Australian Soldiers' Repatriation Regulations 1918 (Amendment) (Cth)
STATUTORY RULES.
REGULATIONS UNDER THE AUSTRALIAN SOLDIERS’ REPATRIATION ACT 1917-1918.
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
Dated this eighth day of November, 1918.
R.M. FERGUSON,
Governor-General.
By His Excellency’s Command,
E. D. MILLEN,
Minister of State for Repatriation.
AMENDMENT OF AUSTRALIAN SOLDIERS’ REPATRIATION REGULATIONS 1918.
(Statutory Rules 1918, No. 88, as amended by Statutory Rules 1918, Nos. 179, 197, 215, and 254.)
1. Regulation 2 of the Australian Soldiers’ Repatriation Regulations is amended by adding at the end thereof the following:—
“ „ X—Form and Effect of Securities”
2. Regulation 20 of the Australian Soldiers’ Repatriation Regulations is repealed and the following regulation inserted in its stead:—
“20. No person to whom a gift or loan of money or goods has been made or granted under this Act, or by a State War Council under the powers conferred by the Australian Soldiers’ Repatriation Fund Regulations 1916, for any purpose, shall, without first obtaining the consent of a State Board—
(
a ) use the money or goods for any other purpose, or(
b ) sell or otherwise dispose of, or in any way pledge, mortgage or deposit, by way of security, any goods so granted or any goods purchased with any money so given or lent.Penalty: Fifty pounds.”
3. After regulation 22 of the Australian Soldiers’ Repatriation Regulations the following regulation is inserted in Part II.:—
“22a. Any person who, as security for an advance under the Act or these Regulations—
(
a ) mortgages any land or chattel which is subject to a charge or encumbrance; or(
b ) mortgages any chattel of which he is not the owner,
without disclosing to the Minister the existence of that charge or encumbrance or that he is not the owner of the chattel, shall be guilty of an offence.
Penalty: Fifty pounds.”.
4. After regulation 59 of the Australian Soldiers’ Repatriation Regulations the following regulation is inserted:—
“59a. The Minister may make advances to soldiers or dependants by selling to the soldiers or dependants by hire-purchase on such terms as the Minister approves any furniture, tools of trade or other chattels, purchased or available for that purpose.”
5. After regulation 75 of the Australian Soldiers’ Repatriation Regulation 1918 the following regulations and Part are added:—
“77. (1) Any person who, by word of mouth or in writing, makes a false statement in, or in connexion with, or in support of, any application for assistance or benefits under the Act or Regulations shall be guilty of an offence.
Penalty: Fifty pounds.
“(2) Any person convicted under this regulation may, in addition to the penalty imposed for the offence, be ordered, to repay or return to the Minister any money, allowances or goods received by him pursuant to the application.”
“(3) In any proceedings for an offence against this regulation the burden of proving that the statement in respect of which the proceedings have been instituted is true, shall rest on the person accused.
“78. In these Regulations the penalty set out at the foot of any regulation or sub-regulation indicates that any person who commits—
(
a ) the offence created by that regulation or sub-regulation; or(
b ) a breach of that regulation or sub-regulation, whether by act or omission—
shall be punishable upon conviction by a penalty not exceeding the penalty set out.
“Part X.—Form and Effect of Securities.
“79. In this Part unless the contrary intention appears—
‘security’ means a security in accordance with a form contained in the Schedule for an advance under the Act.
“80. A security may be in accordance with such form in the Schedule as is applicable or such other form as the Minister approves.
“81. A security may be for a past, present or future advance under the Act.
“82. (1) A security shall confer upon the Minister all the rights and powers conferred by the Act and these Regulations in respect of that security, and in addition, all rights and powers which a security in that form would confer upon the Minister under any other law.
(2) A security shall not be liable to be avoided, invalidated, postponed or defeated, or have its operation lessened, weakened or restricted by any law of the Commonwealth or a State inconsistent with the Act and these Regulations.
“83. A security and the rights and powers conferred upon the Minister by a security and by these Regulations shall not be subject to or affected by any moratorium law.
