- Reprinted as at 19 December 1973 (HISTACT2 CHAP 321 #DATE 19:12:1973)
(2) The last preceding sub-section does not affect the operation of any amendment of an Act made by an Act referred to in that sub-section or any provision for the citation of an Act as so amended.
(2) In this Act, a reference to the policy of the Reserve Bank, or to the monetary and banking policy of the Reserve Bank, includes a reference to the policy of the Reserve Bank, or to the monetary and banking policy of the Reserve Bank, as the case may be, in the performance of its functions under the Banking Act 1959 or under any other Act.
(2) Section 8 of the Acts Interpretation Act 1901-1973 applies in relation to a notice published under this section as if the notice were an Act repealing this Act to the extent that, immediately before the date specified in the notice, this Act extended to the Territory specified in the notice.
(2) Subject to the next succeeding sub-section, a reference in a law of the Commonwealth or of a Territory in force immediately before the commencement of this Act to the Commonwealth Bank of Australia or to the Commonwealth Bank shall be read as a reference to the Reserve Bank. Amended by No. 118, 1973, s. 6.
(3) The last preceding sub-section does not apply to a reference in a law of the Commonwealth specified in the First Schedule or in a copy of an agreement set out in a Schedule to an Act.
SECT 10.
(1) Subject to this Part, the Board has power to determine the policy of the Bank in relation to any matter and to take such action as is necessary to ensure that effect is given by the Bank to the policy so determined.
(2) It is the duty of the Board, within the limits of its powers, to ensure that the monetary and banking policy of the Bank is directed to the greatest advantage of the people of Australia and that the powers of the Bank under this Act, the Banking Act 1959 and the regulations under that Act are exercised in such a manner as, in the opinion of the Board, will best contribute to- (a) the stability of the currency of Australia; (b) the maintenance of full employment in Australia; and (c) the economic prosperity and welfare of the people of Australia.
(2) In the event of a difference of opinion between the Government and the Board whether that policy is directed to the greatest advantage of the people of Australia, the Treasurer and the Board shall endeavour to reach agreement.
(3) If the Treasurer and the Board are unable to reach agreement, the Board shall forthwith furnish to the Treasurer a statement in relation to the matter in respect of which the difference of opinion has arisen.
(4) The Treasurer may then submit a recommendation to the Governor-General, and the Governor-General, acting with the advice of the Federal Executive Council, may, by order, determine the policy to be adopted by the Bank.
(5) The Treasurer shall inform the Board of the policy so determined and shall, at the same time, inform the Board that the Government accepts responsibility for the adoption by the Bank of that policy and will take such action (if any) within its powers as the Government considers to be necessary by reason of the adoption of that policy.
(6) The Board shall thereupon ensure that effect is given to the policy determined by the order and shall, if the order so requires, continue to ensure that effect is given to that policy while the order remains in operation. Amended by No. 118, 1973, s. 6.
(7) The Treasurer shall cause to be laid before each House of the Parliament, within fifteen sittings days of that House after the Treasurer has informed the Board of the policy determined under sub-section (4)- (a) a copy of the order determining the policy; (b) a statement by the Government in relation to the matter in respect of which the difference of opinion arose; and (c) a copy of the statement furnished to the Treasurer by the Board under sub-section (3).
(2) Subject to sub-section (1) of section 10, the Bank shall be managed by the Governor.
(3) The Deputy Governor shall perform such duties as the Governor directs and, in the event of a vacancy in the office of Governor, the Deputy Governor shall perform the duties of the Governor and shall have and may exercise the powers and functions of the Governor.
(2) Of the seven members appointed under paragraph (d) of the last preceding sub-section, at least five shall be persons who are not officers of the Bank or of the Public Service of the Commonwealth. Amended by No. 118, 1973, s. 6.
(3) A member appointed under paragraph (d) of sub-section (1) who is an officer of the Bank or of the Public Service of the Commonwealth at the time of his appointment holds office during the pleasure of the Governor-General. Amended by No. 118, 1973, s. 6.
(4) A member appointed under paragraph (d) of sub-section (1) who is not an officer of the Bank or of the Public Service of the Commonwealth- (a) shall, subject to the next succeeding sub-section, be appointed for a period of five years but is eligible for re-appointment; and (b) holds office subject to good behaviour.
(5) In the event of a member of the Board appointed under this section for a specified period ceasing to hold office before the expiration of that period and the appointment in his place of a person other than an officer of the Bank or of the Public Service of the Commonwealth, the period of that appointment shall be the remainder of the period of office of the member so ceasing to hold office.
(2) In this section, ''month'' means any of the twelve months of the year.
(2) The Chairman shall preside at all meetings of the Board at which he is present and, in the absence of the Chairman, the Deputy Chairman shall preside.
