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

STATUTORY RULES.

1941. No. 19.

 

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 twenty sixth day of January, 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.

 

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

Definitions.

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

“‘tribunal’ means—

(a) in relation to a debt which does not exceed Five hundred pounds, where the debt was incurred—

(i) in a State (other than the State of Tasmania) or in the Northern Territory or the Australian Capital Territory—a court of limited civil jurisdiction constituted by a Police, Stipendiary or Special Magistrate;

(ii) in the State of Tasmania—a Court of Requests;

(iii) in the Territory of Papua or the Territory of New Guinea—the Supreme Court of the Territory in which the debt was incurred; or

(iv) in Norfolk Island—the Court of Norfolk Island sitting in its Full Jurisdiction;

 

* Notified in the Commonwealth Gazette on , 1941.

  Statutory Rules 1940, No. 236.

192.—5/16.1.1941.—Price 3d.

(b) in relation to a debt which exceeds Five hundred pounds but does not exceed Two thousand pounds—a District Court, County Court or Local Court of Full Jurisdiction in the State or Territory of the Commonwealth (other than the Territory of New Guinea) in which the debt was incurred, or, if there is no such court, or the debt was incurred in the Territory of New Guinea, the High Court or the Supreme Court of the State or Territory in which the debt was incurred, or, if the debt was incurred in Norfolk Island, the Court of Norfolk Island sitting in its Full Jurisdiction; and

(c) in relation to a debt which exceeds Two thousand pounds—the High Court, or the Supreme Court of the State or Territory of the Commonwealth in which the debt was incurred or, if the debt was incurred in Norfolk Island, the Court of Norfolk Island sitting in its Full Jurisdiction.”.

Penalty for disposing of assets by debtor while application pending.

2.—(1.) Regulation 11 of the National Security (Debtors’ Relief) Regulations is amended by adding at the end thereof the following sub-regulation:—

“(2.) Where any assets are disposed of in contravention of this regulation, the transaction by which they are disposed of shall not thereby be invalidated.”.

(2.) Where any assets have, prior to the commencement of this regulation, been disposed of in contravention of regulation 11 of the National Security (Debtors’ Relief) Regulations, the transaction by which they were disposed of shall be as effectual, and the rights, powers and remedies of any person thereunder shall be the same, as if the assets had not been disposed of in contravention of the last-mentioned regulation.

Orders by Attorney-General.

3. Regulation 13 of the National Security (Debtors’ Relief) Regulations is amended by omitting the word “Minister” and inserting in its stead the word “Attorney-General”.

 

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