“84. Any form of security may be varied by additions or deletions to make it suitable for any particular case, and a security in the form as so varied shall be a security to which these Regulations apply.
“85. An infant or a minor may give a security and the security shall have the same effect and may be enforced to the, same extent as if the person giving the security were not an infant or a minor.
“86. The force and effect of a security shall not be lessened, weakened, defeated or avoided by reason of—
(
a ) any extension of time for the payment of money or for the doing of any act or other variation of its conditions granted by the Minister or any officer of the Commonwealth, to the person who gave the security or to any other person, but the security shall have effect in all respects as if the time or condition as so extended or varied had at all material times appeared in the security in lieu of the time or condition therein appearing; or(
b ) any accidental misdescription of property or premises or any clerical error or omission, and the security shall be read and have effect in all respects as if such misdescription, error or omission had been corrected and the security had at all material times appeared as so corrected.
“87. (1) The signature of a person giving a security may be attested by any person before whom, under the
Statutory Declarations Act 1911, a statutory declaration may be made or by an officer of the Department or, with the approval of the Comptroller or a Deputy Comptroller, by any two persons.(2) It shall not be necessary for a security to be under seal and a security shall, without sealing, be as valid and enforceable as if sealed by the person giving it.
“88. Any action to be taken or act to be done or acknowledgment or consent to be given by the Minister under these Regulations shall be deemed to have been duly taken, done or given by the Minister if taken, done or given by a State Board or by an officer of the Department pursuant to a delegation from the Minister or a State Board or in exercise of any general or special authority from the Minister or a State Board to take that action or class of actions or to do that act or class of acts or to give that acknowledgment or consent or class of acknowledgments or consents.
“89. Any consent, demand, requirement, notice or application by the Minister to be given to or made to or upon or served upon a person giving a security these Regulations shall be deemed to have been duly given, made or served if signed for or on behalf of the Minister and posted in a prepaid letter addressed to the person giving the security at the address stated in the security and shall be deemed to have been received by that person at the time at which in the ordinary course of post it would have reached that address.
“90. Whenever a security is put in suit by the Minister a certificate under the seal of the State Board for the State in which the proceedings are brought stating the amount then due to the Minister under the security for principal and interest shall be evidence of the matters stated.
“91. (1) Whenever a Court under the powers conferred by these Regulations—
(
a ) imposes a penalty on any person; or(
b ) orders any person to pay any money to the Minister—
the Court may at the same time or at any subsequent time on the application of the prosecutor or of the Minister order—
(i) that the penalty or money be recovered by distress, and in default of distress the person may be imprisoned for a period not exceeding three months; or
(ii) that in default of payment of the penalty or money forthwith or within a time stated in the order the person be imprisoned for a period not exceeding three months.
(2) Whenever a Court under the powers conferred by these Regulations orders any person to deliver any chattels to the Minister the Court may at the same time or at any subsequent time on the application of the prosecutor or of the Minister order that, in default of delivery of the chattels or payment of the value thereof to the Minister forthwith or within a time stated in the order, the person be imprisoned for a period not exceeding three months.
“92. A security for the repayment of an advance of money by way of loan may be in Form A in the Schedule.
“93. A security in Form A imposes upon the borrower an obligation to repay the full amount lent and each instalment thereof and to pay all interest thereon at the times and at the place and in the manner fixed by the security.
“94. If any obligation imposed upon a borrower by a security in Form A or by these Regulations is not complied with or if the borrower becomes bankrupt or insolvent or makes any composition with or assignment of his estate to or for the benefit of his creditors, the full amount secured by the security shall become immediately due and payable by the borrower and recoverable by the Minister.
“95. (1) A security for an advance of money upon chattels may be in Form B in the Schedule.
(2) Form B may be used for a mortgage of—
(
a ) specific chattels; or(
b )the chattels constituting the stock-in-trade for the time being of a business.
