GOLD BUYEES ACT 1928. - AustLII

GOLD BUYERS. 829

GOLD BUYEES ACT 1928.

An Act to consolidate the Law relating to Gold J9 GEORGE V . Buyers' and Assayers and for other purposes. No-3693-

[12th February, 1929.]

BE it enacted by the King's Most Excellent Majesty by and with Ooid Buyen

the advice and consent of the Legislative Council and theA e t 1916-Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say) :—

1. This Act may be cited as the Gold Buyers Act 1928, and shall short title and come into operation on a day to be fixed by proclamation of the commencement. Governor in Council published in the Government Gazette.

2. The Act mentioned in the First Schedule to this Act to the Repeal, extent thereby expressed to be repealed is hereby repealed. Such First schedule. repeal shall not affect any regulation order or appointment made lb s-2-or any licence granted or any certificate given or any right acquired or duty imposed or liability incurred or any matter or thing done under the said repealed Act before the commencement of this Act.

3 . In this Act unless inconsistent with the context or subject- interpretation, matter— n. s. 3.

" Act" includes any regulation made thereunder ; " Bank " means any banking company within the meaning of

the Banks and Currency Act 1928 or any company which is by law entitled to assume or use the title of bank or banking company ; and any reference to a person shall include a bank ;

" Buy " and " Purchase " include respectively any dealing with gold ;

" Chinese person " means any person having a Chinese father or mother ;

" Gold " or " Unwrought gold " means gold, gold alloys, gold bullion, gold amalgam, retorted gold, copper plates retaining or containing gold, and all earth quartz concentrates and products containing gold in sufficient quantity to pay for treatment but does not include money or wrought gold ;

830 GOLD BUYERS ACT 1928. [19 GEO. V.

Gold suyen " Gold assayer " means a person who has such qualifications as Act 1915, are prescribed and who assays or smelts gold, and includes

a bank ; " Gold buyer " means a person who buys gold and includes a

bank ; " Licence" means a valid and unexpired annual licence under this

Act or the Act hereby repealed ; " Licensee" means the holder of a gold buyer's licence or gold

assayer's licence ; " Prescribed" means prescribed by this Act or any regulation

under this Act or the Act hereby repealed ; " Receiver and paymaster" includes any public officer whom the

Governor in Council appoints or has appointed to issue licences under this Act or any corresponding previous enactment ;

" Sel l" includes any dealing with gold ; " Seller " includes any person acting or representing himself to

be acting for a seller ; " Wrought gold" means gold and gold alloy which on view

have apparently been worked or manufactured for trade purposes.

Gold Buyers and Gold Assayerg Licences.

Gold buyers and 4 . (1) Excep t so far as is otherwise expressly enacted no person be'uo'eêdra t0 8 n a ^ *>uy any gold unless he is a holder of a licence as a gold buyer/0 ' ib. s. 4. A gold buyer when licensed may sell gold or buy gold.

(2) Except so far as is otherwise expressly enacted no person shall assay or smelt gold unless he is the holder of a licence as a gold assayer.

(3) Except so far as is otherwise expressly enacted no person (except a bank or the registrar or principal officer of any school of mines or the State Savings Bank at Ballarat Bendigo and such other places as the Governor in Council may decide) shall hold a gold buyer's licence and also a gold assayer's licence.

(4) Except so far as is otherwise expressly enacted no person (except a bank or the registrar or principal officer of any school ot mines or the Sta te Savings Bank a t Ballarat. Bendigo and such other places as the Governor in Council may decide) who assays or smelts gold shall sell gold and no person shall sell gold for him except as may be prescribed.

certain persons 5 . The Governor in Council may by Order published in the Govern-amhorlzedto ment Gazette authorize t h a t any licensed gold assayer mentioned in h°wsow buyers- s u c n Order may obtain under this Act a licence or renewal of a licence assayers' as a gold buyer and the Governor in Council may a t any t ime revoke licences. a Q y snc^ i j c e n c e > ^h i s section shall apply to Bal la ra t and Bendigo

only and not more than five such licences shall be authorized in each such district.

(a) I t is not necessary to allege in the infor- he material as a matter of proof. — Gibson v. Lee mation the name of the person from whom the Suey, 29 V.L H., 418. gold was bought, though in some eases it might

No. 3693.] GOLD BUYERS ACT 1928. 831

6. (1) On the application of any bank the Governor in Council Oou Buyers may by Order published in the Government Gazette authorize that p°w e r '" any licensed gold assayer in the prescribed localities or districts of authorize gold Melbourne Ballarat or Bendigo mentioned in such Order may also

bank to be obtain under this Act a licence or renewal of a licence as a gold buyer. ^ J J " 1

(2) Not more than one person may be so authorized to act as a therefor, gold assayer and also as a gold buyer for the same branch of a bank.

(3) A licensed gold assayer who is also a licensed gold buyer as in this section provided may buy or sell gold for the bank or banks for which he is authorized to act but not for any other person or banks.

(4) The Governor in Council may at any time revoke any Order made under this section and on such revocation such Order shall have no further force or effect.

Applications to Courts of Petty Sessions for Licences or Renewals of Licences.

7. Every person (except as otherwise provided) who desires to Notice of obtain a licence as a gold buyer or gold assayer shall deliver to the apply t™ ° clerk of the court of petty sessions nearest to any place in which llcence-he intends to carry on such business an application in such form as ' *'7' may be prescribed ; and such clerk shall post in a conspicuous place near the front door of such court a copy of such notice and also a notification of the day on which such application will be heard by the court and the applicant shall advertise such notice of application together with the names of the ratepayers who signed his certificate of character in two consecutive issues of any newspaper generally circulating in the locality.

8. At any sittings of such court held not less than seven days Justices may after the delivery and advertising of such notice, the justices if fa?". 8? ' ° ° e

satisfied— as to the character of the applicant; and that the premises where he intends to buy gold or assay or

smelt gold abut on a public street and have a front door opening on to such street for customers ; and

that there is not on such premises any facility means or appliance for buying selling assaying smelting or handling gold illicitly or in contravention of the provisions of this Ac t ; and

that the requirements of this Act have been complied with in reference to the application and that the licence is required for the locality ;

may in their discretion issue to him in such form as may be prescribed a certificate authorizing such person to buy or smelt and assay gold as the case may be at the premises specified in such certificate and shall cause to be transmitted to the Treasurer of Victoria or to such receiver and paymaster as the Treasurer directs a duplicate of such certificate.

9. (1) No such certificate shall be issued unless the applicant SEcTt"y

or some person on his behalf produces to the court a certificate of«.». 9. character in such form as may be prescribed signed by six ratepayers residing in the locality or district in and for which a gold buyer's or


Gold Buyers Act 1915.

gold assayer's licence has been applied for, and where the appl icant proposes to carry on business, and s ta t ing t h a t in the opinion of such ratepayers the applicant is a person fit to be the holder of a licence.

