Commonwealth Consolidated Acts

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BANKING ACT 1959 - SECT 45

Limitation of sale and purchase of gold

  (1)   Subject to this Part:

  (a)   a person shall not sell or otherwise dispose of gold to a person other than the Reserve Bank or a person authorized in writing by the Reserve Bank to purchase gold; and

  (b)   a person, other than the Reserve Bank or a person so authorized, shall not buy or otherwise obtain gold from any person.

  (1A)   A person commits an offence if:

  (a)   the person fails to comply with subsection   (1); and

  (c)   there is no instrument in force under section   48 exempting the person from the application of this subsection.

Penalty:   200 penalty units.

Note 1:   Chapter   2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2:   If a body corporate is convicted of an offence against this subsection, subsection   4B(3) of the Crimes Act 1914 allows a court to impose a fine of up to 5 times the penalty stated above.

  (1B)   An offence against subsection   (1A) is an indictable offence.

  (2)   A person may buy gold from the Reserve Bank or from a person authorized in writing by the Reserve Bank to sell gold, and the Reserve Bank or a person so authorized may sell gold to a person, for the purpose of its being worked or used by the purchaser in connexion with the person's profession or trade.

  (3)   A person authorized by the Reserve Bank under this section shall comply with such directions relating to gold as are given to the person by the Reserve Bank.

  (4)   A person commits an offence if:

  (a)   the person fails to comply with subsection   (3); and

  (c)   there is no instrument in force under section   48 exempting the person from the application of this subsection.

Penalty:   200 penalty units.

Note 1:   Chapter   2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2:   If a body corporate is convicted of an offence against this subsection, subsection   4B(3) of the Crimes Act 1914 allows a court to impose a fine of up to 5 times the penalty stated above.

  (5)   An offence against subsection   (4) is an indictable offence.



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