“96. Unless it is otherwise specifically provided in the mortgage, a mortgage in Form B of specific chattels imposes upon the mortgagor—
(
a ) an obligation to repay the full amount lent and each instalment thereof and to pay all interest thereon at the times and at the place and in the manner fixed by the mortgage;(
b ) an obligation not to sell, dispose of, mortgage or part with the possession of any of the mortgaged chattels or remove any of them from the premises where they are situated as stated in the mortgage;(
c ) an obligation to keep the mortgaged chattels in good and substantial repair and to preserve them from damage or destruction and to substitute other chattels of a similar kind and of not less value for any of the mortgaged chattels which cease to exist or are destroyed, damaged or deteriorated (which substituted chattels shall for all purposes of the mortgage and these Regulations be included in the term ‘mortgaged chattels’);(
d ) an obligation to duly and promptly pay and discharge and keep paid and discharged all rents, rates, taxes and outgoings of whatsoever kind payable or chargeable upon or in respect of the mortgaged chattels or any of them and the premises where the mortgaged chattels are situated, and to produce and hand over receipts evidencing such payment whenever required so to do by the Minister;(
e ) an obligation to insure and keep insured the mortgaged chattels against fire in the name of the Minister in an office approved by the Minister for that purpose for the full amount secured by the mortgage;(
f ) an obligation to pay, and, whenever required by the Minister so to do, to produce and hand over to the Minister receipts evidencing payment of all premiums necessary to keep such insurance in full force and virtue; and(
g )an obligation to permit any officer of the Department to enter the premises where the mortgaged chattels or any of them are situated at all reasonable times and inspect the chattels.
“97. A mortgage in Form B of specific chattels charges for the benefit of the Minister—
(
a ) the mortgaged chattels and each and every of them;(
b )any chattels substituted by the mortgagor for the mortgaged chattels or any of them; and(
c ) where the mortgaged chattels are live stock—the progeny of the mortgaged chattels and of any chattels substituted for the mortgaged chattels—
with the full amount lent and all interest payable under the mortgage.
“98. The charge of the Minister under a mortgage in Form B of specific chattels—
(
a ) shall not be lessened, weakened, postponed, defeated, avoided or discharged by any subsequent sale disposition or mortgage of the mortgaged chattels; and.(
b ) shall be subject to prior existing legal charge upon the mortgaged chattels.
“99. Unless it is otherwise specifically provided in the mortgage, a mortgage in Form B of the chattels constituting the stock-in-trade of a business imposes upon the mortgagor—
(
a ) an obligation to repay the full amount lent and each instalment thereof and to pay all interest thereon at the times and place and in the manner fixed by the mortgage;(
b ) an obligation not to sell, dispose of, mortgage or part with the possession of any of the mortgaged chattels or remove any of them from the premises where they are situated as stated in the mortgage otherwise than in the ordinary and usual course of trade in that business;(
c ) an obligation to replace from time to time with other chattel of a similar kind and of not less value all mortgaged chattels which are destroyed, damaged or deteriorated, or sold or disposed of in the course of trade so that the value of the stock-in-trade of the business shall not at any time fall below its value at the date of the mortgage (which other chattels shall for all purposes of the mortgage and these Regulations be included in the term ‘mortgaged chattels’);(
d )an obligation to pay and discharge and keep paid and discharged all rents, rates, taxes and outgoings whatsoever payable on or in respect of the mortgaged chattels and the premises where the mortgaged chattels or any of them are situated and to produce receipts evidencing such payment whenever required so to do by the Minister;(
e ) an obligation to insure and keep insured the mortgaged chattels against fire in the name of the Minister in an office approved by the Minister for that purpose for the full amount secured by the mortgage;(
f ) an obligation to pay and, whenever required so to do by the Minister, to produce and hand over to the Minister receipts evidencing payment of all premiums necessary to keep such insurance in full force and virtue; and(
g )an obligation to permit any officer of the Department to enter the premises where the mortgaged chattels or any of them are situated at all reasonable times and inspect the chattels and all business books and documents of the mortgagor.
“100. A mortgage in Form B of the chattels constituting the stock-in-trade of a business charges for the benefit of the Minister the stock-in-trade of the business for the time being on the premises specified in the mortgage with the full amount lent and all interest payable under the mortgage.