(2) The member of the police force in charge of the police station in the aforesaid locality or district in which the appl icant 's proposed place of business is situate shal l forward to the court a certificate certifying whether such place is or is not suitable for the purpose for which the application is made, and is or is not in accordance with the requirements of section eight of this Act, and t h a t t he appl icant is or is not a person fit to be the holder of a licence, and such other part iculars as may be prescribed.

Chinese or 10- No certificate or licence shall be issued to any Chinese person undere£fcm«tn 01" ^° a n y P e r s o u w n 0 holds any licence (other than a grocer's or spirit Act 1828 not to merchant's licence outside any city or town) under the Licensing Act

1928 or to any manufacturer of jewellery or other manufacturer of gold.

be licensed, lb. a. 10.

Certificate to be void for nonpayment of licence fee. lb. s. 11.

Issue of licence.

1 1 . (1) Every certificate and duplicate certificate issued to an applicant for a licence or renewal of a licence shall be void unless the sum hereinafter required to be paid for the licence be paid to the Treasurer or to the receiver and paymaster entitled to receive the same within twenty-eight days after the granting of such certificate.

(2) The Treasurer or such receiver and paymaster shall forthwith after the receipt of a duplicate certificate and such payment issue such licence as is authorized by such duplicate certificate.

Renewal of licence. lb. J. 12.

12. (1) A certificate for the renewal of a licence for a further period of twelve months from the expiration of the original licence or of the last renewal (as the case may be) may be issued in duplicate at any sittings of a court of petty sessions if the licensee applies for such renewal during the month of December, and if the justices are satisfied by evidence on oath (if the application for the renewal of the licence is opposed) that the licensee is a fit person to continue to hold such a licence and that the premises are fit for the purposes for which they are required and that the licence is required for the locality. Such notice of the application shall be given as may be prescribed.

(2) Such certificate when issued shall be dealt with in the same manner as a certificate for an original licence.

Transfer to other premises. lb. s. 13.

13 . At any time during any year the court on payment of a fee of Ten shillings may by endorsement on any licence transfer the licence from the premises specified in the licence to any other premises within the district for which such licence was issued which appear to the justices to be suitable and to be in accordance with the requirements of section eight of this Act.

Persons may be 1 4 . Upon the hear ing of any application for a licence or for the opp iMonto renewal of a licence any person may be heard to show cause or any grant. wri t ten petition from any person or persons may be considered agains t

the g ran t ing of such application. 16.». 14.

JSTo. 3693.] GOLD BUYERS ACT 1928. 833

Licence Fees.

15. (1) For every such licence as a gold buyer or gold assayer Qoia Buyers granted to or renewed by any person other than the registrar or ^ci 1916/'16-

principal officer of a school of mines there shall be paid by such person a fee of Twenty shillings.

(2) Any such licence may be granted to or renewed by the registrar or principal officer of the school of mines without payment of any fee.

.Registration.

16. The clerk of any court of petty sessions at which a certificate Registration ot for the issue or renewal of any licence is granted or at which any I,cenoes-licence is revoked shall enter the particulars of the same in such form1*'-16-as may be prescribed in a register to be kept in such court.

Revocation and Suspension of Licences.

17. (1) Any court of petty sessions consisting of two or more Application for justices including a police magistrate may take into consideration any j ^ p ^ o " o'f application that the licence held by any person under the provisions »<>ence. hereinbefore contained should be revoked or suspended and may make Ib'''17' sach order as to costs against any party to any application under this section as to such court seems fit.

(2) If the court is satisfied that reasonable notice of the applica- Power of court

tion lias been given to such licensed person and that he has been suspend eence. guilty of any such contravention of the provisions of this Act as renders him unfit to hold a licence or that he is in any other respect unfit to hold a licence or his premises are unsuitable or the licence is no longer required for the locality such court may whether such licensed person appears before it or not revoke or suspend such licence.

(3) At the hearing of any application to revoke or suspend a licence Revoked or

the holder of such licence shall if so ordered by the court deliver up licence how

such licence to the clerk of the court and such licence if revoked shall dealt with-be cancelled by such court. Every licensee who fails or omits to deliver up his licence in accordance with such order shall be guilty of an offence against this Act, but the revocation or suspension of such licence shall be effectual notwithstanding such failure or omission to deliver up.

Banks.

18. (1) The Secretary for Mines may grant to any bank— Licences to

(a) a gold buyer's licence or a gold assayer's licence or both On compames.

the payment for each licence of the fee provided by n. «• is. section fifteen of this Act for the principal office of such bank and of a like fee for each licence for each branch or agency, or

(b) on a like payment a general gold buyer's licence or general gold assayer's licence or both accompanied by a list showing each branch or agency, to which the licence shall apply.

(2) Each such general licence shall be granted in the form in the second Second Schedule to this Act or in such form as may be prescribed and Sohedul6

shall be available for use at every branch or agency named therein. VOL. n.—53



Issue of annual licences to officers of schools of mines &c. lb. «. 19.

(3) The manager, accountant, or officer-iu-charge of gold buying for the time being at the head office and at every branch or agency named of such bank shall be deemed to be a licensee within the meaning of this Act.

(4) Should it be desired to add an additional branch or brandies or agency or agencies to such, licence during its currency this may bo done on application in writing, and payment of a fee pro rata for the unexpired period of the licence, calculated as from the beginning of the quarter in which application is made, but such fee shall not be loss than Five shillings.

Schools of Mines Treatment Works fyc. 19. (1) The Secretary for Mines may—

(a) issue a gold buyer's licence or a gold assayer's licence or both to the registrar or principal officer of any school of mines, or

(b) on payment of the licence-foe proscribed by section fifteen of this Act issue a gold assayer's licence to the proprietor or the manager on his behalf of any crushing battery or treatment works ;

and may at any time on payment of a foe of Ten shillings trausfer any such last-mentioned licence to any other person qualified to receive such licence under this section.

(2) All the provisions of this Act relating to the holders of gold buyers' licences or to gold assayers' licences shall so far as they are consistent with this section equally apply to licences issued under this section and to the holders thereof.

(3) A licence under this section may at any time be called in and cancelled by the Secretary for Mines, and shall after it is called in for cancellation have no force or effect.

Licensing of Special Assai/er or Special Buyer.

special assay 20.W (1) The Secretary for Mines may on payment of a fee of licence YYVQ. shill ings per annum issue a special gold assayer's licence to any

holder of a gold mining lease or licence or registered gold mining claim to assay any gold derived from any such leasehold or claim.

issue of a special (2) Where a person or a company is the holder of a gold mining H°enceToyer9 lease or licence which is wholly or par t ly let on t r ibute and has not tnbuters. obtained the issue of a special gold assayer's licence to assay gold

derived therefrom, then a special gold assayer 's licence may on payment of a fee of Five shil l ings per annum in respect of the gold derived therefrom be issued to any of the tr ibuters by the Secretary for Mines.

