STATUTORY
RULES.
1962. No. 30.
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REGULATION
UNDER THE TRADING WITH THE ENEMY ACT 1939-1957.*
I,
THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the
advice of the Federal Executive Council, hereby make the following Regulation
under the Trading with the Enemy Act 1939-1957.
Dated
this twenty-fourth day of March, 1962.
DE L’ISLE
Governor-General.
By His Excellency’s Command,
(SGD.)
HAROLD HOLT
Treasurer.
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AMENDMENT
OF THE NATIONAL SECURITY (ENEMY PROPERTY) REGULATIONS.
After Regulation 18 of the National
Security (Enemy Property) Regulations the following regulation is inserted:—
Disposal
of moneys standing to the credit of the Enemy Subjects Trust Account.
“18A.—(1.)
Subject to the Trading with the Enemy Act
1939-1957 and to the next succeeding sub-regulation, the portion of the
moneys standing, at the date of commencement of this regulation, to the credit
of the Enemy Subjects Trust Account by reason of the application of the
repealed Regulations, these Regulations or the Trading with the Enemy Act 1939, or that Act as amended from time
to time, to or in relation to the property, rights or interests of a country
with which a Treaty of Peace has been concluded or the subjects of such a
country shall be disposed of by payment by the Controller to each person in
Australia who has, before the commencement of this regulation, made to the
Controller a claim against that country or a subject of that country that the
Controller considers is a claim that may under the Treaty of Peace with that
country properly be paid out of those moneys.
* Notified in the Commonwealth Gazette on 20th March,
1962.
Being the
Regulations having that title as in force under the Trading with the Enemy Act 1939-1952. The Regulations under the National Security Act 1939-1946 having
the corresponding title were Statutory Rules 1942, No. 268, as amended by
Statutory Rules 1943, No. 88; and 1944, No. 79. Those Regulations were amended
by the Defence (Transitional Provisions) Act 1946,
by Statutory Rules 1946, No. 194; by section 15A
of the Trading with the Enemy Act 1939-1952
(inserted by Act No. 75 of 1947); by Statutory Rules 1952, No. 24; by Statutory
Rules 1953, No. 30; by Statutory Rules 1957, No. 5; and by Statutory Rules
1959, No. 88.
4442/60.—PRICE
3D. 10/29.11.1961.
“(2.) Where the Controller is
satisfied that the portion of the moneys standing, at the date of commencement
of this regulation, to the credit of the Enemy Subjects Trust Account by reason
of the application of the repealed Regulations, these Regulations or the Trading with the Enemy Act 1939, or that
Act as amended from time to time, to or in relation to the property, rights or
interests of, or of the subjects of, a country is, when compared with the total
amount of claims made by persons in Australia against that country or subjects
of that country, so small that a distribution of that portion of those moneys
to those persons would not be justified, the Controller shall pay that portion
of those moneys into the Consolidated Revenue Fund.
“(3.) Where moneys are, at any time
after the commencement of this regulation, standing to the credit of the Enemy
Subjects Trust Account by reason of the application of the repealed
Regulations, these Regulations or the Trading
with the Enemy Act 1939, or that Act as amended from time to time, to or in
relation to the property, rights or interests of a country (other than a
country with which a Treaty of Peace has been concluded) or of the subjects of
such a country, the Controller shall pay into the Consolidated Revenue Fund so
much of those moneys as he, from time to time, determines are not required for
the purposes of these Regulations.
“(4.) Where—
(a) the Controller is satisfied that
there are no claimants in respect of; or
(b) the Controller can not identify the
persons entitled to payment of,
portion
of any moneys (other than moneys the disposal of which is authorized by section
13F of the Trading with the Enemy Act 1939-1957 or the preceding provisions of
this regulation) standing to the credit of the Enemy Subjects Trust Account,
the Controller shall pay that portion of those moneys to the Consolidated
Revenue Fund.
“(5.) Nothing in this regulation
affects—
(a) the rights that a person has or may
have under the provisions of a Treaty of Peace; or
(b) the rights and liabilities of the
Commonwealth under a Treaty of Peace if and when those rights and liabilities
are finally determined in accordance with that Treaty.”.
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By
Authority: A. J. ARTHUR, Commonwealth Government Printer. Canberra.