“101. The charge of the Minister under a mortgage in Form B of the chattels constituting the stock-in-trade of a business—
(
a ) shall not be lessened, weakened, postponed, defeated, avoided or discharged by any subsequent sale, disposition or mortgage of the mortgaged chattels other than a sale or disposition in the ordinary and usual course of trade in that business; and(
b )shall be subject to any prior existing legal charge upon the mortgaged chattels.
“102. For the purposes of the two last preceding regulations a sale or disposition of the whole or a substantial part of the stock-in-trade of the business is not a sale or disposition in the ordinary and usual course of trade in that business.
“103. If any obligation imposed upon a mortgagor by a mortgage in Form B or by these Regulations is not complied with, or if the mortgagor becomes bankrupt or insolvent or makes any composition with or assignment of his estate to or for the benefit of his creditors—
(1) the Minister may—
(
a ) enter, if necessary by force, any premises where the mortgaged chattels or any of them are or are reasonably suspected to be and take possession of and remove the mortgaged chattels;(
b )sell the mortgaged chattels or any of them either by auction or private contract, and may apply the proceeds of the sale—Firstly—in reimbursing the expenses of the sale;
Secondly—in payment of any interest payable under the mortgage;
Thirdly—in repayment of the amount lent and due under the mortgage; and
Fourthly—in payment to the mortgagor of any balance then remaining; or
retain the mortgaged chattels or any of them without sale;
(
c ) recover from the mortgagor the full amount lent and all interest payable under the mortgage after giving the mortgagor credit for—(i) any amounts repaid by the mortgagor;
(ii) the net proceeds of the sale of any of the mortgaged chattels which have been sold by the Minister; and
(iii) the value ascertained by agreement with the mortgagor or by the valuation of an independent valuer of any of the mortgaged chattels retained by the Minister without sale; or
(2) the Minister may, without having recourse to the mortgaged chattels, recover from the mortgagor the full amount lent and all interest payable under the mortgage after giving credit for any amount repaid by the mortgagor; or
(3) if the obligation not complied with is the obligation to insure and keep insured the mortgaged chattels, the Minister may insure and keep insured the chattels and the cost of such insurance shall be added to the amount due under the mortgage and for all purposes of the mortgage and these Regulations be deemed to be included in the term ‘amount lent.’
“104. A mortgage of chattels in Form B shall without filing or registration in accordance with the laws relating to bills of sale in the State in which the mortgaged chattels are situated have the full force and effect of a bill of sale duly and validly filed, registered and renewed and in force under those laws.
“105. (1) If any chattels the subject of a mortgage in Form B are without the consent in writing of the Minister sold, disposed of, or removed or dealt with in breach of or non-compliance with any obligation imposed upon the mortgagor by the mortgage or by these Regulations, the mortgagor shall be guilty of an offence.
Penalty: Fifty pounds or three months’ imprisonment.
(2) On the conviction of a mortgagor for an offence under this regulation, the Court may, in addition to imposing a penalty—
(
a )order the defendant to pay to the Minister the full amount of principal and interest due under the mortgage; or(
b ) order the defendant or any other person in possession of the mortgaged chattels or any of them to forthwith deliver the chattels to the Minister.
“106. (1) A security for an advance of money upon land may be in Form C in the Schedule.
(2) Form C may be used for a mortgage of any right, title, estate or interest to or in land, whether freehold or leasehold, and whether or not the land is under the operation of the Torrens Acts of the States.
“107. It shall not be necessary to specify in a mortgage in Form C the right, title, estate or interest of the mortgagor to or in the mortgaged land, and unless otherwise stated in the mortgage, the mortgage shall extend to and mortgage—
(
a ) the whole right, title, estate and interest of the mortgagor at the date of the mortgage to and in the mortgaged land; and(
b ) all buildings, erections, fixtures, fences, ways, waters, water-courses, liberties, privileges, easements, rights and advantages whatsoever appertaining or reputed to appertain to the mortgaged land or any part thereof, or at the date of the mortgage demised, occupied or enjoyed with or reputed or known as part or parcel of or appurtenant to the mortgaged land or any part thereof.