Licence to buy (3) The Secretary for Mines on payment of a fee of Five shill ings contotainVgoid may issue to any person a special licence to buy copperplates re ta ining

or containing gold upon any mine claim or t r ea tment works from the owner thereof, or to buy waste products from persons—other than miners—who use gold in their trade profession or occupation under such regulat ions as may be prescribed.

(4) The holder of a licence under this section may on production of such licence sell his gold to any gold buyer wi thout supplying a gold assayer 's certificate therewith bu t he shall no t be exempted from

(a) See also section 21 (4).

JSTo. 3693.] GOLD BUYERS ACT 1928. 835

the operation of the provisions of sections twenty-eight and twenty- Gold Buyers

nine of this Act. ^ctl916-(5) A licence under this section may at any time be called in

and cancelled by the Secretary for Mines and shall after it is called in for cancellation have no force or effect.

Gold Assay erg Licences in respect of Tailings.

2 1 . (1) The Secretary for Mines may in snch form and on pay-issue of annual ment of a fee of Ten shillings per annum and subject to such conditions Hcenc^tr^ as may be prescribed issue a special gold assaver's licence to the holder "„e

rêsfor

of any right or permission from any other person to remove or treat tolling tailings. • ib.s.21.

(2) The holder of a licence under this section may on production of such licence sell his gold to any gold buyer without supplying a gold assayer's certificate therewith but he shall not be exempted from the operation of the provisions of sections twenty-eight and twenty-nine of this Act.

(3) A licence under this section may at any time be called in and cancelled by the Secretary for Mines and shall after it is called in for cancellation have no force or effect.

(4) A holder of more than one special gold assayer's licence under section twenty or under this section who removes tailings from one place to another for treatment or treats tailings at different places whether in the same gold buyer's or gold assayer's district or otherwise may on registering one or more plants with the Secretary for Mines in the manner prescribed smelt at any such registered plants all gold derived under such licences.

Special Licences for Sparsely Populated Districts.

22 . (1) The Governor in Council or Minister subject to such terms special licences and conditions as may be prescribed and on payment of a fee of Ten PopXtedIy

shillings per annum may grant a special gold buyer's licence or specialdistricte-gold assayer's licence to any person carrying on business in any sparsely Ib''•22-

populated or remote or mountainous part of Victoria. (2) Every such licence shall within the locality described therein

be deemed to be for all purposes a gold buyer's licence or gold assayer's licence as the case may be.

(3) The Governor in Council may at any time revoke any such licence.

Regulation of Licensed Gold Buyers and Gold Assayers.

2 3 . (1) A gold entry book in the form prescribed shall be kept Gold entry

at the place of business of every licensed gold buyer or licensed gold J°oks-assayer and at the head office and at every branch or agency of a bank holding a licence.

(2) Every licensed person other than a bank, and in the case of a supervision of bank the manager, accountant, or officer-in-charge of gold buying for ^ ™ ,ereof. the time being of the head office or branch or agency, as the case may be, shall personally conduct every transaction relating to the purchase or sale of gold or assay or smelting of gold, and shall, after every purchase or sale or assay or smelting of gold has been effected, or any


Gold Bayers Act 1915.

Regulations to be observed by licensees. lb. e. 24.

Penalty.

Book to be kept showing gold received.

Penalty.

Pro\ ision to insure correctness of entries in gold entry book.

Book to show how gold disposed of.

Penalty.

Buyers and sellers to enter or leave only by front door.

Penalty.

gold received into his custody or possession forthwith record in such gold entry book the prescribed particulars of the transaction and have such entry signed as prescribed.

24 . Every licensed gold buyer or licensed gold assayer shall— (i.) have his name or the name of the bank together with the

words "licensed gold buyer" or "licensed gold assayer" painted distinctly in letters of not less than two inches in length near the front door of the place of business belonging to or occupied by him in such business as a gold buyer or gold assayer. If he does not he shall be liable to a penalty of not more than Twenty pounds ;

(II.) keep a book or books fairly made out in the form prescribed and shall enter therein an account of all such gold as he from time to time becomes possessed of stating in respect thereof the day and hour upon and at which and the person by or through whom and the person from whom he purchased or received the same adding a true description of such last-mentioned person's business and precise place of abode and post to the Secretary for Mines within seven days after the close of each month a copy certified by him as correct of all entries made pursuant to this or the next succeeding sub-section in such book during the said month. If he does not he shall be liable for the first or second offence to a penalty of not more than Twenty pounds, and for every subsequent offence to a penalty of not less than Ton nor more than One hundred pounds or to imprisonment with or without hard labour for a term of not more than six months. As regards any entry made by a licensed gold buyer or licensed gold assayer in a gold entry book it shall be the duty of such licensee to take all reasonable means to ascertain and record the particulars required to be entered in pursuance of the provisions of this sub-section;

(in.) enter in such book an account of all such gold as he from time to time sells assays smelts or disposes of stating in respect of each entry the day upon which and the name of the person by or through whom and the person to whom he sold or disposed of the same adding a true description of such last-mentioned person's business and precise place of abode. If he does not he shall be liable for the first or second offence to a penalty of not more than Twenty pounds and for every subsequent offence to a penalty of not less than Ten nor more than One hundred pounds or to imprisonment with or without hard labour for a term of not more than six months ;

(iv.) not by himself or any other person on his behalf permit or suffer any buyer or seller of gold or any person bringing gold for assay or smelting or for the purpose of selling to enter or leave the licensed premises except by the front door thereof. If he does so he shall be liable for the first offence to a penalty of not more than Five pounds and for


every subsequent offence to a penalty of not less than Gou Buyers Five nor more than Twenty pounds ; Aci 19i6'

(v.) produce to any officer of the police force or any member Production of

thereof generally authorized in writing by such an officer jjf certd!? ewes, whenever thereto requested his licence and the book or books required to be kept as aforesaid and any gold purchased or received by him then in his possession, and such book or books or gold shall be deemed to be in the

[)Ossession of such dealer when they are placed in any louse outhouse yard garden or place occupied by him

or have been removed with his knowledge and permission to any other place without a bond fide sale of such gold having been made by him ;

(vi.) without delay give notice to the officer or member of the Dealer to inform police force on duty at the police station nearest to any supposed to b°ld

place where he carries on business of any gold then in jX6";?0' comes

his possession or which thereafter comes into his possession possession, answering the description of any gold described as having been stolen embezzled or fraudulently obtained in or by any printed or written information given to him by any member of the police force ;

(vn.) keep all gold purchased or received by him without Form of goldnot

changing the form in which it was when so received or foVXlhdays!d

offered to him for purchase or receiving and without statute law disposing of the same in any way for a period of five ^"°"_Act

days after such gold has been purchased or received ; (VIII.) except so far as is otherwise provided, for any act or Penalty,

default contrary to any of the three last preceding paragraphs be liable for a first offence to a penalty of not less than Ten shillings nor more than Five pounds, and for every subsequent offence to a penalty of not less than Five nor more than Twenty pounds or to imprisonment with or without hard labour for a term of not more than three months.

