Gold and Silver Confiscation? It’s Written In The Law

Commodities / Gold and Silver 2014 Jan 26, 2014 - 11:48 AM GMT

Whilst most people in the precious metal community know about President Roosevelt’s gold confiscation in the 1930’s, less people are aware that there was also an executive order to confiscate silver which I wrote about here: http://www.marketoracle.co.uk/Article36933.html

The topic of gold and silver confiscation never seems to go away so I thought it would be interesting to look at the issue from a legal perspective. As I live in Australia, I looked at the two laws that cover our country:

1. The currency act 1965

2. The banking act 1959.

As the name suggests, the currency act cover all the coins and notes issued in Australia. It is important to know that this act repealed previous currency acts so that all previous coins and notes issued now fall under this act. The part of the act that is relative to confiscation is section 6, part 23:

23 Coins may be called in

(1) The Governor-General may, by Proclamation, call in any coins

issued under this Act or the repealed Acts before a date specified in

the Proclamation.

(2) A Proclamation under subsection (1) has effect from such date as is

specified in the Proclamation for the purpose.

Australia has two main mints, The Royal Australian Mint in Canberra which issues our circulating currency and a few special collector coins and The Perth Mint which issues the vast majority of our precious metal coins which are issued under the currency act.

So in Australia, it is already in law that the government can confiscate all of our gold and silver coins going right back to the first gold sovereigns minted in the mid 1800’s.

What about gold and silver in other formats?

This is where the banking act comes in. The relevant section of this act is section four. This section is currently suspended but is still in law and can be revived at any time without the need of an act of parliament:

Part IV—Gold

40 Operation of Part

(1) This Part shall not be in operation except as provided by this section.

(2) Where the Governor‑General is satisfied that it is expedient so to do, for the protection of the currency or of the public credit of the Commonwealth, the Governor‑General may, by Proclamation, declare that this Part, or such of the provisions of this Part as are specified in the Proclamation, shall come into operation, and this Part, or the provisions so specified, shall thereupon come into operation.

(3) Where the Governor‑General is satisfied that it is no longer expedient, for the protection of the currency or of the public credit of the Commonwealth, that this Part, or any of the provisions of this Part, should remain in operation, the Governor‑General may, by Proclamation, declare that this Part, or such of the provisions of this Part as are specified in the Proclamation, shall cease to be in operation, and thereupon this Part, or the provisions so specified, shall cease to be in operation.

41 Transfer of gold out of Australia

(1) A person shall not, except with the consent in writing of the Reserve Bank, take or send any gold out of Australia.

(2) A person is guilty of an offence if:

(a) the person contravenes subsection (1); and

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.

(3) An offence against subsection (2) is an indictable offence.

42 Delivery of gold

(1) Subject to this Part, a person who has any gold in the person’s possession or under the person’s control, not being:

(a) gold coins the total value of the gold content of which does not exceed the prescribed amount; or

(b) gold lawfully in the possession of that person for the purpose of being worked or used by that person in connexion with the person’s profession or trade;

shall deliver the gold to the Reserve Bank, or as prescribed, within one month after the gold comes into the person’s possession or under the person’s control or, if the gold is in the person’s possession or under the person’s control on any date on which this Part comes into operation, within one month after that date.

(1A) A person is guilty of an offence if:

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

Penalty: 50 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.

(2) Where a person who has gold lawfully in the person’s possession for the purpose of being worked or used by the person in connexion with the person’s profession or trade ceases to have that purpose in respect of that gold, the person shall deliver the gold to the Reserve Bank, or as prescribed, within one month after the person has ceased to have that purpose in respect of that gold.

(3) A person is guilty of an offence if:

(a) the person fails to comply with subsection (2); and

Penalty: 50 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.

43 Vesting of gold delivered

All gold delivered in pursuance of section 42 shall thereupon vest in the Reserve Bank absolutely, free from any mortgage, charge, lien, trust or other interest in or affecting the gold, and the Reserve Bank shall pay for the gold, to the person delivering the gold, on behalf of all persons having any interest in the gold, an amount determined in accordance with section 44 and the Reserve Bank shall not be under any liability to any other person claiming any interest in the gold.

44 Payment for gold

The amount to be paid for any gold delivered in pursuance of section 42 shall be an amount determined in accordance with such price as is fixed and published by the Reserve Bank or, at the option of the person delivering the gold, such amount as is determined in an action for compensation against the Reserve Bank.

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 is guilty of an offence if:

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

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 is guilty of an offence if:

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

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.

46 Limitation on working of gold

(1) A person shall not work or use in manufacture any gold, not being gold lawfully in the person’s possession for the purpose of being worked or used by the person in connexion with the person’s profession or trade.

(2) A person is guilty of an offence if:

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

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.

(3) An offence against subsection (2) is an indictable offence.

47 Application of Part

(1) This Part does not apply to wrought gold, not being wrought gold worked or manufactured in contravention of this Part.

(2) In this section, wrought gold means gold and gold alloys which on view have apparently been worked or manufactured for professional or trade purposes and includes the waste products arising from the working or manufacturing of gold and gold alloys for professional or trade purposes.

So by reading this part of the act, we can see that it is already in law that the government can confiscate gold (part 4, section 42, b) AND determine how much they pay for it. (section 44)

In conclusion, In Australia, we already have the laws in place to confiscate all of our precious metal coins and all of our gold. Only silver, platinum and palladium in bar form are not currently covered by confiscation laws.

Have you read your countries laws?

Paul Behan

Sydney, Australia

www.youtube.com/ozcopper

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