Influenza Epidemic Relief Act 1919 (NSW)

INFLUENZA EPIDEMIC RELIEF

ACT.

Act No. 45, 1919.

An Act to afford relief in respect of certain losses, expenses, and obligations in connection with the influenza epidemic ; to give effect to a certain proclamation published in the Gazette dated the 27th day of February, 1919 ; for tha t purpose to appoint a Commission with certain powers and duties ; to validate certain payments ; and for purposes consequent thereon or incidental thereto. [Assented to, 23rd December, 1919.] WHEREAS

day of February, one thousand nine hundred and	WH E R E A S the following proclamation was pub­lished in the Gazette dated the twenty-seventh
nineteen:—

P R O C L A M A T I O N .

N E W S O U T H W A L K S , By H i s E x c e l l e n c y S i r W A L T E R E D W A R D

to wit. D A V I D S O N , K n i g h t Commander of the M o s t

( L . S . ) Dis t inguished Order of S a i n t Michae l and

W . E. D A V I D S O N , S a i n t George , Governor of the S t a t e o f N e w

Governor. South W a l e s and its Dependencies, in the

Commonweal th of Aus t ra l ia .

W H E R E A S in order to prevent the spread within the S t a t e of

New South Wale s of the infect ious disease P n e u m o n i c

Influenza, i t has been necessary from t ime to t ime s ince the twenty- e igh th day of J a n u a r y last to close in cer ta in parts of the S t a t e cer ta in places o f business and amusement whereby many persons have been prevented from car ry ing on the i r lawful trades and business and have suffered loss and been rendered unable to meet and discharge the i r lawful debts and obl igat ions ; and whereas it is considered j u s t and r igh t t ha t inasmuch as the closing of such places o f business and amusemen t has been for the public welfare the G o v e r n m e n t should assume responsibi l i ty for so much of such debts and obligat ions, and under such c i rcumstances as it may deem equi tab le : N o w , I , S i r W A L T E R E D W A R D D A V I D S O N , the Governor aforesaid, with the advice

of the Execu t ive Counci l , do hereby notify and proclaim tha t i t is the
intent ion of the Governmen t of New South Wale s upon the reassembly
o f the P a r l i amen t of the said S t a t e to in t roduce a Bi l l to adjus t the
losses caused to persons by the closing of the hereinbefore-mentioned

places of business and amusement in the manner fo l lowing: —

( 1 )	B y properly d i s t r ibu t ing losses tha t have accrued between lessor and lessee, mor tgagor and mortgagee, and all o the r par t ies interested in moneys payable for, or in respect of any premises closed on or a f te r 28th J a n u a r y , 1919, by the Government ' s proclamat ion, and by providing for the bear ing
by the Government of at least one third of the total losses in
all cases , the remaining loss to be shared equal ly between the part ies concerned . T h e u l t imate payment by the Governmen t
o f one-third to the lessor, mortgagee, or o ther recipient will
be con t ingen t upon the s t r i c t observance by such rec ip ien t of
the condi t ions tha t he shall have refrained from any ac t ion adversely affecting the lessee or o ther pa r ty in possession where due payments a re not made, or are not made punctual ly
consequent upon the act ion of the G o v e r n m e n t in closing
premises.
( 2 )	B y providing a guaran tee by the Gove rnmen t o f 50 per cent , of any payments due, as in teres t , in respect o f advances , loans,
or overdraf ts made for the purposes of any business carr ied on in any premises so closed, or as in teres t payable in respect of the purchase of cha t t e l s used in connect ion with such business on such premises, or as hire of any such cha t t e l s .

T h i s

T h i s guaran tee will a lso operate only in cases where proper considera t ion has been shown by c l a iman t s to the persons from whom the payments are due.

( 3 )	B y providing for the S ta t e ' s ca r ry ing an equi tab le proport ion
of the losses incurred by persons engaged in such bus inesses ,
in payments made in respect of con t r ac t s of se rv ice , where such losses a re d i rec t ly due to the closing o f businesses by t he
ac t ion of the G o v e r n m e n t .
Given under my H a n d and Seal, a t Sydney , th i s	twen ty - seven th

day	of F e b r u a r y , in the y e a r of our	L o r d	one	thousand
n ine	hundred	an d	n ine teen , and in t he n in th yea r o f	H i s

Majes ty ' s R e i g n .

B y H i s E x c e l l e n c y ' s Command ,

G E O R G E W . F U L L E R .

G O D S A V E T H E K I N G !

Be it therefore enacted by the King's Most Excellent

Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New

South Wales in Parliament assembled, and by the authority of the same, as follows :—

1. This Act may be cited as the " Influenza

Epidemic Belief Act, 1919 ."
2. In this Act, unless the context matter otherwise requires :—

"Commissioner" means the commissioner ap­

pointed under this Act.

" Prescribed" means prescribed by regulations

made under this Act.

" Proclamation" means the proclamation set out

in the preamble hereto.

3. (1) The Governor may by letters patent appoint a

commissioner to inquire into any claims in connection

with losses hereinafter referred to.

(2) The Governor may appoint a secretary to the commissioner, and such other officers as may be
necessary.