25 . Any entry in a book belonging to a licensee shall be deemed Entries m unless the contrary is shown to have been made by or with the deemed to have

authority of such licensee. . been made by

26 . Every licensee who wilfully makes a false entry and every Actm&$.°2&. person who causes a false entry to be made in a " gold entry book " j^Srtry' shall be liable to imprisonment with or without hard labour for a term /&.,. 26. of not more than six months or to a penalty of not more than One hundred pounds.

27. (1) No licensed gold buyer shall buy smelted gold unless the Purchase of

seller thereof supplies to him a satisfactory gold assayer's certificate J°lds 27

showing where the gold was obtained from, and from whom the smelter received it, and whether alluvial quartz or manufactured gold. Every licensed gold assayer shall give a certificate as to any gold assayed by him to the person for whom such assay is made.

(2) No licensed gold buyer shall pay for gold or wrought gold purchased by him except by cheque or cash or by placing the proceeds to the credit of the seller's account at his bank.


Gold Buyers (3) Where any licensed gold buyer (other than a bank or the R^Tti registrar or other principal officer of a school of mines) pays by a cheque eaehlng obeqne. for gold purchased such buyer sha l l n o t exchange such cheque for

cash.

Lioensee 28 . (1) A licensee may require any person tendering to him for sale deration from o r assay or smelting any gold or if such person is personally unknown to seller. him shall require such person to make and subscribe a declaration ib. ».28. j n s u c ] a form a n c i containing such par t iculars as may be prescribed

specifying the mining district and the division thereof wherein is si tuated the mine claim or place from which such gold was obtained.

(2) Before taking any such declaration as aforesaid such licensee shall clearly explain to the person to whom such declaration is tendered the nature of such declaration and the liability incurred by his making and subscribing a false declaration.

(3) Every person who knowingly wilfully and corruptly makes any false declaration before any licensee as provided in the two last preceding sub-sections shall be liable to the penalties of perjury.

(4) Every licensee or employe of a licensee who divulges any mat te r contained in any such declaration except for the purposes of the administrat ion of justice or for the purpose of carrying into effect the provisions of this Act shall be guilty of an offence agains t this Act.

Duty of licensee (5) I n addition to complying with the requirements of the preced-before buying ^ sub-sections of this section, a licensed gold buyer before buying

gold from any person shall assure himself t h a t such person is enti t led to sell the s ame ; and except in the case of a person who is personally known to h im to be of good repute he shall require such person to produce a certificate from some well known reputable person t h a t he believes the person offering or selling such gold obtained i t honestly.

Hours of buying 3 9 , j\f0 licensee shall buy sell receive deliver or smelt gold on or receiving g u n ( j a y g o r public holidays at any time or on any week day otherwise ib.». 29. than between the hours of nine o'clock in the forenoon and six o'clock

in the evening on any day except Saturday when gold may be bought or received up till eight o'clock.

Gold buyer not 30 . No licensed gold buyer shall buy or gold assayer smelt or except It'his assay gold at any other premises than that at which he carries on his EulnTien business. Where gold from any other district or locality outside that ib. t. 30. specified in his licence is offered to or purchased by any gold buyer or

gold assayer he shall by post or as maybe prescribed forthwith forward full particulars of such offer or purchase and the name aud address of the person offering or selling the same to the member of the police force in charge of the police station nearest to such licensee's place of business.

Power of School of Mines or Bank to Buy Outside. District <f~c.

power of school 3 1 . (1) Notwi ths tanding anything in this Act contained the toIbunyegoidbank regis t rar or principal officer of any school of mines licensed as a gold district1 tside buyer or any bank or person authorized to act as gold buyer for any ib. a. si. branch or agency of a bank which is a licensed gold buyer may buy

gold obtained and regularly offered for snle by any mining company or party of miners from any part of Victoria outside the district for which such registrar or principal officer or bank is licensed to buy gold.


(2) The fact that any such gold is so offered to or bought by any Gold Buyers such registrar or principal officer or bank or its gold buyer shall at Act 1915' such time and in such manner as may be prescribed be reported to the epor ° p° ""*' officer in charge of the police station nearest to such school of mines or bank or the place where such gold is offered for sale or bought.

Temporary Gold Buyers' Licences.

32 . (1) Any police magistrate or justice may on the written Temporary

application of any holder of a gold buyer's licence, if satisfied that his ordepuô«6rk

inability to act as a gold buyer arises from illness or any other good |j°e™ed goU' cause, grant to such holder a temporary licence for any period or periods Ib_ ,.r'3?. not exceeding thirty days in any year to buy gold by his clerk or deputy in any place in which such holder is by his licence authorized to act as a gold buyer.

(2) Such temporary licence shall be in such form as may be prescribed, and such clerk or deputy shall thereupon at the place and for the period specified in such temporary licence be authorized to act as a gold buyer on behalf of the holder aforesaid.

(3) Such holder shall be personally liable and responsible for all acts and defaults of any clerk or deputy acting on his behalf by virtue of any such licence in the same manner and to the same extent as such licensed gold buyer would have been liable if such act had been done or such default made by such gold buyer.

(4) Whilst such temporary licence is in force the licence granted to the holder of the gold buyer's licence shall be suspended.

Provision for Lost Licences.

3 3 . Upon proof being made before a police magistrate by affidavit Provisions for

of any licensee that any licence held by him under the provisionsllcenceslost&e-

hereinbefore contained has not been transferred or forfeited and has ' *' been lost or accidentally burnt or otherwise destroyed before the same has expired, and upon such police magistrate certifying that he is satisfied with such proof the authority who issued the original licence may cause a new licence to be made in place of the one so lost or destroyed and to be delivered to such person upon his paying such sum therefor as may be prescribed.

Provision for Smelting by Foreman of Testing Plants.

3 4 . (1) The foreman of a testing plant during such time as his Power for name is registered as prescribed may without being the holder of a testiJJK

npiantto licence as a gold assayer smelt gold obtained from material crushed or ^hojuioence. treated for any company or person other than such foreman at such n.«. 84. plant and for any gold so smelted shall give a certificate in such form as may be prescribed and such certificate shall show where the gold was obtained from and from whom the foreman received it and shall be sufficient authority for the purchase of such gold by a gold buyer.

(2) In this section the expression " testing p lan t" means a testing plant as defined in section three of the Mining Development Act 1928 and established or continued under Part V. of the said Act and includes any crushing battery for the purposes of which the Secretary for Mines has in pursuance of an agreement lent any


ooid Buyera persons called a trust an engine boiler crushing battery tables and .4611916. accessories for the purpose of crushing auriferous material for the

public at a specified site and subject to the conditions set out in such agreement.

