STATUTORY
RULES
1921. No. 39.
REGULATIONS
UNDER THE WAR PRECAUTIONS ACT REPEAL ACT 1920.
I, THE
GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting, with the
advice of the Federal Executive Council, hereby make the following Regulations
under the War Precautions Act Repeal Act 1920,
to come into operation forthwith.
Dated
this sixteenth day of February, 1921.
FORSTER,
Governor-General.
By
His, Excellency’s Command,
E. J. RUSSELL,
For
the Treasurer.
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Alien Shareholders Regulations.
Short title.
1. These Regulations may be cited as the Alien Shareholders
Regulations 1921.
Definitions.
2. In these Regulations, unless the contrary intention appears—
“Alien” means any person
who is not a British subject, and includes the wife of an alien.
“British subject” means
a person who is a natural-born British subject, or a person to whom a
certificate of naturalization has been granted, or a person who has become a
subject of His Majesty by reason of any annexation of territory.
“Company” means any
company incorporated in the Commonwealth.
“The Act” means the War Precautions Act Repeal Act 1920.
Contracts giving interests to certain
companies in mining or metallurgical businesses require consent of Treasurer.
3. From and after the date of these Regulations no application,
contract or agreement for the purchase or acquisition, in any contingency, of
any mine or interest in a mine or of any mining or metallurgical business shall
be made, entered into, or renewed by, or on behalf of, any company in which
more than one-third of the shares are held by, or on behalf of, aliens, unless
the consent in writing of the Treasurer has first been obtained.
Discretion of Treasurer in dealing with
applications by certain companies.
4. (1) The Treasurer may, in his absolute
discretion, grant to any company in which more than one-third of the shares are
held by, or on behalf of, aliens, consent in writing to acquire any mine or
interest in a mine or to carry on any mining or metallurgical business.
(2)
The Treasurer may attach to any consent such conditions as he thinks fit.
(3)
Any person who fails to comply with any of the conditions attached to the
consent of the Treasurer shall be guilty of an offence against these
Regulations.
Contracts giving aliens shares in
companies requires Treasurer’s consent.
5. From and after the date of these Regulations, no application,
contract, or agreement for the purchase or acquisition, in any contingency, of
any share in any company, shall be made, entered into, or renewed by,or on behalf of, any alien unless the
consent in writing of the Treasurer has first been obtained.
Discretion of Treasurer in dealing with
applications by aliens.
6. (1) The Treasurer may, in his absolute
discretion, grant to any alien, consent in writing to acquire any share in any
company.
(2)
The Treasurer may attach to any consent such conditions as he thinks fit.
(3)
Any person who fails to comply with any of the conditions attached to the
consent of the Treasurer, shall be guilty of an offence against these
Regulations.
Company to refuse transfer of share to
aliens until Treasurer’s consent obtained.
7. The secretary or other proper officer of a company shall refuse to register
the transfer or allotment to an alien of a share in any company unless the consent
in writing of the Treasurer has first been obtained, and any person who
registers a transfer or allotment in contravention of this regulation shall be
guilty of an offence against these Regulations.
Applicants for shares to companies to make
declarations.
8. (1) Every person applying to he registered as
the proprietor of any share in any company shall, if so required by the
secretary or other proper officer of the company, make a declaration in a form
approved in writing by the Treasurer, or in one of the undermentioned forms,
and any person who makes in any such declaration any statement which is untrue
in any particular shall be guilty of an offence against these Regulations.
I,
,
of ,
in the State of , do solemnly and sincerely declare:—
1.
That I am acquiring the shares in
consecutive numbers
to
on my own behalf.
2.
That I am not an alien.
(Signature)
Declared
at this day of
192
Before me
(Note.—This
declaration must be made before a Police, Stipendiary, or Special Magistrate, a
Justice of the Peace, a Commissioner for Affidavits, a Commissioner for
Declarations, or the secretary or other proper officer of the company, and may
be indorsed on or incorporated with the instrument of transfer.
I,
,
of ,
in the State of , do solemnly and sincerely declare:—
1.
That I am acquiring the shares in consecutive
numbers to on behalf of ,
who is not an alien, and who is at the present time residing in
(Signature)
Declared at this
day of 192
Before me
(Note.—This
declaration must be made before a Police, Stipendiary, or Special Magistrate, a
Justice of the Peace, a Commissioner for Affidavits, a Commissioner for
Declarations, or the secretary or other proper officer of the company and may
be indorsed on or incorporated with the instrument of transfer.
(2)
Where the secretary or other proper officer of the company has, in pursuance of
the last preceding sub-regulation, required a person to make a declaration in
one of the forms set out in that sub-regulation or in a form approved by the
Treasurer, the secretary, or other proper officer of the company may refuse to
register the person as the proprietor of the share in question until the
declaration is lodged.
Contracts made in contravention of
regulations void.
9. (1) Any contract or agreement entered into or
made or renewed, or application granted in contravention of any of these
Regulations shall be void and of no effect:
Provided that where the Treasurer in writing declares
that he is satisfied that the contravention was due to inadvertence and gives
his consent to the contract, agreement, or application, this regulation shall
not apply.
Consent of Treasurer— How obtained.
10. A request for the consent of the Treasurer under section 8 of the
Act or of any of the provisions of these Regulations shall be made in writing
to the Treasurer, and shall be accompanied by a statutory declaration giving
such particulars as the Treasurer requires.
Consent of Treasurer may be revoked.
11. Any consent granted by the Treasurer under section 8 of the Act or
under any of these Regulations may be revoked by the Treasurer as from a date
specified by him, and shall from that date cease to have effect; and any
letter, certificate, or other document containing a notification of the
granting of such consent shall on demand in writing be delivered up to the
Treasurer.
Penalty for making untrue statement.
12. Any person who makes to the Treasurer, or to any officer having
duties connected with applications under these Regulations, any statement
whether verbal or in writing which is untrue in any particular, shall be guilty
of an offence against these Regulations.
Penalty for contravention of regulations.
13. Any person who contravenes or fails to comply with any provision
of these Regulations shall be guilty of an offence against these Regulations.
Penalty:
One hundred pounds, or imprisonment for six months, or both.
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Printed and Published for the Government of the Commonwealth
of Australia by Albert J. Mullett, Government Printer for the State of Victoria.