“Unless it is otherwise specifically provided in the mortgage, a mortgage in Form C imposes upon the mortgagor—
(
a ) an obligation to repay the full amount lent and each instalment thereof and to pay all interest thereon at the times and place and in the manner fixed by the mortgage;(
b )an obligation not to sell, dispose of or part with the possession of the mortgaged land or any part thereof without the consent in writing of the Minister;(
c ) an obligation to duly and promptly pay, and discharge and keep paid and discharged all rates, taxes and outgoings of whatsoever kind payable or chargeable upon or in respect of the mortgaged land and to produce and hand over receipts evidencing such payment whenever required so to do by the Minister;(
d )an obligation to repair and at all times during the continuance of the mortgage to keep in good and substantial repair and condition all buildings and improvements on the mortgaged land;(
e ) an obligation to permit any officer of the Department to enter upon the mortgaged land at all reasonable times and to inspect the same and every part thereof and all buildings and improvements thereon;(
f ) where the mortgaged land is a lease or leasehold or other than a full unencumbered fee-simple estate, an obligation to duly and promptly pay all amounts and observe and perform all covenants, conditions and agreements to be paid, observed and performed by the mortgagor or the persons from whom he derives title in order to keep the title of the mortgagor to the mortgaged land in full force and virtue; and(
g )an obligation to produce and hand over to, and leave in the custody of, the Minister, during the continuance of the mortgage, all title deeds and documents whatsoever in the possession, or under the control, of the mortgagor evidencing the right, title, estate or interest of the mortgagor to or in the mortgaged land.
“109. (1) When a mortgage in Form C provides that the mortgagor shall insure buildings against fire, the mortgage imposes upon the mortgagor—
(
a ) an obligation to insure and keep insured against fire, in the name of the Minister and in an office approved by him for that purpose, all buildings on the mortgaged land to the full amount specified in the mortgage for that purpose or if no amount is specified then to the full insurable value of the buildings; and(
b )an obligation to pay and whenever required so to do by the Minister to produce and hand over to the Minister receipts evidencing payment of all premiums necessary to keep such insurance in full force and virtue.(2) If the obligation to insure and keep insured is not complied with, the Minister may insure and keep insured the buildings, and the cost of such insurance shall be added to the amount due under the mortgage and for all purposes of the mortgage and these Regulations shall be deemed to be included in the term “amount lent.”
“110. A mortgage in Form C charges, for the benefit of the Minister, the mortgaged land with the full amount lent and all interest payable under the mortgage.
“111. The charge of the Minister under a mortgage in Form C—
(
a ) shall not be lessened, weakened, defeated, avoided postponed or discharged—(i) by any subsequent sale, disposition, mortgage or parting with the possession by the mortgagor of the mortgaged land (whether with or without the consent of the Minister); or
(ii) by any person other than the mortgagor subsequently acquiring a legal or equitable right, title, estate or interest to or in the mortgaged land;
(
b ) shall be subject only to the rights of any person other than the mortgagor entitled to—(i) any prior existing legal estate or interest in the land; or
(ii) any prior existing equitable right, title, estate or interest to or in the land, of which notice in writing has been given to the Minister on or before the date of the mortgage; and
(
c ) shall not affect the right of the Minister to recover from the mortgagor the full amount lent and all interest payable under the mortgage in the event of the mortgaged land being sold or disposed of with the consent of the Minister.
“112. If any obligation imposed upon a mortgagor by a mortgage in Form C or by these Regulations is not complied with, the Minister may—
(
a ) recover from the mortgagor in any Court of competent jurisdiction the full amount lent and all interest payable under the mortgage; or(
b ) apply to a Justice of the High Court or of the Supreme Court of the State in which the land is situated for an order for sale of the mortgaged land.
“113. An application for an order for sale may be made by summons or motion in accordance with the rules of procedure of the Court and on the hearing thereof the Justice may—
(
a ) order the mortgagor to repay to the Minister within a time specified in the order the full amount lent together with all interest payable under the mortgage;(
b ) order that in default of payment within the time specified the Minister may sell in the manner directed by the order all the right, title, estate and interest of the mortgagor to and in the mortgaged land at the date of the mortgage; and(
c ) order the mortgagor to pay the costs of and incidental to the order.