(3) Six members, of whom the Chairman or the Deputy Chairman shall be one, form a quorum at a meeting of the Board.
(4) Questions arising at a meeting of the Board shall be decided by a majority of the votes of the members present and voting.
(5) The member presiding at a meeting of the Board shall have a deliberative vote and, in the event of an equality of votes, shall also have a casting vote.
(2) A disclosure under the last preceding sub-section shall be recorded in the minutes of the Board and, after the disclosure, the member of the Board- (a) shall not take part in any deliberation or decision of the Board with respect to that contract; and (b) shall be disregarded for the purpose of constituting a quorum of the Board for any such deliberation or decision.
(2) The Governor and the Deputy Governor shall be paid by the Bank such salary and allowances as the Governor-General determines.*
(2) The Board may, from time to time, transfer from the Reserve Bank Reserve Fund to the capital of the Bank for the purposes of this Part such sums as the Board determines.
(2) The Bank shall keep the accounts and transactions of the Note Issue Department separate and distinct from the other accounts and transactions of the Bank.
(2) Australian notes shall be printed by, or under the authority of, the Bank.
(2) For the purposes of the last preceding sub-section, an Australian note of a denomination specified in the first column of the following table has the value in the currency provided for by the Currency Act 1965 that is set out in the second column of that table opposite to the denomination of that note:- TABLE ------------------------------------------------------------------------------ -- First Column Second Column ------------------------------------------------------------------------------ -- Ten shillings One dollar One pound Two dollars Five pounds Ten dollars Ten pounds Twenty dollars Twenty pounds Forty dollars Fifty pounds One hundred dollars One hundred pounds Two hundred dollars One thousand pounds Two thousand dollars ------------------------------------------------------------------------------ --
(2) The signatures may be made in the handwriting of those persons or may be made by engraving or by any other process determined by the Bank.
(2) In the preparation of a statement, notes of a denomination not exceeding One pound or Two dollars that have been on issue for more than twenty years, and notes of a denomination exceeding One pound or Two dollars that have been on issue for more than forty years, shall not be included.
(3) The statement shall be countersigned by the Governor or the Deputy Governor, shall be forwarded to the Treasurer and shall be published in the Gazette.
(2) A State shall not issue a bill or note for the payment of money payable to bearer on demand and intended for circulation.
(2) This section does not affect the liability of a person to be proceeded against for a higher offence, but a person shall not be punished twice in respect of the same act.
(2) A constable may at any time seize an article forfeited under this section or an article which he has reasonable ground to believe is forfeited under this section and bring it before a court of summary jurisdiction.
(3) A court of summary jurisdiction may, after such notice (if any) and to such person (if any) as it thinks fit to direct, order an article seized in pursuance of this section or the next succeeding section to be condemned or to be returned to the person from whom it was seized.
(4) An article condemned in pursuance of this section shall be dealt with as the Treasurer directs and, pending his direction, may be detained in such custody as the court directs.
(2) The laws of the State or Territory in which such a search warrant is granted apply, so far as applicable, to that search warrant.
(2) The Bank shall keep the accounts and transactions of the Rural Credits Department separate and distinct from the other accounts and transactions of the Bank.
(2) In lieu of making advances under the last preceding sub-section, the Bank may, through the Rural Credits Department, discount bills for a body specified in paragraph (a), (b) or (c) of that sub-section.
(3) An advance under this section shall not be made for a period of more than one year.
(4) For the purposes of this section, ''primary produce'' means goods specified in the Second Schedule to this Act and includes prescribed primary produce and prescribed goods associated with the production of primary produce.*
(2) The Rural Credits Development Fund shall be used in such manner as the Bank determines for the promotion of primary production.
(2) The officers appointed under this Part shall constitute the Reserve Bank Service.
(3) Subject to this Part and to the regulations, officers hold office on such terms and conditions as the Bank determines.
(2) Employees so appointed shall be employed on such terms and conditions as the Bank determines.
(2) The Bank may, with the approval of the Treasurer, make rules, not inconsistent with this Act or the regulations, for or in relation to the superannuation fund.
(2) The Bank may lend money to an officer- (a) for the purchase, erection, alteration, renovation or enlargement of a home in which he resides or intends to reside; or (b) to discharge a mortgage, charge or encumbrance on such a home. Amended by No. 93, 1966, s. 3.
(3) The Bank may, where the Governor is satisfied that special circumstances exist, lend to an officer, upon such terms and conditions as the Governor thinks fit, money not exceeding at any one time One thousand dollars.
(2) The Bank shall forward a copy of the list to the Treasurer for presentation to the Parliament.
(2) After the expiration of a reasonable time after the commencement of this Act, the head office of the Bank shall not be in the same building as the head office of any other bank or of the Commonwealth Banking Corporation.
(2) The Auditor-General shall, at least once in each year, report to the Treasurer the results of the inspection and audit carried out under the last preceding sub-section.