Provision for Smelting and Sale by Registered Holders of Miners' Rights.

Provisions tor 3 5 . (1) Any holder of a miner's right who prospects or mines for ô'peotoôr S0^ o n n i s o w n oehalf only may smelt any gold obtained by himself miners if names by gold mining if his full name address and signature and particulars i w 86 °^ a n y appliance in his possession or control for treating or smelting

gold whether in use or not are registered at the police station nearest to his address and if he is in possession of a prescribed certificate of such registration signed by the member of the police force in charge of such police station and such registration is for the time being in force.

(2) Such registration shall not be effected or renewed by such member unless and until the said holder has lodged at the station a declaration in such form as may be prescribed signed in the presence of and witnessed by any member of the police force or any other person whomsoever setting out—

(a) his full name address and signature, (b) the locality where he intends to prospect or mine, (c) the nature of appliances for treating or smelting gold which

are in his possession or under his control or upon any premises used or occupied by him,

(d) that he undertakes not to smelt gold for or obtained by any other person and

{e) that he undertakes at any time on the written request of the Secretary for Mines to return the certificate of registration to the police station from which it was issued.

(3) Every person who in any snch declaration makes any untrue statement, or who prospects or mines elsewhere than in the locality specified in his declaration or who fails to comply with any of his undertakings therein shall be guilty of an offence against this Act.

(4) A registration under this section shall have no force or effect after the thirty-first day of December in the year in which it is registered; and a certificate of registration may at any time be called in and cancelled by the Minister of Mines, and shall after it is called in for cancellation have no force or effect.

(5) I t shall not be necessary for a person registered under this section to keep a gold entry book.

(6) A person registered under this section may on production of his certificate from the police sell his gold to any gold buyer without supplying a gold assayer's certificate therewith, but he shall not be exempted from the operations of the provisions of sections twenty-eight and twenty-nine of this Act.

(7) The power contained in this Act to make and publish regulations shall be taken to include power to make and publish regulations prescribing the forms of declaration and certificates of registration hereunder, and for keeping a central record of all registrations in force.

(8) A person registered under this section shall not be deemed a gold assayer as defined in this Act.


(9) Any person may at any time during business hours inspect aoia Buyers without payment all registrations made at any police stations in Act 1915,

pursuance of this section.

(10) Where two persons only prospect for gold as partners they may be registered jointly under this section, and so far only as relates to any such two persons references in this section to the singular shall include the plural.

Provision for Purchases by the Proprietors of Crushing Batteries, $'c.

36 . (1) Except as provided in this section nothing in this Act Non-appiication contained shall apply to the purchase of gold-bearing earth tailings purchases by

concentrates or products containing gold by the proprietor of any bLtterie? where crushing battery or treatment works from any registered leaseholder sale

t'ff<!??n

d by

or claim-holder or holder of a tailings licence if it is proved by the writing. ' buyer that the sale was effected by a contract in writing, signed by ">• «•36-or on behalf of the seller and the buyer, setting forth that the earth tailings concentrates or products containing gold were produced from and taken out of the ground comprised in the lease or claim of which the seller is the registered holder or for the treatment of which he holds a licence from the Crown under any Act relating to mines and which lease or claim is sufficiently described in the contract.

(2) Such buyer shall keep a gold entry book in the form prescribed and in respect of every such purchase make the entries and observe the provisions prescribed by this Act in respect of the said book as if he were a licensed gold buyer.

Provision for Purchases by Jewellers, $'c.

3 7 . (1) Notwithstanding anything in this Act contained a n y Provisions as to

manufacturer of jewellery or other manufacturer of gold may without other gold™1

a licence buy from His Majesty's Mint or any bank gold for his own manufacturers, manufacturing purposes in the ordinary course of his business and may in such ordinary course smelt such gold and upon any change of ownership of the business gold which has been smelted may pass with the other assets of the business to his successor.

(2) Every manufacturer of jewellery or other manufacturer of gold coia entry book. who buys gold or smelts gold shall keep a book to be called a gold entry book in the form prescribed, and shall comply with the provisions of sections twenty-three and twenty-four of this Act as if expressly named therein and in respect of every such purchase shall make the entries and observe the provisions prescribed by the said sections.

Provision for Assaying, fyc, at University and Schools of Mines.

3 8 . No licence shall be required to assay or smelt samples of gold Provisions aBto for experimental purposes in any public department of the State or at and Collegia,

the Melbourne University or any college affiliated thereto, or at any 7*- »• 38. school of mines or working men's college.


Gold Buyers Act 1915 l. 39. Licence for buyer of wrought gold.

Unlicensed person not to buy wrought gold. Duration of licence.

Name and description to be painted up.

Licensee not to buy wrought gold elsewhere than at licensed premises Penalty on unlicensed person pretending to be licensed &c.

Kegister book to be kept.

Gold to be kept for at least seven days.

Copies of entries to be sent to Secretary for Mines.

Entries in book.

Inspection.

Meaning of "bought" or " purchased."

Purchase of Wrought Gold.

39 . (1) The Secretary for Mines on payment of a fee of Five shillings per annum, and in such form and subject to such conditions as may be prescribed may issue to any person applying in the prescribed form for the same a licence authorizing such person (hereinafter called a " licensed buyer of wrought gold ") to buy wrought gold at its metal value (that is to say its value to the buyer according to its carat quality).

(2) No person shall buy wrought gold at its metal value unless he is a licensed buyer of wrought gold.

(3) A licence under this section may at any time be called in and cancelled by the Secretary for Mines and shall after it is called in for cancellation have no force or effect.

(4) Every licensed buyer of wrought gold shall have his name together with the words " licensed buyer of wrought gold" painted distinctly in letters of not less than two inches in length near the front door of the place of business belonging to or occupied by him in such business as a buyer of wrought gold.

(5) No licensed buyer of wrought gold shall buy wrought gold elsewhere than at the premises at which he is licensed to carry on business as a buyer of wrought gold.

(6) Every person who not being a licensed buyer of wrought gold takes uses or exhibits the name or title of or pretends to be a licensed buyer of wrought gold or takes or uses any title or term or sign or symbol which may be construed to mean that he is a licensed buyer of wrought gold shall be guilty of an offence against this Act.

(7) Every licensed buyer of wrought gold shall keep a book of account in which he shall enter forthwith full particulars of—

(a) the full name and address of the person from whom any wrought gold is bought;

(b) the weight of wrought gold bought from each seller ; (c) the price given therefor ; (d) the date of each purchase; (e) such other matters as may be prescribed.

(8) Every licensed buyer of wrought gold shall keep all wrought gold purchased by him in his possession unmelted and in the same condition as when purchased for a period of at least seven days from and after the date on which he purchased it.