“114. (1) The proceeds of the sale of any land pursuant to an order of the Court under these Regulations shall be applied as follows:—
Firstly—in reimbursement of the costs of and incidental to the order and the expenses incurred in selling and conveying the land to the purchaser;
Secondly—in payment of any interest payable under the mortgage;
Thirdly—in repayment of the amount lent and due under the mortgage; and
Fourthly—in discharge of any subsequent mortgage of or charge upon the land (of which the Minister has been notified in writing) in the order of priority in which the Minister has been notified thereof,
and the balance (if any) then remaining shall be payable to the mortgagor.
(2) In the event of the proceeds of the sale of the land not being sufficient to fully pay the said costs, expenses, interest and amount lent and due under the mortgage, the amount of the deficiency shall be recoverable from the mortgagor by the Minister in any Court of competent jurisdiction.
“115. A conveyance or transfer signed by the Minister conveying or transferring to the purchaser any land sold pursuant to an order of a Justice under these Regulations shall vest in the purchaser all the right, title, estate and interest of the mortgagor to and in the land at the date of the mortgage freed and discharged from all estates, interests, mortgages and charges of whatsoever nature created or granted by the mortgagor after that date.
“116. Registration of a mortgage in Form C in a registry established under the laws of a State shall not be necessary to; protect the rights conferred upon the Minister by the mortgage or by the regulations, but the Minister may if he think fit register the mortgage in any such registry or take any action he deems advisable to have notice of the mortgage inserted in any such registry.
“117. A security for an advance by way of sale of chattels upon hire purchase may be in Form D in the Schedule.
“118. Unless it is otherwise specifically provided in the agreement, a hire purchase agreement in Form D imposes upon the hirer—
(
a ) an obligation to pay to the Minister the full amount of hire payable under the agreement at the times and at the place and in the manner fixed by the agreement;(
b ) an obligation not to sell, dispose of, mortgage or part with the possession of the chattels or any of them or remove them or any of them from the premises where they are situated as stated in the agreement;(
c ) an obligation to keep the chattels in the hirer’s own custody and to keep them in good and substantial repair and to preserve them from damage, destruction or deterioration;(
d )an obligation to duly and promptly pay and discharge and keep paid and discharged all rents, rates, taxes and outgoings of whatsoever kind payable or chargeable upon or in respect of the chattels and the premises where the chattels or any of them are situated and to produce and hand over receipts evidencing such payment whenever required so to do by the Minister;(
e ) an obligation to insure and keep insured the chattels against fire in the name of the Minister in an office approved by the Minister for that purpose for the full value of the chattels stated in the agreement;(
f ) an obligation to pay and whenever required by the Minister so to do to produce and hand over to the Minister receipts evidencing payment of all premiums necessary to keep such insurance, of the chattels in full force and virtue; and(
g )an obligation to permit any officer of the Department to enter the premises where the chattels are situated at all reasonable times and inspect the chattels.
“119. A Hire Purchase Agreement in Form D confers upon the Minister the right—
(
a ) to recover from the hirer in any Court of competent jurisdiction any arrears of hire due under the agreement;(
b )to enter, if necessary by force, the premises of the hirer or any other premises where the chattels or any of them may or may be reasonably suspected to be and to take possession of and remove the chattels whenever any obligation of the hirer under the agreement is not complied with.(2) If the hirer fails to comply with an obligation under the agreement to insure and keep insured the chattels, the Minister may insure and keep insured the chattels, and the cost of such insurance shall be added to the amount due by the hirer for hire under the agreement and for all purposes of the agreement and these Regulations be deemed to be included in the word “hire.”
“120. Notwithstanding any other law to the contrary the chattels shall remain the property of the Minister until, and shall become the property of the hirer when, and only when, the hirer has—
(
a )complied with all obligations imposed upon him by the agreement and by these Regulations; and(
b )paid to the Minister hire amounting to the full value of the chattels as stated in the agreement.
