STATUTORY RULES.
1939. No. 117.
Regulations UNDER
THE NATIONAL SECURITY ACT 1939.*
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 National Security Act 1939.
Dated
this thirteenth day of October, 1939.
(SGD.)
GOWRIE.
Governor-General.
By His Excellency’s Command,
for Minister
of State for Defence.
National
Security (Capital Issues) Regulations.
Citation.
1. These Regulations may be
cited as the National Security (Capital Issues) Regulations.
Definitions.
2. In these Regulations,
unless the contrary intention appears—
“securities”
includes shares, stock, bonds, debentures and debenture stock, but does not
include bills of exchange or promissory notes.
Formation
of companies.
3. A
person shall not, without the consent in writing of the Treasurer, make any
application for the registration of any company, or of any society, club or
association having for its object, or one of its objects, the pecuniary profit
or gain of its members.
Increase
in capital of companies.
4.—(1.) A company, or any
person acting for, or on behalf of, a company, shall not, without the consent
in writing of the Treasurer—
(a) increase the nominal capital of the
company;
(b) make an issue of authorized capital
of the company; or
(c) make a call upon shares issued by the
company.
(2.) In this regulation, “company”
includes a society, club or association formed for the purposes of pecuniary
profit or gain, which is registered in the Commonwealth or carries on business
or operates in the Commonwealth, though not registered therein.
Application
for consent of Treasurer.
5.—(1.)
An application for the consent of the Treasurer under regulation 3 or 4 of
these Regulations shall be in writing and shall be accompanied by particulars
in writing of the proposal for the registration, or the reasons for the
proposed increase in nominal capital, or for the issue of authorized capital or
for the making of any call upon shares, as the case may be, together with such
further information as the Treasurer requires.
* Notified in the Commonwealth
Gazette on ,
1939.
6053.—10/11.10.1939.—Price 3d.
(2.) The Treasurer may, in his
absolute discretion, consent to the application, or refuse to consent to it.
(3.) A company, society, club or
association, or any person on its behalf, shall not, in furtherance of the
objects of the company, society, club or association, make use of the consent
of the Treasurer to any application.
Securities,
&c., not to be issued without consent.
6.—(1.)
A body, whether corporate or unincorporate, other than a partnership, shall
not, without the consent in writing of the Treasurer, issue any securities or
mortgage or charge the whole or any part of its property or assets.
(2.) Nothing in this regulation
shall prevent or affect in any way any transaction in respect of an advance
made bona fide by any bank in the
ordinary course of business, on such security as the bank usually requires, and
for the purpose of enabling the body receiving the advance to meet, pending the
receipt of its ordinary current revenue or income, expenditure which it normally
meets from such revenue or income, provided the instrument executed to secure
the advance—
(a) specifies the bank by which the
advance is made as the person to whom the amount of the advance is to be
repaid;
(b) is not transferable; and
(c) provides for the repayment of the
advance on demand.
Announcements
of consent.
7. A
company, society, club or association, or any person on its behalf, which or
who makes any intimation, whether orally, in writing or in any other way, of
the fact of the Treasurer’s consent to an application under these Regulations
shall include in the intimation a statement in the following terms or in terms
of the like effect:—
“The
fact that the Treasurer of the Commonwealth has consented to [here insert particulars of the matters
consented to by the Treasurer] is not to be taken in any way as a guarantee
of the actual or probable financial stability or success of the company [or society, club or association, as the case
may be].”.
Registration
of Companies not to be removed without consent.
8.—(1.)
A person shall not, without the consent in writing of the Treasurer, take, or
continue to take, any step towards the removal of the place of registration of
a company from Australia to any place outside Australia.
(2.) The consent of the Treasurer
under this regulation may be subject to such conditions as the Treasurer thinks
fit and a person shall comply with all such conditions as are applicable to
him.
Declaration
of secrecy.
9.—(1.) Every officer
having duties connected with applications made under any of these Regulations
shall, before entering upon his duties, make before a Justice of the Peace, a
Commissioner for taking affidavits or a Commissioner for Declarations, a declaration
of secrecy in accordance with the Form in the Schedule to these Regulations.
(2.) An officer shall not, except
in the course of his duty or to an officer who has made a declaration in
accordance with the provisions of this regulation, divulge any information
furnished in connexion with any application made under these Regulations.
False
statements.
10. A person shall not make
to the Treasurer, or to any officer having duties connected with applications
under any of these Regulations, any statement, whether oral or in writing,
relating to any matter dealt with under these Regulations which he knows to be
untrue in any particular or which is made by him without his having first made
proper inquiries to ascertain the truth thereof.
Exemption.
11. The Treasurer may, by
order, exempt from the application of the whole or any of the provisions of
these Regulations any person, company, society, club, association or body, or
class of persons, companies, societies, clubs, associations or bodies, or any
security, mortgage, or charge or class of securities, mortgages or charges.
THE
SCHEDULE.
——
National Security (Capital Issues) Regulations.
DECLARATION BY OFFICER.
I, ,
of .
being an officer having duties connected with applications made under the
National Security (Capital Issues) Regulations, do solemnly and sincerely
promise and declare that, except in the course of my duty, or to an officer who
has made this declaration, I will not divulge any information which is
furnished to me or to the Treasurer in connexion with those duties.
Dated this day of ,
19 .
(Signature of officer.)
Declared at this day
of , 19 .
Before me—
(Justice of the Peace, Commissioner for taking Affidavits
or Commissioner for Declarations.)
By
Authority: L. F. Johnston, Commonwealth Government
Printer, Canberra.