Sanctions Act 1935

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SANCTIONS.

No. 48 of 1935.

An Act relating to the application of Sanctions against Italy.

[Assented to 15th November, 1935.]

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 Sanctions Act 1935.

Definitions.

2. In this Act, unless the contrary intention appears—

“authorized officer” means an officer appointed by the Minister as an authorized officer for the purposes of this Act;

“during the present war” means during the period commencing on the second day of October, One thousand nine hundred and thirty-five and terminating on a date to be fixed by Proclamation as being the date of the cessation of hostilities between the King of Italy and the Emperor of Abyssinia ;

“Italy” includes, in addition to the Kingdom of Italy, the Colonies of Eritrea, Italian Somaliland and Libya, the Italian Concession of Tientsin in China, and the following Dependencies in the Aegean Sea, namely, the Islands of Rhodes (Rhodos), Stampalia (Astrapalia), Calki (Kharki), Scarpanto, Casos (Casso), Piscopis (Tilos), Misiros (Nisyros), Calimnos (Kalymnos), Leros, Patmos, Lipsos (Lipso), Simi (Symi), and Cos (Kos) and the islets dependent on those Islands and the Island of Castellorizzo;

“licence” means a licence granted under this Act;

“the Minister” means the Treasurer and includes any Minister or Member of the Executive Council authorized by the Governor-General to exercise or perform any power or function under this Act.

Application of Act.

3. The application of this Act, with the exception of so much thereof as relates to the importation and exportation of goods, shall extend to the Territories of Papua, New Guinea and Norfolk Island.

Acts prohibited.

4.—(1.) A person, firm or company shall not, during the continuance of this Act, directly or indirectly, except under licence (the proof whereof shall lie upon him or it)—

(a) lend any sum of money to the government of Italy, or to any public authority, person or corporation in Italy, or to any

public authority, person or corporation in any country for or on behalf of the government of Italy or for or on behalf of any public authority, person or corporation in Italy;

(b) pay any sum of money to or for the benefit of the government of Italy or any public authority, person or corporation in Italy;

(c) compromise or give security for the payment of any debtor other sum of money with or for the benefit of the government of Italy or any public authority, person or corporation in Italy;

(d) act on behalf of the government of Italy or any public authority, person or corporation in Italy in drawing, accepting, paying, presenting for acceptance or payment, negotiating or otherwise dealing with, any negotiable instrument;

(e) accept, pay, or otherwise deal with, any negotiable instrument which is held by or on behalf of the government of Italy, or any public authority, person or corporation in Italy, unless he has no reasonable ground for believing that the instrument is so held;

(f) enter into any new transaction, or complete any transaction already entered into, with the government of Italy or any public authority, person or corporation in Italy, in any stocks, shares, or other securities; or

(g) do any other act on behalf or in the interests of the government of Italy, or any public authority, person or corporation in Italy, which is declared, by regulation made under this Act, to be a prohibited act.

Penalty—

(h) if the offence is prosecuted summarily—a fine not exceeding Two hundred pounds, or imprisonment for any term not exceeding six months, or both; and

(i) if the offence is prosecuted upon indictment—a fine of any amount or imprisonment for any term not exceeding three years, or both.

(2.) A licence may be granted by the Minister or an authorized officer for the doing of any act the doing of which would, in the absence of such licence, be a contravention of this Act.

(3.) Any goods or money in relation to which an offence against this section has been committed or which has been used in connexion with any such offence shall be forfeited to the King, and may be seized by any officer of police or person thereto authorized in writing by an authorized officer.

(4.) A corporation guilty of an offence against this section shall be liable to the pecuniary penalties thereby provided, and any director, officer, servant, or agent of a corporation who is knowingly

concerned in the commission of an offence against this section by the corporation shall be deemed to be guilty of the offence and punishable accordingly by fine or imprisonment or both.

(5.) A prosecution for an offence against this section shall not be instituted without the written consent of the Attorney-General.

(6.) This section shall not commence on the date on which this Act receives the Royal assent, but shall commence on such later date as is fixed by Proclamation.

Power to inspect books, &c.

5—(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 the last preceding section, he may, upon information on oath made by an authorized officer, by warrant empower any person named in the warrant—

(a) to inspect 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 authorized officer 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; and

(c) if accompanied by an officer of police or prescribed officer, to search any premises used or believed by the authorized officer to be used in connexion with such business or trade.

(2.) Where an authorized officer 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), (b) and (c) of sub-section (1.) of this section should be exercised without prior application to a Justice of the Peace for the issue of a warrant, the authorized officer may, by writing under his hand, empower any person named in the writing to exercise all or any of the powers contained in those paragraphs.

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

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

Importation and exportation of goods.

6.—(1.) The Governor-General may, by regulation, during the present war, prohibit the importation or exportation of any goods.

(2.) The power contained in the last preceding sub-section shall extend to authorize the prohibition of the importation or exportation of goods generally, or from or to any specified place, and either absolutely or so as to allow of the importation or exportation of the goods subject to any condition or restriction.

(3.) All goods the importation or exportation of which is prohibited shall be prohibited imports or prohibited exports, as the case may be, within the meaning of the Customs Act 1901–1935, to the extent to which the prohibition extends.

(4.) The provisions of the Customs Act 1901–1935 relating to the taking of security for compliance with any condition upon which the importation or exportation of any goods is allowed under that Act shall, mutatis mutandis, apply in relation to the importation or exportation of any goods allowed under this Act to be imported or exported, as the case may be.

Incriminating answer or production of document.

7. A person shall not, in any proceeding for an offence against this Act, 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 this Act.

Aiding and abetting.