“121. The hirer may at any time terminate the hiring by delivering up the chattels to the Minister, but such delivery up shall not—
(
a ) relieve the hirer from any liability incurred by him—(i) for hire prior to the date of such delivery up; or
(ii) by reason of non-compliance with any obligation under the agreement or the regulations; or
(
b ) entitle the hirer to the repayment of any hire paid prior to the date of such delivery up.
“122. (1) If any chattels the subject of a Hire Purchase Agreement in Form D are, without the consent in writing of the Minister, and before the full value of the chattels as stated in the agreement has been paid as hire by the hirer to the Minister, sold, disposed of, removed or destroyed or dealt with in breach of or non-compliance with any obligation imposed upon the hirer by the agreement or by these Regulations, the hirer shall be guilty of an offence.
Penalty: Fifty pounds or three months’ imprisonment.
(2) On the conviction of a hirer for an offence under this regulation, the Court may, in addition to imposing a penalty—
(
a ) order the defendant to pay to the Minister the value of the chattels as stated in the agreement; or(
b ) order the defendant or any other person in possession of the chattels or any of them to forthwith deliver the chattels to the Minister.
“123. To assist in the protection of the public against possible frauds, the Minister shall establish and keep in each State a Register Book of the Securities accepted in that State.
“124. The Register Book in each State shall be kept in the office of the Deputy Comptroller for the State.
“125. (1) As soon as practicable after a security has been accepted, particulars of that security shall be entered in the Register Book.
(2) As soon as practicable after a security has ceased to be in force an entry of that fact shall be made in the Register Book.
“126. The form and contents of entries to be made in the Register Book shall be determined from time to time by the Minister, but until otherwise determined by the Minister entries shall be made in accordance with Form E in the Schedule.
127. “Any person shall be entitled to search the Register Book and make extracts therefrom on payment of a search fee of One shilling for each period of five minutes occupied in the search, or such search fee as is from time to time determined by the Minister.
“128. No liability shall be incurred by the Commonwealth or by the Minister, or by any officer of the Commonwealth by reason of any entry having been made in or omitted from the Register Book, or by reason of anything having been inserted in or omitted from any entry in the Register Book.
“129. Nothing in these Regulations shall entitle any person to inspect any security or any other document in the possession or under the control of the Minister.”
THE SCHEDULE.
——
Commonwealth, of Australia.
Form A.
PERSONAL SECURITY PURSUANT TO THE REGULATIONS UNDER THE AUSTRALIAN SOLDIERS’ REPATRIATION ACT 1917-1918.
Particulars.
1. The Borrower’s full name is
2. The Borrower’s full address is
3. The Borrower’s occupation is
4. The amount lent is (£ )
*5. Interest at the rate of five pounds per centum per annum is payable on the amount of the loan in excess of the sum of fifty pounds for the time being remaining unpaid.
* 6. The loan is to be fully repaid with interest on or before the day of 191 .*7. The loan is repayable by instalments of £ each on the day of each month until the principal sum is fully repaid—the first instalment being due on the day of 191 . Interest is payable on the amount of the loan in excess of the sum of fifty pounds for the time being remaining unpaid on the day of each month.
8. All payments and repayments hereunder are to be made at the office of the Deputy Controller of Repatriation for the State of
I, the above-named Borrower,
hereby promise to repay to the Minister of State for Repatriation the full amount lent,* and each instalment thereof,*and to pay all interest payable thereon at the times and at the place and in the manner above stated.And I undertake to comply with all the obligations imposed upon me by this Security and by the Regulations.
Dated this day of , 191 .
Borrower.
Signed by the Borrower at in the presence of—
——
The Schedule.
Commonwealth of Australia.
Form B.
MORTGAGE OF CHATTELS PURSUANT TO THE) REGULATIONS UNDER THE AUSTRALIAN SOLDIERS’ REPATRIATION ACT 1917-1918.
Particulars.
1. The Mortgagor’s full name is
2. The Mortgagor’s full address is
3. The Mortgagor’s occupation is
4. The chattels hereby mortgaged are specified in the Schedule hereto.
5. The mortgaged chattels are situated at
6. The amount lent is (£ ).
*7. Interest at the rate of five pounds per centum per annum is payable on the amount of the loan in excess of the sum of fifty pounds for the time being remaining unpaid.