(9) Every licensed buyer of wrought gold shall within seven days after the close of each month post to the Secretary for Mines a copy certified by him as correct of all entries made pursuant to this section in such book during the said month.

(10) Any entry in a book kept as aforesaid shall be deemed unless the contrary is shown to have been made by or with the authority of the licensed buyer of wrought gold keeping such book.

(11) Any member of the police force may examine any such book at any time, and may within the period of seven days after any such purchase examine any wrought gold so bought.

(12) For the purposes of this section any wrought gold which is taken in exchange as payment or part payment for other goods shall be deemed to be bought or purchased within the meaning of this section.


(13) The Secretary for Mines may at any time during any year— OoUBnyen JM.OL I H I D I

(a) on payment of a fee of Two shillings and sixpence, by Transfer of indorsement on any licence under this section transfer the lloence-licence from the premises specified therein to any other premises ;

(b) upon proof to his satisfaction of the loss of any licence Lost licence.

under this section and on payment of a fee of Two shillings and sixpence issue to the licensee a new licence in place of the lost licence.

(14) Every person who is guilty of a contravention of the provisions Penalties. of this section or who wilfully makes or causes to be made any false or incomplete entry in any book kept as aforesaid or who hinders or delays any member of the police force in examining such book or any gold so bought shall be guilty of an offence against this Act.

Dealers in Precious Stones.

40 . (1) For the purposes of this section the expression "precious Meaning of stones " means such kinds or classes or qualities of precious stones as 8tones!"US

the Governor in Council by notice published in the Government «• «• •«>. Gazette may from time to time declare to be precious stones within the meaning of this section.

(2) The Secretary for Mines may on payment of a fee of Five Power to issue shillings per annum and in such form and subject to such conditions as SeSin'irf may be prescribed issue to any person applying in the prescribed form precious stones. for the same a licence authorizing such person (hereinafter called a " licensed dealer in precious stones ") to buy or sell precious stones.

(3) No person shall sell any precious stones— Hestriotionson . . ! ! • T T i l * • , sale of precious

(a) unless he is a licensed dealer m precious stones, or stones. (b) unless he sells to such a licensed dealer.

(4) No person (other than a licensed dealer) shall buy any Restrictions on precious stones except from a licensed dealer. precio stones.

(5) A licence under this section may at any time be called in and Duration of

cancelled by the Secretary for Mines and shall after it is called in for llcenoe-cancellation have no force or effect.

(6) Every licensed dealer in precious stones shall have his name Licensed dealer together with the words " licensed dealer in precious stones " painted ôn8 ,™^, distinctly in letters of not less than two inches in length near the front his place of door of the place of business belonging to or occupied by him in such business as a dealer in precious stones.

(7) No licensed dealer in precious stones shall buy precious stones Precious stones elsewhere than at the premises at which he is licensed to carry on o°^"piace 0f business as a dealer in precious stones. business.

(8) Every person who not being a licensed dealer in precious stones penalty or. unlicensed person takes uses or exhibits the name or title of or pretends to be a licensed

dealer in precious stones or takes or uses any title or term or sign or fiCm™d'!srot0 be

symbol which may be construed to mean that he is a licensed dealer in precious stones shall be guilty of an offence against this Act.

844 GOLD BUYERS ACT 1928. f!9 GEO. V.

Gold Buyers Act 1915. Records of purchases &o. of precious stones.

Precious stones to be kept unaltered for at least seven days.

Monthly return to be made by licensed dealer.

Inspection.

Entries.

Meaning of "bought "or "purchased."

Transfer of licence.

Lost licence.

Penalties.

(9) Every licensed dealer in precious stones who buys or receives into his custody or possession any precious stones shall keep a book of account in which he shall enter forthwith full particulars of-—

(a) the full name and address of the person from whom the precious stones were bought or received;

(b) the precious stones so bought or received ; (c) the price (if any) given therefor, the date of each purchase

or receipt; and {d) such other matters as may be prescribed.

(10) Every licensed dealer in precious stones shall keep all precious stones purchased or received by him other than those purchased or received by him from any other licensed dealer in the usual and ordinary course of business in his possession in the same condition as when purchased or received for a period of at least seven days from and after the date on which he purchased or received them.

(11) Every licensed dealer in precious stones shall within seveu days after the close of eacli month post to the Secretary for Mines a copy certified by him as correct of all entries made pursuant to this section in such book during the said month.

(12) Any member of the police force may at any time examine any such book and may within the period of seven days after' any such purchase or receipt examine any precious stones so bought or received including any precious stones purchased or received from any other licensed dealer in the usual and ordinary course of business which are at the time of the examination in the possession or control of the licensed dealer.

(13) Any entry in a book kept as aforesaid shall be deemed unless the contrary is shown to have been made by or with the authority of the licensed dealer in precious stones keeping such book.

(14) For the purposes of this section any precious stones taken in exchange as payment or part payment for other goods shall be deemed to be bought or purchased within the meaning of this section.

(15) The Secretary for Mines may at any time during any year— {a) on payment of a fee of Two shillings and sixpence, by

indorsement on any licence under this section transfer the licence from the premises specified therein to any other premises ;

(b) upon proof to his satisfaction of the loss of any licence under this section and on payment of a fee of Two shillings and sixpence issue to the licensee a new licence in place of the lost licence.

(16) Every person who fails to comply with or is guilty of a contravention of the provisions of this section or who wilfully makes or causes to be made any false or incomplete entry in any book kept as aforesaid or who hinders or delays any member of the police force in examining such book or any precious stones so bought or received shall be guilty of an offence against this Act.

Continuance of licence. lb. t. 41.

Miscellaneous. 4 1 . Every licence granted or renewed under the provisions of

this Act shall unless sooner revoked or called in for cancellation be

f


iu force until the last day of December in the year which the same is ooidBvym granted or renewed and no longer. Act 1916-

4 2 . Where any licence is under any provision of this Act granted Proportionate or issued after the last day of March in any year the fee to be paid lên^ncetm therefor shall not be the fee prescribed for a whole year if such fee is '^ 'o n l y o f

more than Five shillings but shall be a fee pro rata for the unexpired n.,. 42. period of the licence, calculated from the beginning of the quarter in which such licence is granted such pro ratd, fee to be not less than Five shillings. This section shall not apply to the renewal of a licence.

4 3 . No person shall receive keep buy sell assay or smelt gold or Gold not to be leave or deposit gold with any person on the premises of any holder of Ifouse.'10"13"1

any licence under the Licensing Act 1928 or any Act thereby repealed, n.«. *s. This section shall not apply to any such person when a licensee under this Act.

44 . No licensed gold buyer except a bank or the registrar or GOM buyer not principal officer of a school of mines shall have or permit to be or l°pp^Jây'ng

remain on his premises or have or use elsewhere any crushing smelting ib.s.u. or assaying appliances except a pestle and mortar.