(3) The Auditor-General or an officer authorized by him is entitled at all reasonable times to full and free access to all accounts, records, documents and papers of the Bank relating directly or indirectly to the receipt or payment of moneys by the Bank or to the acquisition, receipt, custody or disposal of property of the Bank.
(4) The Auditor-General or an officer authorized by him may make copies of or take extracts from any such accounts, records, documents or papers.
(5) The Auditor-General or an officer authorized by him may require a prescribed person to furnish him with such information in the possession of the prescribed person or to which the prescribed person has access as the Auditor-General or authorized officer considers necessary for the purposes of an inspection or audit under this Act, and the prescribed person shall comply with the requirement.
(6) In this section, ''prescribed person'' means the Governor, the Deputy Governor or other member of the Board, or an officer.
(2) The Auditor-General, in his report upon the financial statements prepared in pursuance of the last preceding sub-section- (a) shall report whether the statements are in agreement with the accounts and records of the Bank and show fairly the financial operations and the state of the affairs of the Bank; and (b) shall report on such other matters arising out of the statements as the Auditor-General considers should be made known to the Parliament. Amended by No. 118, 1973, s. 6.
(3) The Board shall transmit true copies of each report and financial statement prepared in pursuance of sub-section (1), and of the report of the Auditor-General upon each such statement, to the President of the Senate and to the Speaker of the House of Representatives to be laid before the Senate and the House of Representatives respectively.
(2) A contract which, if made between private persons, would be by law required to be in writing under seal may be made, varied or discharged in the name and on behalf of the Bank in writing under the seal of the Bank.
(3) A contract which, if made between private persons, would be by law required to be in writing and signed by the parties to be charged therewith may be made, varied or discharged in the name and on behalf of the Bank in writing signed by any person acting with the express or implied authority of the Bank.
(4) A contract which, if made between private persons, would by law be valid although made by parol only and not reduced into writing, may be made, varied or discharged by parol in the name and on behalf of the Bank by a person acting with the express or implied authority of the Bank.
(5) Nothing in this section invalidates a contract executed on behalf of the Bank by a duly appointed attorney of the Bank if the contract would be valid if executed by the attorney on his own behalf.
NOTES 1. The Reserve Bank Act 1959-1973 comprises the Reserve Bank Act 1959 as amended by the other Acts specified in the following table: ---------------------------------------------------------------------------- Number Date of Act and year Date of Assent commencement ---------------------------------------------------------------------------- Reserve Bank Act 1959 No. 4, 1959 23 Apr 1959 14 Jan 1960 (see Gazette 1960, p. 47) Reserve Bank Act 1965 No. 96, 1965 10 Dec 1965 14 Feb 1966 Statute Law Revision (Decimal Currency) Act 1966 No. 93, 1966 29 Oct 1966 1 Dec 1966 Reserve Bank Act 1973 No. 118, 1973 26 Oct 1973 S. 5: 22 March 1971 Remainder: 26 Oct 1973 Statute Law Revision Act 1973 No. 216, 1973 19 Dec 1973 31 Dec 1973 ---------------------------------------------------------------------------- In relation to banking legislation of the Commonwealth, reference should be made to the Banking Act 1959-1973 (which regulates banking and makes provision for the protection of the currency and public credit of the Commonwealth), the Commonwealth Banks Act 1957-1973 (which establishes the Commonwealth Banking Corporation and makes provision for the conduct of the business of the Commonwealth Trading Bank, the Commonwealth Savings Bank and the Commonwealth Development Bank) and the Banking (Transitional Provisions) Act 1959-1973 (which enacts certain transitional provisions consequential upon the enactment of the Reserve Bank Act, the Commonwealth Banks Act and the Banking Act). 2.-S. 8-For further provisions relating to the powers of the Reserve Bank, see Parts II, IV, V and VII of the Banking Act 1959-1973. 3.-S. 24 (2)-By section 15 of, and Schedule 4 to, the Remuneration and Allowances Acts 1973, the rate per annum of the salary applicable to the office of Governor of the Reserve Bank of Australia is $32,650 and that of Deputy Governor $26,700 with annual allowances of $1,750 and $1,200 respectively. 4. By regulation 5A of, and the Second Schedule to, the Reserve Bank Regulations as in force at 31 December 1973, the following goods are prescribed primary produce for the purposes of sub-section 57 (4) of the Reserve Bank Act: Almonds Legumes Clover seed Linseed and linseed products Cocoa and cocoa beans Safflower seed and safflower seed products Coffee and coffee beans Seed of a leguminous plant Honey Tea 5.-Part VII-For provisions relating to the appointment to the Reserve Bank Service of officers of the former Commonwealth Bank Service, see Part V of the Banking (Transitional Provisions) Act 1959-1973.