Section 36
of Currency and Monetary Order, 2004 ( Formerly Known as Currency Act )
Section 36
(1)
The Currency Act is repealed.
(1A)
Notwithstanding the generality of subsection (1), on the commencement of this
Order –
(a)
all assets and liabilities of the Brunei Currency Authority established by subsection (1) of section 3 of the Currency Act (Chapter 32) (repealed by this Order)
are hereby transferred to and shall vest without further assurance, in the Brunei
Currency and Monetary Authority, and the Brunei Currency and Monetary Authority shall have all powers necessary to take possession of, recover and deal with such assets and discharge such liabilities;
(b)
all currency notes and coin issued by the Brunei Currency Authority prior to the commencement of this Order shall for all purposes be deemed to have been issued by the Brunei Currency and Monetary Authority;
(c)
all assets and monies in the Reserve Fund established by subsection (1)
of section 21 of the Currency Act (Chapter 32) (repealed by this Order) are hereby transferred to and shall vest without further assurance in the Reserve Fund established by subsection (1) of section 28 of this Order;
(d)
where there are any accounts of the Brunei Currency Authority which on the commencement of this Order had not been audited by the Auditor General under subsection (1) of section 26 of the Currency Act (Chapter 32) (repealed by this Order), the Auditor General shall forthwith cause such accounts to be audited and to be signed by the Chief Executive Officer and one other member of the Brunei Currency and
Monetary Authority, and shall thereafter transmit copies of such signed accounts duly certified by him to His Majesty the Sultan and Yang Di-Pertuan and to the Minister and shall submit to His Majesty the Sultan and Yang Di-Pertuan and to the Minister reports on the operation of the Brunei Currency Authority for the years to which those accounts respectively relate as if subsection (2) of section 27 of the Currency Act (Chapter 32)
(repealed by this Order) had not been so repealed;
Incorporating amendments until S 104/2010
(Cleancopy) NANI/Hj.Afif/Amiriah/Bb/zura_as of 06.05.2019
16
BLUV as at 16th December 2010
(e)
any permission, consent, approval, authorisation or other decision granted, given or made by the Brunei Currency Authority and every deed or other instrument to which the Brunei Currency Authority was a party or which affected the
Brunei Currency Authority shall for all purposes, so far as it is not inconsistent with the provisions of this Order and except as otherwise may be expressly provided in this
Order or in any other written law, continue and be deemed to have been granted, given or made by the Brunei Currency and Monetary Authority under the corresponding provisions of this Order;
(f)
any proceedings pending on the commencement of this Order shall, so far as they are not inconsistent with the provisions of this Order or of any other written law, continue as if the Brunei Currency and Monetary Authority was a party thereto in lieu of the Brunei Currency Authority;
(g)
where in any other written law reference is made to the Brunei Currency
Authority, such reference shall mutatis mutandis be read as a reference to the Brunei
Currency and Monetary Authority.
[S 59/2005]
(2)
All subsidiary legislation made and anything done under the Currency Act
(Chapter 32) (repealed by this Order) and in force immediately prior to the coming into operation of this Order shall, so far as it is not inconsistent with the provisions of this Order, continue in force as if made under this Order.
Made this 10th. day of Zulhijjah, 1424 Hijriah corresponding to the 1st. day of February, 2004
at Our Istana Nurul Iman, Bandar Seri Begawan, Brunei Darussalam.
HIS MAJESTY
THE SULTAN AND YANG DI-PERTUAN,
BRUNEI DARUSSALAM.