4B. (1) No person except a licensee or a mining company regis-Registration of tered under Part I. or Part I I . of the Companies Act 1928 shall have êfiggoid. any appliance for'treatment of gold or smelting of gold whether in use ib.«. 46. or not in his possession or under his control or upon any premises used or occupied by him unless his full name address and signature and the particulars and situation of the appliance are registered at the police station nearest to his address and he is in possession of a certificate of such registration signed by the member of the police force in charge of such police station.

(2) A duplicate of such certificate shall be sent by such member of the police force to the Chief Commissioner of Police and Inspector of Mines for the district wherein the appliance is kept.

(3) This section does not apply to the stocks of vendors or manufacturers of mining appliances held in the ordinary course of trade and not used.

4 6 . (1) During the month of January in each year or when SO Annual

prescribed every person who during the preceding year has removed cy?Ltdlra0who or treated any tailings from the surface of any land or who intends so Jai7ln

v|or treat

to remove or treat tailings whether or not under a licence so to do Ib_,_ 4j_ shall in such manner and form as may be prescribed forward his name and address and place or proposed place of operations to the Secretary for Mines and shall make such returns and permit such assays to be made as may be prescribed.

(2) Every person who fails to comply with the provisions of this section shall on conviction be liable to a penalty of not less than Two nor more than Ten pounds.

47- No child under fifteen years of age shall sell gold and every NO child undei person who buys gold from any child apparently under the age of f^n t0 8e" fifteen years shall be guilty of an offence against this Act. ib. s. 47.

846 GOLD BUYERS ACT 1928. |10 GEO. V.

Gold Buyers Act 1916 ». 48. person in possession of gold to account for same.

Untrue statements by seller &c. lb. t. 49.

Untrue statements by witness to sale fee. 76. ». 60.

Untrue entr ies by buyer or smelter. lb. s. 61.

Untrue statements to the Minister »fcc. lb. 8. 62.

4 8 . Every person who offers gold for sale or for smelting or assaying or who has gold in his possession or control or who has sold any gold or for whom any gold has been smelted or assayed or who in any proceeding under this section states that he gave or intrusted oris alleged to have given or intrusted the gold to the defendant may be required by a licensed gold buyer or licensed gold assayer to whom the gold is or was offered or by whom the gold was bought or smelted or assayed or any member of the police force or a justice to satisfy him that such person came lawfully by the same or that the same was obtained from the claim place or works mentioned in the entry (if any) signed by him; and if he does not so satisfy(a> such gold buyer gold assayer member or justice, proceedings for an oft'ence against this Act may be taken against such person upon the information of such gold buyer gold assayer or member or by direction of such justice; and upon the hearing unless such person satisfies the court of petty sessions that he honestly came by the same he shall be convicted of an offence against this Act.

The said gold if proved to be or to have been in the possession of the defendant whether in a building or elsewhere and whether the possession thereof has been parted with by the defendant before being brought before the said court or not shall for the purposes of this section be deemed to be in the possession of the defendant.

4 9 . If any entry in a gold entry book signed by or on behalf of a seller or person leaving gold with a gold assayer for smelting or assaying is untrue or incomplete in any particular or if the name by which any person named in the entry or signing the same is generally known is not disclosed therein such seller or person and the person if any for whom he acts shall be guilty of an offence against this Act.

50. Every person who signs on behalf of a seller or person leaving gold with a gold assayer for smelting or assaying or as a witness auy entry knowing or having reason to believe or suspect that the entry is untrue or incomplete in any particular or that the name by which any person mentioned in the entry in a gold entry book or signing the same is generally known is not disclosed therein and every person who signs the seller's name not having been requested by the seller so to do on his behalf shall be guilty of an offence against this Act.

5 1 . If any licensee buys sells receives delivers or smelts or assays gold knowing or having reasonable grounds to believe or suspect that any entry in a gold entry book is untrue or incomplete in auy particular or that tlie name by which any person mentioned in the entry or signing the same is generally known is not disclosed therein he and the person if any for whom he acts shall be guilty of an offence against this Act.

52 . If any notice or statement or copy posted or sent or delivered to the Minister or the Secretary for Mines or member of the police force or to the Mint or to any Inspector of Mines or any public officer is untrue or incomplete in any substantial particular or if the name by which any person mentioned in or signing or delivering the notice or statement or copy is generally known is not disclosed therein the person

(a) An information charging a defendant for that he did have in his possession certain gold and did fail to satisfy the informant, a member of the police force, when required so to do, that ho

came lawfully by the same, discloses an offence under this section.—Bogerson v. Williams, 1016 V.L.R., 356.


selling the gold or posting sending or delivering the notice or copy or Goia Buyers statement and the person if any for whom he acts shall be guilty of an ctl915-offence against this Act.

5 3 . (1) Every person who sells gold to the Mint or who leaves information to gold at the Mint for the purpose of selling the same to the Mint or of pereonTemn 'L being coined shall (except with the consent of the Minister) within J"™^!.' gow three days after so doing send or deliver to the Secretary for Mines in m. s. 53? such form as may be prescribed full particulars as to the gold so sold or left for the purposes aforesaid.

(2) Every person who desires to export or remove gold from Victoria shall at least three days before so exporting or removing any gold scud or deliver to the Secretary for Mines in such form as may be prescribed full particulars of the gold which he intends to export or remove.

(3) Every person who fails to comply with any of the provisions of this section shall be guilty of an offence against this Act.

54 . Every person who not being a licensed gold buyer or licensed Penalty on gold assayer (as the case may be) takes uses or exhibits the name or person"* title of or pretends to be a licensed gold buyer or licensed gold {j ™ j l n g t0 be

assayer or takes or uses any title or term or sign or symbol which may ib.». 54. be construed to mean that he is qualified or is willing to buy or assay gold shall be guilty of an offence and shall for every such offence be liable to a penalty of not less than Five nor more than Three hundred pounds or to imprisonment with or without hard labour for a term of not more than two years.

55 . Where any matter or thing is by or pursuant to this Act Non-directed or forbidden to be done and such matter or thing so directed to p'roôns'a'n0' be done remains undone or such matter or thing so forbidden to be offcnce-done is done in every such case every person offending against such Ib's'56' direction or prohibition shall be deemed to be guilty of an offence against this Act. • " O "

56 . (1) Every person guilty of an offence against any of the Penalties tor

Ib. t. 56. provisions of this Act for which no punishment is expressly provided shall in addition to any other penalty to which he may be liable for such offence be liable on conviction in a summary way to a penalty of not less than Two nor more than Three hundred pounds or to imprisonment with or without hard labour for a term of not more than two years or to both such penalty and imprisonment, and on conviction within two years for a second offence against any such provision shall be liable to imprisonment with or without hard labour for a term of not less than one month nor more than two years without the option of a pecuniary penalty, and if a licensee his licence shall on a second conviction ipso

facto become void as if the same had been actually revoked. (2) Notwithstanding anything contained in this Act where any

person is convicted of buying gold without having obtained a licence as a gold buyer under this Ace he shall be punished by imprisonment without the option of a fine.

