National Security (Debtors' Relief) Regulations (Amendment) (Cth)

STATUTORY RULES.

1941. No. 99.

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REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.*

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 1939-1940.

Dated this ninth day of May, 1941.

Governor-General.

By His Excellency’s Command,

(SGD) W. M. HUGHES

for and on behalf of the Minister of State for Defence Co-ordination.

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Amendments of the National Security (Debtors’ Relief) Regulations. 

Definitions.

1. Regulation 2 of the National Security (Debtors’ Relief) Regulations is amended by omitting sub-paragraph (iii) of paragraph (a) of the definition of “tribunal” and inserting in its stead the following sub-paragraphs:—

“(iii) in the Territory of Papua—the Supreme Court of that Territory;

“(iiia) in the Territory of New Guinea—a District Court in that Territory; or”.

Applications for relief.

2. Regulation 3 of the National Security (Debtors’ Relief) Regulations is amended by omitting sub-regulation (5.).

Penalty for disposing of assets by debtor while application pending.

3. Regulation 11 of the National Security (Debtors’ Relief) Regulations is amended by omitting sub-regulation (2.).

 

*Notified in the Commonwealth Gazette on , 1941.

 Statutory Rules 1940, No. 236, as amended by Statutory Rules 1941, No. 19.

4.—(1.) After regulation 13 of the National Security (Debtors’ Relief) Regulations the following regulation is added:—

Validation.

“14.—(1.) (Subject to this regulation, no transaction, action, execution, process or proceeding shall be invalidated by reason only that it has been entered into, commenced, proceeded with or put in force in contravention of these Regulations, but nothing in this regulation shall affect the liability of any person to a penalty in respect of any such contravention.

“(2.) The appropriate Court may, on the application of the Attorney-General or of any person interested, make an order that a transaction, action, execution, process or proceeding entered into, commenced, proceeded with or put in force in contravention of these Regulations shall be invalidated, but the Court shall not make any such order if the Court is satisfied that the effect of the order (if made) would be to prejudice the rights of a person in respect of, or arising out of, the transaction, action, execution, process or proceeding which have been acquired bona fide and without notice of the contravention.

“(3.) In this regulate on ‘the appropriate Court’ means the High Court, or the Supreme Court of the State or Territory of the Commonwealth in which the transaction, action, execution, process or proceeding was entered into, commenced, proceeded with or put in force”.

(2.) Where any action, execution, process or proceeding has, prior to the commencement of this regulation, been commenced, proceeded with or put in force in contravention of regulation 3 of the National Security (Debtors’ Relief) Regulations, the action, execution, process or proceeding shall be as effectual and the rights, powers and remedies of any person thereunder shall be the same as if the action, execution, process or proceeding had not been commenced, proceeded with or put in force in contravention of the last-mentioned regulation.

 

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