Financial Agreements Enforcement Regulations

Legislation au C1932L00034 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1932. No. 34.

 

REGULATIONS UNDER THE FINANCIAL AGREEMENTS ENFORCEMENT ACT 1932.

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 Financial Agreements Enforcement Act 1932, to come into operation forthwith.

Dated this eleventh day of April, 1932.

ISAAC. A. ISAACS

Governor-General.

By His Excellency’s Command,

J. A. LYONS

Treasurer.

 

Financial Agreements Enforcement Regulations.

Short title

1. These Regulations may be cited as the Financial Agreements Enforcement Regulations.

Definition of “Documents.”

2. For the purposes of these Regulations “Documents” includes returns, assessments, notices of assessment, reports, books, records and any other documents or copies of documents relating to or containing any information concerning any specified revenue of a State, or any revenue paid or payable to a State of such a kind, that if it were payable after the issue of a proclamation under section seven of the Financial Agreements Enforcement Act 1932 would be specified revenue of a State.

Returns to be furnished.

3. —(1.) The Treasurer may, by notice published in the Gazette, require that such returns as are specified in the notice, being returns required by or under any Act of the State of New South Wales (being a State in relation to which the provisions of sections seven to thirteen (inclusive) of Part II. of the Financial Agreements Enforcement Act 1932 apply) specified in the notice, and relating to the collection of any of the following specified revenue of that State—

(i) revenue from taxation on or in relation to betting (other than stamp duties on betting tickets) and from taxation imposed on racing clubs and associations and bookmakers;

(ii) revenue from taxation upon payments for admission to race courses;

(iii) revenue from taxation imposed on or in relation to totalisators;

(iv) revenue from taxation on or in relation to the holding of, or admission to, any entertainment, or of or to anything in the nature of an entertainment;

(v) revenue from taxation upon incomes (but not including revenue from taxation imposed by the Unemployment Relief Tax Act 1931 of the State of New South Wales);

be furnished to the Treasurer or to such person as is specified in the notice.

1102.—Price 3d.


(2.) The Treasurer may in any notice published by him under the last preceding sub-regulation specify the time within which, and the manner in which any return required to be furnished in pursuance of the notice shall be so furnished.

Power to require production of documents.

4. Every Minister of, or officer or person employed by, the State shall, whenever requested by the Treasurer by notice published in. the Gazette or served upon the Minister officer or person, produce and hand over all documents specified or indicated in the notice which are in his custody or control or in his apparent custody or control.

Power to enter premises and take possession of documents.

5. Any officer of the Commonwealth, thereto authorized in writing by the Treasurer, or any officer of the Commonwealth of any class which is thereto authorized in writing by the Treasurer, may enter, if necessary by force, and search, any premises containing or reasonably suspected to contain any documents, and to take possession of and retain for the purposes of the Financial Agreements Enforcement Act 1932 all such documents found in any such premises.

Contravention of Regulations, &c.

6. Any Minister of, or officer or person employed by, a State, and any person, who refuses or fails to comply with any requirement of any notice published under the foregoing Regulations, or who refuses or fails to comply with any provision of the foregoing Regulations, shall be guilty of a contravention of these Regulations.

Penalty: One hundred pounds or imprisonment for six months.

Power of State officer to inspect documents.

7. Any officer of a State thereto authorized in writing by a Minister of a State, or by the Commissioner of Taxation of a State, may, for the purpose of assessing or otherwise determining or ascertaining the amount of specified revenue paid or payable by any person, have access at any reasonable time to, and use, any document which has come into the possession of the Treasurer, or any officer of the Commonwealth, or any authorized person, in pursuance of these Regulations.

 

By Authority: H. J. Green, Government Printer, Canberra.

Overview

The Financial Agreements Enforcement Regulations, enacted in 1932, were introduced to enforce financial agreements between the Commonwealth and the States under the Financial Agreements Enforcement Act 1932. The regulations were made by the Governor-General in Council, acting on the advice of the Federal Executive Council. The policy objective behind these regulations is to ensure compliance with financial agreements, particularly in relation to the collection of specified revenue from taxation on betting, race courses, totalisators, and entertainments. The regulations provide mechanisms for the Commonwealth to require returns, documents, and inspections from the States, aiming to enforce the provisions outlined in the Act effectively.

Scope and Application

The Financial Agreements Enforcement Regulations, made under the Financial Agreements Enforcement Act 1932, apply to the State of New South Wales and pertain to the collection and enforcement of specified revenue including taxes on betting, race courses, totalisators, entertainments, and incomes. These regulations mandate the production of specified documents and returns to the Treasurer or designated persons and empower officers of the Commonwealth to enter and search premises and seize documents as necessary. The Regulations also permit authorised state officers to inspect documents held by Commonwealth officers for revenue assessment purposes. Contravention of these Regulations is subject to penalties of up to one hundred pounds or six months imprisonment. The Act extends its reach through subordinate instruments, which may specify additional details or requirements not covered in the principal Act.

Key Provisions

The Financial Agreements Enforcement Regulations provide specific requirements and procedures under the Financial Agreements Enforcement Act 1932. These Regulations detail the process for the collection and verification of specified revenue for the State of New South Wales, which includes taxes on betting, admission to race courses, totalisators, entertainments, and incomes (excluding those taxed under the Unemployment Relief Tax Act 1931). The Treasurer may require certain returns to be submitted, and these must be delivered within the timeframe and manner specified by the Treasurer (Regulation 3). The Regulations also mandate that any Minister, officer, or person employed by the State must produce and hand over any documents requested by the Treasurer (Regulation 4). Additionally, authorised officers of the Commonwealth have the authority to enter, search, and seize documents from premises if they are reasonably suspected of containing relevant documents (Regulation 5). Any non-compliance with these Regulations is considered a contravention, punishable by a fine of one hundred pounds or imprisonment for six months (Regulation 6). The obligations imposed by these Regulations are primarily on the Ministers, officers, and employees of the State of New South Wales, as well as any individuals involved in the specified revenue collection. They are required to furnish specified returns to the Treasurer and produce relevant documents upon request. The Regulations also require that these officials and individuals comply with the requirements and provisions laid out in the notice published by the Treasurer or in the Regulations themselves. Failure to comply with these obligations can result in serious consequences, including potential fines or imprisonment. The Financial Agreements Enforcement Regulations impose penalties for any contravention of the Regulations. Specifically, any Minister of, or officer or person employed by, a State, and any other person, who refuses or fails to comply with any requirement or provision of the Regulations, is guilty of a contravention (Regulation 6). The penalty for such a contravention is a fine of one hundred pounds or imprisonment for six months. This serves as a deterrent against non-compliance, ensuring that the process for collecting and verifying specified revenue is carried out effectively. Furthermore, these Regulations allow for authorised officers of a State to inspect documents held by the Commonwealth to assist in assessing or determining the amount of specified revenue. This provision is intended to facilitate the enforcement of revenue collection and ensure accuracy in tax assessments.

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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.