From Wikipedia, the free encyclopedia
Banking Act 1947
Parliament of Australia
  • An Act relating to Banking and for other purposes.
Citation No. 57 of 1947
Enacted by Australian House of Representatives
Enacted by Australian Senate
Enacted26 November 1947
Royal assent27 November 1947
Struck down by
Bank of New South Wales v Commonwealth Commonwealth v Bank of New South Wales
Status: Struck down

The Banking Act 1947 (Cth) [1] was an Act of the Parliament of Australia. It would have allowed the Commonwealth Government to nationalise and incorporate certain banks that operated in Australia into the Commonwealth Bank.


abrogated

which wanted to nationalise certain banks that operated in Australia.

However, it was struck down by the High Court of Australia and declared unconstitutional in Bank of New South Wales v Commonwealth. This decision then affirmed by the Judicial Committee of the Privy Council in the Bank Nationalisation Case.

Background

Following the 1890s Depression, the Australian Labor Party (ALP) became wary and critical of private banks, as the 1893 banking crisis caused multiple bank failures and led to depositors losing their savings. [2]

After continued efforts by King O'Malley, Labor went to the 1910 federal election promising to found a new publicly owned bank. They subsequently won the election, and thus, in 1911, Labor established the Commonwealth Bank under the Commonwealth Bank Act 1911. and Denison Miller was appointed Governor of the Commonwealth Bank. In the interwar period, the Nationalist Party was elected to government and instituted reforms that established a board of directors to head the bank and curtailed the bank's powers in favour of private enterprise.


During the Second World War, and following the assumption of the executive by John Curtin and his government, banking and the banks themselves had a number of restrictions and controls placed on them.

1943 Australian federal election?

Banking Act 1945

Opposition to this Act came primarily from private banks and the Liberal–Country Coalition.

Following the Second World War,

1946 federal election


In the Melbourne Corporation v Commonwealth, the High Court struck down a section of the Banking Act 1945. [3]

Ben Chifley and his government to nationalise the banking sector

It

[4]

[5]

the newly formed Liberal Party

With the striking of the High Court


The Labor Party perceived that private interests were taking precedence over the public and consequently introduced the Banking Bill 1947.

The Act

It planned to establish a Federal Court of Claims to administer compensation

The Act planned to nationalise the Australian incorporated banks of: Ballarat Banking Company; Bank of New South Wales; Bank of Adelaide; Brisbane Building and Banking Company; Commercial Bank of Australia; Commercial Banking Company of Sydney; National Bank of Australasia; and Queensland National Bank. Additionally, the United Kingdom incorporated Bank of Australasia, English, Scottish and Australian Bank and Union Bank of Australia were also mentioned in the Act for nationalisation. The Australian operations of the Bank of China, Bank of New Zealand and the Comptoir National d’Escompte de Paris were also to be nationalised.

Legacy

Judicial Review

Bank of New South Wales v Commonwealth

as having violated the Constitution of Australia by interstate trade

by establishing a court that could not have a higher appeal, which contrary to section 75

Commonwealth v Bank of New South Wales


It was a factor in the victory of the Liberal-Country Coalition over the Australian Labor Party in the 1949 Australian election.

See also

References

  1. ^ "Banking Act 1947". Federal Register of Legislation. Office of Parliamentary Counsel (Australia). Retrieved 26 February 2023.
  2. ^ Fitz-Gibbon & Gizycki 2001.
  3. ^ "High Court Declares Banking Act Section Invalid". Morning Bulletin. Rockhampton. 14 August 1947. pp. 1 & 4. Retrieved 26 August 2023.
  4. ^ "Main Points of Banking Bill". The Courier-Mail. 16 October 1947. p. 1. Retrieved 26 August 2023.
  5. ^ Wilson, J.S.G. (1 June 1949). "The Future of Banking in Australia". The Economic Journal. 59 (234). Oxford University Press: 208–218 – via JSTOR.