*
Note .—If interest is not payable, or if repayment is not to be made by instalments, particulars 5, 6, and 7 of Form A, and 7, 8, and 9 of Form B should be amended accordingly.*8. The loan is to be fully repaid with interest on or before the day of , 191 .
*9. The loan is repayable by instalments of £ each on the day of each month until the principal sum is fully repaid—the first instalment being due on the day of 191 . Interest is payable on the amount of loan in excess of the sum of fifty pounds for the time being remaining unpaid on the day of each month.
10. The Mortgagor shall, in the name of the Minister, insure the chattels against fire for the full amount lent.
11. All payments and repayments hereunder are to be made at the office of the Deputy Controller of Repatriation for the State of
I, the above-named Mortgagor,
Dated this day of , 191 .
Mortgagor.
Signed by the Mortgagor at in
the presence of—
——
The Schedule.
Commonwealth of Australia.
form C.
MORTGAGE OF LAND PURSUANT TO THE REGULATIONS UNDER THE AUSTRALIAN SOLDIERS’ REPATRIATION ACT 1917-1918.
Particulars.
1. The Mortgagor’s full name is
2. The Mortgagor’s full address is
3. The Mortgagor’s occupation is
4. The land hereby mortgaged is as follows:—
5. The amount lent is (£ ).
*6. Interest at the rate of five pounds per centum per annum is payable on the amount of the loan for the time being remaining unpaid.
*7. The loan is to be fully repaid with interest on or before the day of , 191 .
*8.The loan is repayable by instalments of £ each on the day of each month until the principal sum is fully repaid—the first instalment being due on the day of 191 . Interest is payable on the amount of the loan in excess of the sum of fifty pounds for the time being remaining unpaid on the day of each month.
9
. The Mortgagor shall, in the name of the Minister, insure all buildings on the mortgaged land against fire for their full insurable value.10. All payments and repayments hereunder are to be made at the office of the Deputy Comptroller of Repatriation for the State of
I,
the above-named Mortgagor,
Dated this day of , 191 .
Mortgagor.
Signed by the Mortgagor at in
the presence of—
* Note. —It interest is not payable, or if repayment is not to be made by instalments, particulars 7, 8, and 9 of Form B, and 6, 7, and 8 of Form C should be amended accordingly.
Commonwealth of Australia.
Form D.
HIRE PURCHASE AGREEMENT PURSUANT TO THE REGULATIONS UNDER THE AUSTRALIAN SOLDIERS’ REPATRIATION ACT 1917-1918.
Particulars.
1. The Hirer’s full name is
2. The Hirer’s full address is
3. The Hirer’s occupation is
4. The chattels hereby hired are specified in the Schedule hereto.
5. The chattels are situated at
6. Hire is payable at the rate of on the day of each month during the hiring—the first payment being due on the day of , 191 .
7. The value of the chattels is £, and when that amount has been paid as hire the chattels shall be the property of the Hirer absolutely.
8. The Hirer shall, in the name of the Minister, insure the chattels against fire for their full value as stated above.
9. All payments hereunder are to be made at the office of the Deputy Comptroller of Repatriation for the State of
10. If any obligation imposed upon the Hirer by this Agreement or by the Regulations is not complied with, the Hirer shall forthwith return the chattels to the Minister.
I,
the above-named Hirer,
Dated this day of , 191 .
Hirer.
Signed by the Hirer at in
the presence of—
The Schedule.
Form E.
REGISTER OF SECURITIES IN PRESCRIBED FORMS.
Securities. | Repayable. | Person giving | |||||||||||||||
No. | Date. | Nature of Security. | Instalment. | Amount. | By | Extended to— | Regtl. No. | Rank. | Unit | Name in Full. | |||||||
Security. | Property over which Security given. | Remarks. | Security Discharged. | ||||||||||||||
Address. | Occupation. | Description of. | Where Situated. | Amount Secured. | Rate of Interest Payable. | Date of Discharge. | Manner of Discharge. | ||||||||||
Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Acting Government Printer for the State of Victoria.
0
0
0