Enemy Contracts Annulment Act 1915 (WA)

WESTERN AUSTRALIA.

ANNO SEXTO

GEORGII QUINTI REGIS, V.

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No. 38 of 1915.

AN ACT relating to Contracts.

[Assented to 27th September, 1915.]

Legislative Assembly of Western Australia, in this present Par-BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and

liament assembled, and by the authority of the same, as follows:-

1. This Act may be cited as the Enemy Contracts Annulment Short title.

Act, 1915.

2. In this Act— Definitions.

"Enemy subject" means— Com., No. 11 of

(a) any person who is an enemy within the meaning of any 1915, s. 2.

Proclamation relating to Trading with the Enemy made by the King or the Governor General, and pub-

lished in the Commonwealth Gazette, or

(b) any person, firm, or company the business whereof is managed or controlled directly or indirectly by or under the influence of enemy subjects, or is carried on wholly or mainly for the benefit or on behalf of enemy subjects, notwithstanding that the firm or com- pany may be registered or incorporated within the King's dominions.

"The present war" means the war with Germany which com- menced on the fourth day of August, One thousand nine hundred and fourteen, and with any of the Allies of Ger- many in that war.

3. (1.) In this section, "enemy contract" means any Con- Annulment of con-

tract	tracts with or for
benefit of enemy.

(a) to which an enemy subject is a party, or Ibid., s. 3.

1915, No. 38.] Enemy Contracts Annulment. GEO. V.

(b) in which an enemy subject has, in the opinion of the Attorney General of the Commonwealth, a material in- terest, or

(c) which is or is likely to be for the benefit of enemy subjects

or of enemy trade.

(2.) Any party to a contract may file with the Attorney General of the Commonwealth a copy of the contract, and apply to the Attorney General of the Commonwealth for a declaration that the contract is or is not an enemy contract within the mean- ing of this section.

(3.) If the said Attorney General declares that the contract

is au enemy contract, then, upon the publication of his declaration in the Commonwealth Gazette, the contract shall be deemed to be an enemy contract.

(4.) If the said Attorney General declares that the contract

is not an enemy contract, then, upon the publication of his declara- tion in the Commonwealth Gazette, the contract shall be deemed not to be an enemy contract.

(5.) Every enemy contract made before the commencement of the present war is hereby declared to be and to have been null and void, as from the commencement of the present war, as re- gards all rights and obligations thereunder except such rights and obligations as relate to goods which had already been delivered or acts which had already been performed at that time or such as arise out of or in consideration for such delivery or performance.

(6.) Every enemy contract made before or after the com-

mencement of this Act, during the continuance of the present war, is hereby declared to be null and void and of no effect whatever.

Power to terminate	4. (1.) Either party to a contract to which this section applies
contracts suspended

by war.

may, by notice in writing to the other party, terminate the contract

Ibid., s. 4.

as regards all rights and obligations relating to any future supply

or delivery under the contract.

(2.) A contract to which this section applies is any contract for the sale or delivery of goods, the performance of which

(a) is by operation of law or by the terms of the contract sus-

pended, or

(b)	is or may be by act of a party suspended, or
(c)	is claimed by the party against whom the notice is given

to be suspended,

during or on account of the present war.

(3.) A notice of termination of a contract, given before the

passing of this Act, shall be as good and effective to terminate the

contract as if this Act had been passed before the notice was given.

(4.) No action shall be brought against any party to a

contract, to which this section applies, by reason of any non-

performance of the contract after the commencement of the war.

By "Authority: FRED. Snorsox, Government Printer, Perth.