STATUTORY RULES.
1921. No. 200.
REGULATIONS UNDER THE TREATY OF PEACE (GERMANY) ACT 1919‑1920.
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 Treaty of Peace (Germany) Act 1919‑1920, to come into operation forthwith.
Dated this eleventh day of October, 1921.
FORSTER,
Governor‑General.
By His Excellency’s Command,
W. MASSY GREENE,
Minister of State for Trade and Customs.
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Amendment of the Treaty of Peace Regulations.
(Statutory Rules 1920, No. 25, as amended to this date.)
The Treaty of Peace Regulations are amended by inserting therein after regulation 15 the following regulations:—
Inspection of documents;
“15a. (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 these Regulations, or that it is desirable for the purpose of these Regulations to inspect the books and documents of any person, firm or company, he may, upon information on oath made by a proper authority, by warrant authorize any person named in the warrant—
(a) to inspect, and if thought fit impound, 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 proper authority 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.
“(2) Where a proper authority 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) and (b) of sub‑regulation (1) of this regulation should be exercised without prior application to a Justice of the Peace for the issue of a warrant, the proper authority may by writing under his hand authorize any person named in the writing to exercise all or any of the powers contained in the said paragraphs.
C.14899.—Price 3d.
“(3) Any person who obstructs or interferes with any person authorized under regulation (1) or sub‑regulation (2) of this regulation in the exercise of any power conferred upon him in pursuance of this regulation, or who refuses or fails to produce any book or document or to give any information when required to do so in pursuance of this regulation shall be guilty of an offence.
Penalty: Five hundred pounds or imprisonment for one year, or both.
“(4) Where a person has given any information to a person authorized under this regulation to inspect the books and documents belonging to or in the possession or control of any person, firm or company, the information so given may be used in evidence against him in any proceedings relating to offences against these Regulations, notwithstanding that he only gave the information on being required to do so by the authorized person in pursuance of his powers under this regulation.
“(5) For the purposes of this regulation “proper authority” means the Controller, the Public Trustee, or the Custodian of Expropriated Property appointed under regulation 32 of these Regulations.
Incriminating answer or production of documents.
“15b. No person shall in any proceeding for an offence against these Regulations 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 these Regulations.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Treaty of Peace Regulations 1921 were introduced under the Treaty of Peace (Germany) Act 1919-1920 by the Commonwealth Parliament to address the need for enforcement mechanisms to ensure compliance with the Treaty of Versailles and the regulations established under it. These regulations were enacted to facilitate the inspection of documents and books of individuals, firms, and companies suspected of offences against the regulations, with the aim of maintaining the integrity of the treaty's stipulations. The regulations empower Justices of the Peace to issue warrants for inspections and provide mechanisms for urgent inspections without prior warrant, while also imposing penalties for obstructing or interfering with these inspections. The policy objective is to enforce the compliance of the treaty regulations effectively by allowing for thorough inspections and ensuring the admissibility of information obtained during such inspections in relevant proceedings.
Scope and Application
The Treaty of Peace (Germany) Regulations, amended in 1921, apply to any person, firm, or company that may be involved in activities that contravene the provisions set out under the Treaty of Peace (Germany) Act 1919-1920. The regulations specifically address the inspection of documents and require that any person, firm, or company's books and documents be inspected if an offence against the regulations is suspected or anticipated. A Justice of the Peace can issue a warrant permitting authorised individuals to inspect and impound relevant documents, as well as require individuals to provide information or documents pertinent to their business or trade. In cases of urgency, a proper authority can also grant similar powers without prior application to a Justice of the Peace. The regulations impose penalties for obstruction or refusal to comply with inspection requests. Additionally, the regulations clarify that information provided under these powers can be used in proceedings related to offences against the regulations, with certain limitations on admissibility in criminal proceedings. The geographic scope of these regulations is not explicitly defined but is likely to be within the Commonwealth of Australia, as they are made under Commonwealth authority.
Key Provisions
The Treaty of Peace Regulations, as amended by Statutory Rules 1921, No. 200, introduce two key provisions that are particularly significant for enforcement and compliance under these regulations. Regulation 15a allows a Justice of the Peace to authorize inspections of books and documents if there is suspicion of an offence or if such inspection is deemed necessary for regulatory purposes. This inspection authority can be exercised by any person named in a warrant issued by the Justice of the Peace, based on information provided on oath by a proper authority (regulation 15a(1)). The warrant allows the authorized person to inspect, and if necessary, impound any relevant books or documents. Additionally, the authorized person can compel individuals associated with the business or trade of the inspected entity to provide information or produce documents (regulation 15a(1)(b)). In cases of urgency, a proper authority can directly authorize the inspection without needing a warrant from a Justice of the Peace (regulation 15a(2)). Regulation 15b emphasizes that any person involved in proceedings for offences against these regulations cannot avoid answering questions or producing documents on the grounds that such actions may incriminate them. However, the answers or documents produced cannot be used against the person in any criminal proceeding except for perjury or proceedings under these regulations (regulation 15b).
These provisions impose clear obligations on individuals and entities to cooperate with authorized inspections and provide necessary information. Any person, firm, or company subject to these regulations must ensure that their books and documents are accessible for inspection and that relevant personnel are available to provide information when required. Failure to comply with these obligations, such as obstructing an authorized person or refusing to produce documents or information, constitutes an offence (regulation 15a(3)). The penalties for such offences are severe, including fines of up to five hundred pounds, imprisonment for up to one year, or both (regulation 15a(3)). Additionally, any information provided under these regulations can be used in evidence against the person in any proceedings related to offences against these regulations, even if the information was given under compulsion (regulation 15a(4)).
The legislation also sets out specific consequences for non-compliance. Any person found obstructing or interfering with an authorized person exercising their powers under regulation 15a faces significant penalties. The maximum penalty for such an offence is a fine of five hundred pounds, imprisonment for one year, or both (regulation 15a(3)). Furthermore, the information obtained through these inspections can be used in evidence against the person in any regulatory proceedings, highlighting the serious nature of these offences. However, it is noteworthy that such information cannot be used in any criminal proceedings except for perjury or proceedings under these regulations (regulation 15b). This ensures that while compliance is mandatory, there are limits to how the information obtained can be used in the judicial process.