8. Whoever aids, abets, counsels or procures, or by act or omission is in any way, directly or indirectly, knowingly concerned in or privy to—

(a) the commission of any offence against this Act; or

(b) the doing of any act outside Australia which would, if done within Australia, be an offence against this Act,

shall be deemed to have committed the offence and shall be punishable accordingly.

Suspension of section 4.

9. The Governor-General may, at any time during the continuance of this Act, declare by Proclamation that it is desirable that, as from and after a date to be specified in the Proclamation, the provisions of section four of this Act should be suspended, and thereupon the provisions of that section shall be suspended until the Proclamation is revoked by the Governor-General, but without prejudice to any liability incurred prior to such suspension or to any penalty imposed for a contravention of the provisions of that section.

Termination of Act.

10. The Governor-General may at any time, by Proclamation, declare that, in his opinion, the necessity for the continuance of this Act no longer exists, and thereupon this Act shall cease to have any force or effect, but without prejudice to any liability incurred during the operation of the Act or to any penalty imposed under the Act or the regulations.

Regulations.

11. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to this Act, and in particular for—

(a) providing for the establishment of a clearing office for the receipt, custody and payment, in such manner as is specified

in the regulations, of moneys due by persons in Australia or its Territories to persons in Italy, in such cases or classes of cases as are so specified;

(b) requiring, in such cases or classes of cases as are specified in the regulations, persons in Australia or its Territories owing moneys to persons in Italy to pay those moneys to the account of a clearing office established in accordance with this Act;

(c) providing for the prohibition or avoidance of contracts for the assignment of debts due by persons in Australia or its Territories to persons in Italy; and

(d) prescribing penalties not exceeding a fine of One hundred pounds or imprisonment for a period not exceeding six months for any offence against the regulations.

Overview

The Sanctions Act 1935 was enacted by the Commonwealth Parliament to address the need to apply sanctions against Italy during the conflict between Italy and Abyssinia. This Act was assented to on 15 November 1935, with its purpose being to prohibit certain financial and commercial activities with Italy, its colonies, and dependencies, as well as to regulate the import and export of goods. The policy objective of this Act was to enforce economic measures in response to Italy's actions during the conflict. The Act allows the Governor-General to suspend or terminate its provisions as necessary, and it includes provisions for the establishment of a clearing office for the handling of financial transactions between Australian entities and those in Italy. Offences under the Act carry penalties, including fines and imprisonment, and aiding or abetting such offences is also subject to punishment.

Scope and Application

The Sanctions Act 1935 applies to all individuals, firms, and companies within Australia, including its Territories of Papua, New Guinea, and Norfolk Island, with the exception of provisions related to the importation and exportation of goods. The Act specifically targets financial and transactional activities that benefit or involve Italy, including its colonies and dependencies, during the period of hostilities between Italy and Abyssinia, as declared by a Proclamation to be issued by the Governor-General. Prohibited acts encompass the lending of money, payment of sums, securities for debt payments, dealings with negotiable instruments, and transactions in stocks, shares, or securities with entities in Italy. The Act also extends to any other acts declared as prohibited by regulations under the Act. The Act includes provisions for the granting of licences to conduct otherwise prohibited acts, forfeiture of goods or money involved in contraventions, and penalties for breaches, including fines and imprisonment. The Governor-General has the authority to make regulations to further implement the Act's provisions, including the establishment of clearing offices for financial transactions and penalties for regulatory breaches. The Act also includes provisions for inspections and searches, and the suspension or termination of the Act by the Governor-General under specific circumstances.

Key Provisions

The Sanctions Act 1935 (sections 1-11) sets out provisions for imposing sanctions against Italy during a specified wartime period, extending to its colonies and dependencies. The Act, which can be cited as the Sanctions Act 1935, includes definitions for terms such as "authorized officer," "during the present war," and "Italy" (section 2). The Act applies to various territories and prohibits certain financial transactions with Italy, including lending money, paying sums, and dealing with negotiable instruments (section 4). Licences can be granted by the Minister or an authorized officer to permit otherwise prohibited activities (section 4(2)). The Act also allows for the seizure of goods and money related to offences and imposes penalties, including fines and imprisonment (section 4(4) and (5)). The Act imposes several obligations on individuals, firms, and companies. They must not engage in prohibited financial transactions with Italy unless licensed (section 4). Corporations are held liable for offences committed by their directors, officers, servants, or agents (section 4(4)). Prosecutions require the written consent of the Attorney-General (section 4(5)). Additionally, the Act grants Justices of the Peace and authorized officers the power to inspect documents, search premises, and demand information to enforce compliance (section 5). Violations of the Act can result in civil and criminal consequences. Offences under section 4 carry penalties, including fines up to £200 or imprisonment up to six months for summary prosecutions, and potentially higher penalties for indictments (section 4(1)). Offences under section 5, such as obstructing an authorized officer, carry a penalty of up to £500 or imprisonment up to one year, or both (section 5(3)). The Act also addresses aiding and abetting offences, deeming those involved in prohibited activities as committing the offence themselves (section 8). The Governor-General has the authority to suspend or terminate the Act by proclamation, without affecting prior liabilities or penalties (sections 9 and 10). The Sanctions Act 1935 includes provisions for regulations to be made by the Governor-General, covering matters such as establishing clearing offices for financial transactions, prohibiting debt assignments, and setting penalties for regulatory offences (section 11). These regulations can prescribe fines up to £100 or imprisonment up to six months (section 11(d)).

Area of Law: International Law
Instrument: Act
Concepts: Definitions & Interpretation; Offence Provisions; Enforcement Powers; Regulatory Standards

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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.

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