissolution Regulations, made under the Communist Party Dissolution Act 1950, apply to receivers of unlawful associations, which in this context refers to the Communist Party and any affiliated entities. These regulations outline the powers and duties of receivers, including the authority to appoint agents for specific tasks such as collecting and controlling property, discharging liabilities, and disposing of association assets. The regulations also provide for the obtaining of information and documents relating to the association's property, payments, and transactions, with strict obligations on individuals to provide truthful information under penalty of fine or imprisonment. The geographic and jurisdictional reach of these regulations is national, as they are made under Commonwealth authority. However, any exclusions, exemptions, or thresholds are not explicitly stated in the text provided, though it can be inferred that these would be determined in the context of specific cases and the interpretation of the broader Act. The application of these regulations may be extended or restricted through subordinate instruments, though the specific details are not outlined in the provided text.

Key Provisions

The Communist Party Dissolution Regulations (1950) are subordinate legislation made under the authority of the Communist Party Dissolution Act 1950. The Regulations provide detailed mechanisms for the enforcement of the Act, specifically focusing on the roles and powers of receivers appointed under the Act. Regulation 2 defines key terms such as "receiver," which refers to an individual appointed to manage the assets of an unlawful association, and "the Act," which refers to the Communist Party Dissolution Act 1950. Regulation 3 outlines the specific powers and functions of a receiver, including the ability to collect and control property, discharge liabilities, sell or dispose of property, and manage records of the association. Regulation 4 details the powers of receivers to obtain information from individuals or corporations related to the unlawful association, including the right to question, request information, and inspect documents, with specific provisions regarding the administration of oaths and the admissibility of evidence. Under these Regulations, the primary obligations placed on receivers involve the diligent and lawful management of the assets and records of dissolved associations. Receivers must ensure that all actions taken are in accordance with the provisions of the Act and the Regulations. They are required to exercise their powers responsibly, ensuring transparency and adherence to legal standards when collecting, controlling, and disposing of property. Receivers must also comply with the requirements to obtain and verify information from relevant parties, using the powers granted under Regulation 4. Additionally, any agents appointed by receivers must also adhere to these obligations, ensuring that all actions taken are within the scope of their authority and in compliance with the Act and Regulations. Failure to comply with the requirements set out in these Regulations can result in significant consequences. Regulation 4(3) imposes penalties for refusal or failure to answer questions, provide information, or permit document inspection, with penalties including a fine of one hundred pounds or imprisonment for three months. This penalty applies to any person who knowingly provides false information or refuses to comply with the Regulations. Furthermore, Regulation 4(5) extends these powers to agents of receivers, provided they are official receivers or approved by the Attorney-General, thereby ensuring that the enforcement mechanisms are robust and enforceable. These provisions underscore the seriousness with which the Act and Regulations are intended to be enforced, ensuring that the dissolution of unlawful associations is carried out effectively and lawfully.

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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.