FOR OFFENDERS.

Auckland Star, Volume LXXIV, Issue 229, 26 September 1940, Page 9

FOR OFFENDERS.

HEAVY PENALTIES.

POWERS OF MINISTER.

Power to require contributions to war purposes loans "is given in Regulations 1-1 of the Finance Emergency Regulations, 1940 (Xo. 2), issued on June 18.

This regulation provides that if the Minister has reason to believe that any person has not subscribed in due proportion to his means to any loan for the time being authorised to be raised by the Minister for the purposes of the War Expenses Account, established under Part I. of the War Expenses Act, 1939, the Minister may, by notice in writing, require that person to subscribe to the loan within a specified time or times.

In ascertaining the amount subscribed the Minister shall take into account all money paid by the person for the purposes of the War Expenses Account. However, any money paid for securities issued in respect of any war purposes loan shall not be taken into account unless such money is paid directly to the Minister in respect of the loan.

Provision for Appeal. There is provision for appeal on the grounds of undue hardship. Within 14 days of receiving notice that he must subscribe to the loan, the recipient may appeal to the Minister giving reason** why compliance with the notice would cause undue hardship. The Minister is required to make a full investigation of the appellant's circumstances, and he may refer the appeal to the Emergency Finance Council. He is not bound to refer it to the council, for the regulations provide that the appeal may go to such other body or person as the Minister thinks fit for inquiry and report.

If upon investigation the Minister deems it just and equitable so to do, the regulation requires that he' shall revoke or vary the notice or take such other action as he thinks fit.

Substantial penalties are provided for non-compliance with a notice to contribute to a war purposes loan. Noncompliance is an offence against the regulations and the offender shall be liable on summary conviction to a fine not exceeding the total contribution specified in the notice. The amount of every such fine shall be paid into the War Expenses Account. However, payment of this fine would not remove the obligation to pay the contribution demanded. In addition to this penalty the offender would be liable to any other penalty imposed under the regulations.

Offences Listed. Offences listed under the regulations include the making of false or misleading statements with intent to deceive, or any material omission in any declaration. Resistance, obstruction or deception of any officia.l and all acts in contravention of the regulations or failure to comply with any direction, notice, requirement or condition.

In the case of an individual an offender against the regulations is liable on summary conviction to imprisonment for a term not exceeding 12 months, or to a fine not exceeding £200, or to both imprisonment and fine. If the offence is a continuing one the offender is liable to pay a fine not exoeeding £200 for every day during which the offence continues.

In the case of a body corporate the penalty is even more severe. The fine for an offence may be anything up to £1000, with a fine not exceeding £1000 for every day during which the offence continues.