National Security (Contracts Adjustment) Regulations (Amendment) (Cth)

STATUTORY RULES.

1942. No. 481.

––––––––

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.*

I, THE DEPUTY OF 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 1939-1940.

Dated this thirtieth day of October, 1942.

WINSTON DUGAN

Deputy of the Governor-General.

By His Excellency’s Command,

H. V. EVATT

for and on behalf of the Minister of State for Defence.

––––––

Amendments of the National Security (Contracts Adjustment) Regulations.

Definition.

1. Regulation 3 of the National Security (Contracts Adjustment) Regulations is amended—

(a) by omitting from paragraph (b) of the definition of “tribunal” in sub-regulation (1.) the word “or” (last occurring); and

(b) by adding at the end of that definition the following paragraphs:—

“; (d) where the respondent does not reside or carry on business in any State or Territory, and the contract or agreement which is the subject-matter of the application relates to real or leasehold property in Australia— any court which would be a tribunal by virtue of any of the foregoing provisions of this definition, if the respondent resided or carried on business in that State or Territory; or

 

* Notified in the Commonwealth Gazette on 30th October, 1942.

  Statutory Rules 1942, No. 65, as amended by Statutory Rules 1942, Nos. 98, 162, 258 and 470.

7760.—Price 3d.

“(e) in any other case where the respondent does not so reside or carry on business—any court which would be a tribunal by virtue of any of the foregoing provisions of this definition if the respondent resided in the State or Territory in which the applicant resides.”.

Manner of making application.

2. Regulation 15 of the National Security (Contracts Adjustment) Regulations is amended by inserting after sub-regulation (3.) the following sub-regulation:—

“(3a.) Without prejudice to any other mode of service, where the respondent does not reside in Australia, and there is in Australia any attorney, agent or solicitor of the respondent with authority, on behalf of the respondent, to enforce any provision of the contract or agreement to which the application relates, or to sue for damages for the breach of any such provision, or to conduct proceedings for any such enforcement or recovery, or to deal with any property to which the contract or agreement relates, the true copy of the application and the declaration may be served on that person in like manner as service could be effected on the respondent if he resided where that person resides, and that service shall be deemed to be service on the respondent for the purposes of these Regulations.”.

––––––––––––––––––

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.