(3) The commissioner shall sit for the purpose of

making such inquiries at such times and places as he
may appoint.

4. Subject to section five hereof any person who has
suffered any loss, or is unable to meet and discharge his

lawful debts or obligations in consequence of the closing

of

of the places of business and amusement referred to in

the proclamation, may within two months from the appointment of the commissioner, make application, in the manner and form prescribed, to the commissioner to determine the amount of any loss so suffered by him.

5. Losses in respect of which applications may be made may include the following matters,—

(a) rent of places of business and amusement so

closed as aforesaid;

(b) rates and taxes in connection with such places

or the business or enterprise therein conducted,

but not including Federal taxes ;

(c)	interest on borrowed money used solely in such business or enterprise;
(d)	the amount of any premium for insurance of such places, or of any stock, furniture, or plant thereon used for the purposes of such business or enterprise ;
(e)	wages of any indispensable employee in any such business or enterprise in respect of each

occasion of such closing where such employee's

wages do not exceed five pounds per week;

(f) claims for personal living expenses of the owner

of any such place at a rate not exceeding five

pounds per week for the whole time of such
closing, provided that such business or enter­

prise was substantially his sole means of
subsistence;

(g) charges for lighting;

but shall not include any other form of loss or claim

whether in respect of capital or of profit or of income.

( 1 ) The commissioner shall hear all such applica­ tions and shall determine the amount of any such loss

6.

or claim which is proved to his satisfaction. On the

hearing of any such application the applicant shall
have the right to be represented by an agent.

(2) Where any such claim for rent, rates, taxes, interest, or premiums is in respect of a period falling partly within and partly without any such occasion of such closing the commissioner in his determination shall

allow

allow only such portion thereof as bears to the whole amount the same ratio which the portion of such period during which such closing was in force bears to the whole of such period.

7. (1) Notwithstanding the terms of any contract or agreement, any person by whom light has been supplied to any such place of business or amusement during any period of such closing shall refund to the person supplied

a proportionate amount of any payment made in respect
of such light supplied but not used, calculated by

reference to the period of non-use owing to such closing,

and any such person shall not make any claim in respect of any such refund or in respect of the value of light supplied during any period of such non-use.

(2) The amount of any such refund shall be determined by the commissioner.

8. (1) The commissioner shall forward a report of the result of the inquiry and of his determination to the Governor.

(2) The commissioner shall further report whether in his opinion any applicant as creditor has refrained from any action adversely affecting the debtor where moneys due in respect of the subject matter of his application have not been paid or have not been paid punctually in consequence of the action of the Govern­ ment in so closing premises as aforesaid, and whether proper consideration has been given by any mortgagee
or lessor to his mortgagor or lessee in the like circum­

stances.

9. Of any debt as so determined the creditor shall ment by the Colonial Treasurer next hereinafter men­	forego one equal third part in consideration of the pay­
tioned, and the debtor shall be deemed to be fully and
effectually discharged from liability in respect of such
part.

10.      (1) Upon receipt by the Governor of the com­

missioner's report of his determination of the amount of any claim other than a claim for personal living ex­ penses as aforesaid and that the creditor concerned has

so refrained as aforesaid there shall be paid by the Colonial Treasurer to such creditor out of the Con­
solidated Revenue Fund one equal third part of such

debt as so determined. (2)

(2) Upon receipt by the Governor of the com­

missioner's report of his determination of the amount of any claim for personal living expenses as aforesaid there shall be paid by the Colonial Treasurer to such owner aforesaid out of the said fund one equal third part of the amount of his claim as so determined.

(3) Upon receipt by the Governor of the com­

missioner's report of his determination of the amount of any loss represented by payment of wages to any indis­ pensable employee, there shall be paid by the Colonial Treasurer to the employer concerned one equal half part

of such loss as so determined.

(4) Where any such claim consists of payments

accrued due as interest payable in respect of advances, loans or overdrafts made or given for the purposes of any business carried on in any premises so closed or in respect of the purchase or hire of chattels used in con­ nection with such business on such premises, any creditor who has received payment from the said fund of such equal one-third part as aforesaid of the debt as settled
by the commissioner shall, if he has given such proper

consideration as aforesaid, receive from the Colonial Treasurer a guarantee in the form prescribed for the payment by the debtor of one half of the equal third part of such debt as so determined still remaining to be paid by the debtor.

11. All payments purporting to be made under the proclamation before the commencement of this Act are hereby validated, and the amount thereof and of all payments made from any Government fund on account	of the closing aforesaid, shall in every case be deducted
from any amount to be paid by the Colonial Treasurer
to the person concerned.
12. (1) The Governor may make regulations for carrying out and giving effect to the provisions of this
Act.

(2) Such regulations shall—

(i) be published in the Gazette ;

(ii)   take effect from the date of publication, or from a later date to be specified in such regulations ; and

(iii)

(iii)   be laid before both Houses of Parliament within fourteen days after publication if Parliament is in session, and if not, then within fourteen days after the commencement of the next session. If either House of Parliament passes a resolution at any time within fifteen sitting days after such regulations have been laid before such House disallowing any regulation, such regulation shall thereupon cease to have effect.