Bibliography

From Wikipedia, the free encyclopedia
Banking Act 1947
Parliament of Australia
  • An Act relating to Banking and for other purposes.
Citation No. 57 of 1947
Enacted by Australian House of Representatives
Enacted by Australian Senate
Enacted26 November 1947
Royal assent27 November 1947
Struck down by
Bank of New South Wales v Commonwealth Commonwealth v Bank of New South Wales
Status: Struck down

The Banking Act 1947 (Cth) [1] was an Act of the Parliament of Australia. It would have allowed the Commonwealth Government to nationalise and incorporate certain banks that operated in Australia into the Commonwealth Bank.


abrogated

which wanted to nationalise certain banks that operated in Australia.

However, it was struck down by the High Court of Australia and declared unconstitutional in Bank of New South Wales v Commonwealth. This decision then affirmed by the Judicial Committee of the Privy Council in the Bank Nationalisation Case.

Background

Following the 1890s Depression, the Australian Labor Party (ALP) became wary and critical of private banks, as the 1893 banking crisis caused multiple bank failures and led to depositors losing their savings. [2]

After continued efforts by King O'Malley, Labor went to the 1910 federal election promising to found a new publicly owned bank. They subsequently won the election, and thus, in 1911, Labor established the Commonwealth Bank under the Commonwealth Bank Act 1911. and Denison Miller was appointed Governor of the Commonwealth Bank. In the interwar period, the Nationalist Party was elected to government and instituted reforms that established a board of directors to head the bank and curtailed the bank's powers in favour of private enterprise.


During the Second World War, and following the assumption of the executive by John Curtin and his government, banking and the banks themselves had a number of restrictions and controls placed on them.

1943 Australian federal election?

Banking Act 1945

Opposition to this Act came primarily from private banks and the Liberal–Country Coalition.

Following the Second World War,

1946 federal election


In the Melbourne Corporation v Commonwealth, the High Court struck down a section of the Banking Act 1945. [3]

Ben Chifley and his government to nationalise the banking sector

It

[4]

[5]

the newly formed Liberal Party

With the striking of the High Court


The Labor Party perceived that private interests were taking precedence over the public and consequently introduced the Banking Bill 1947.

The Act

It planned to establish a Federal Court of Claims to administer compensation

The Act planned to nationalise the Australian incorporated banks of: Ballarat Banking Company; Bank of New South Wales; Bank of Adelaide; Brisbane Building and Banking Company; Commercial Bank of Australia; Commercial Banking Company of Sydney; National Bank of Australasia; and Queensland National Bank. Additionally, the United Kingdom incorporated Bank of Australasia, English, Scottish and Australian Bank and Union Bank of Australia were also mentioned in the Act for nationalisation. The Australian operations of the Bank of China, Bank of New Zealand and the Comptoir National d’Escompte de Paris were also to be nationalised.

Legacy

Judicial Review

Bank of New South Wales v Commonwealth

as having violated the Constitution of Australia by interstate trade

by establishing a court that could not have a higher appeal, which contrary to section 75

Commonwealth v Bank of New South Wales


It was a factor in the victory of the Liberal-Country Coalition over the Australian Labor Party in the 1949 Australian election.

See also

References

  1. ^ "Banking Act 1947". Federal Register of Legislation. Office of Parliamentary Counsel (Australia). Retrieved 26 February 2023.
  2. ^ Fitz-Gibbon & Gizycki 2001.
  3. ^ "High Court Declares Banking Act Section Invalid". Morning Bulletin. Rockhampton. 14 August 1947. pp. 1 & 4. Retrieved 26 August 2023.
  4. ^ "Main Points of Banking Bill". The Courier-Mail. 16 October 1947. p. 1. Retrieved 26 August 2023.
  5. ^ Wilson, J.S.G. (1 June 1949). "The Future of Banking in Australia". The Economic Journal. 59 (234). Oxford University Press: 208–218 – via JSTOR.

Bibliography


Videos

Youtube | Vimeo | Bing

Websites

Google | Yahoo | Bing

Encyclopedia

Google | Yahoo | Bing

Facebook