(3) For any offence against any of the provisions of this Act for which a minimum penalty is not expressly provided the lowest pecuniary penalty which may be imposed under'any of the provisions of this Act shall be Two pounds.



Who may prosecute. lb. t. 57.

(4) Gold in possession of the police or any informant or the subject of a prosecution shall on the conviction of the person charged be given back to the owner if he is known. If the owner of such gold is not discovered within six months from the conviction of the offender such gold may be sold. The proceeds of such sale shall be paid to the Treasury of Victoria and shall form part of the Consolidated Revenue.

(5) The provisions of this Act shall be subject to the provisions of section seventy-two of the Justices Act 1928.(a»

5 7 . Any Inspector of Mines or any member of the police force or any person thereto authorized by the Minister may take proceedings against any licensed gold buyer or licensed gold assayer for the revocation of his licence or against any licensee or against any other person for any contravention of this Act. In any proceedings no proof shall be required of authority under this section.

58 . In any proceedings against any person for acting as a gold buyer or carrying on the business of buying gold or assaying or smelting contrary to the provisions of this Act such person shall be deemed to be unlicensed unless at the hearing of the case he produces his licence or proves to the satisfaction of the court that he is a licensed gold buyer or gold assayer (as the case may be).

Burden of proof. 5 9 . I n any proceedings against any person licensed under this n.«. 59. Ac t for any failure to comply with any of the requirements thereof

the burden of proof t ha t such requirements have been complied with shall be on the defendant.

Persons deemed to be unlicensed. lb. s. 5S.

Warrant to search premises for gold &c. unlawfully in possession. Tb. 8. 60.

60. Where a member of the police force makes information in writing on oath that he has reasonable canse to believe and does believe that any person not being licensed so to do has bought or assayed or smelted gold or has gold in his possession or control unlawfully, or that any crushing smelting or assaying appliances are unlawfully in the possession or under the control of any person, a police magistrate may issue his warrant to such member authorizing him with such assistance as may be necessary to search any premises specified in such warrant, and to take possession of any such gold or such crushing smelting or assaying appliances, and to apprehend any person not being so licensed or any person in whose possession or under whose control such appliances may be found, and to take any such person before a court of petty sessions or justice to be dealt with according to law.

6 1 . No member of the police force or other person if such member or other person is act ing under instructions from any officer of police shall be deemed to be an offender or accomplice in the commission of any offence against any of the provisions of this Act a l though such member or other person migh t but for this section have been deemed to be such an offender or accomplice.

convicted 6 2 . No person shall be employed to assist the police in obtaining ttssistnpo"icc'° convictions under this Act if such person has been convicted under ib.». 62. this or any other Act of an offence punishable by imprisonment

without the option of a fine.

Accomplice. Ib. s. 61.

(a) This seotion relates to the power of the court to refrain from oonvioting if the offence IB a trifling one. 0


6 3 . (1) A court of petty sessions in the exercise of any powers ooUBuyen conferred upon it by this Act shall have the like powers of hearing fa 1915/' 6S\

r , J. . . , , n it-r ,. ,, n ° Powers of courts examining and receiving evidence and ot compelling the attendance of petty of witnesses and the production of books papers and documents ndeTlot t'onff

as are possessed by courts of petty sessions acting under the powers ^"to'compei conferred by the Justices Act 1928. attendance of

(2) Every person required to attend before such court as a witness who without just cause—

(a) neglects or refuses to comply with the tenor of the summons, or

(b) having appeared refuses to be examined on oath or affirmation concerning the premises or to take such oath or affirmation, or to answer such questions concerning the premises as are put to him,

may be dealt with in all respects as by any law relating to courts of petty sessions or the examination of witnesses before justices, persons so refusing or neglecting are to be dealt with.

Regulations. 64 . (1) The Governor in Council may by Order published in the Regulations.

Government Gazette make regulations prescribiug— Ib- »•M-the form of licences, of applications for licences and renewals

of licences, and of certificates preliminary to the granting of licences and for theissue of licences and renewals of licences;

the notices to be given by applicants ; the books which shall be kept by a licensee and the form of

entries to be made therein ; by whom such entries shall be signed or certified and for the

identification of any party to a transaction or person signing any entry;

the particulars to be kept by clerks of petty sessions with regard to the granting renewal or revocation of licences;

the localities or districts in and for which gold buyers' or gold assayers' licences may be issued;

the couditions under which special gold assayers' licences may be issued;

for keeping a central record of all licences in force; for calling in revoked licences ; the notification by licensees of the address of their place of

business and of any change in such address ; the notification by every licensee upon the outside of his place

of business of his name and the nature of his business; the returns which shall be furnished by every licensee the time

and manner of furnishing such returns and the persons or authorities to whom the same shall be furnished;

the form of declaration required to be made by any person tendering to a licensee any gold for sale or otherwise ;

the form of assayers' certificates ; any alterations of the Second Schedule to this Act which may second

J , j . vi Schedule. be necessary or desirable ;

anything authorized by this Act to be prescribed; and generally for carrying into effect the provisions of this Act.(o)

(a) See also section 35 (7). VOL. n.—54 '

850 GOLD BUYERS ACT 1928.

Oold Buyers Act 1915. Publication of regulations.

(2) All such regulations when made by the Governor in Council shall be published in the Government Gazette and when so published shall have the force of law and shall be judicially noticed and shall be laid before both Houses of Parliament within fourteen days after the same have been made if Parliament is then sitting and if Parliament is not then sitting then within ten days after the next meeting of Parliament, and a copy of any proposed regulations shall be posted to each Member of Parliament at least fourteen days before such regulations are approved by the Governor in Council.

Section 2.

SCHEDULES.

FIRST SCHEDULE.

Number of Act. Title of Act. Extent of Repeal.

2662 ... Oold Buyers Act 1915 The whole

Sections 18 & 64. SECOND SCHEDULE.

GOLD BUYER'S (or GOLD ASSAYER'S) GENERAL LICENCE FOR A BANK.

I, Secretary for Mines for the State of Victoria, by virtue of the powers conferred upon me under the provisions of the Oold Buyers Act 1928 do hereby grant to the Bank carrying on business at its head office at , and at the branches or agencies described on the back hereof, a licence to buy gold (or assay and smelt gold), under the provisions of the said Act, at the head office and any of the said branches or agencies, until the 31st day of December, 192 .

Given under my hand at Melbourne this day of , 19 .

Secretary for Mines.

List of Branches or Agencies Licensed, and names of present Managers thereof.

Place where Branch or Agenoy EstabliLhed. Nome of Manager.

Documents

GOLD BUYEES ACT 1928. - AustLII