National Security (Enemy Property) Regulations (Amendment) (Cth)

STATUTORY RULES.

1946. No. 194.

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REGULATION UNDER THE NATIONAL SECURITY ACT 1939-1946.*

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 National Security Act 1939-1946.

Dated this eighteenth day of December, 1946.

HENRY

Governor-General.

By His Royal Highness’s Command,

J. B. CHIFLEY

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

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Amendment of the National Security (Enemy Property) Regulations. 

After regulation 5a of the National Security (Enemy Property) Regulations the following regulation is inserted:—

Agreements or arrangements with Governments as to enemy property.

“5b.— (1.) Where the Commonwealth and the Government of any country which has ceased to be enemy territory have entered into an agreement or arrangement in respect of the property in Australia of any persons or bodies of persons (whether corporate or unincorporate) who or which are or have been enemy subjects by reason of their being resident in or carrying on business in that country, the Treasurer and the Controller may do all things and take all such action as is necessary to give full effect to the agreement or arrangement and, in particular—

(a)the Treasurer may pay to the Government of that country or to an authorized person all moneys which, at the date on which the agreement or arrangement takes effect, have been received by the Comptroller-General of Customs under the provisions of section 14 of the Trading with the Enemy Act 1939-1940, less any necessary expenses or other payments made in accordance with law;

(b)the Controller may authorize the payment to the Government of that country or to an authorized, person of any moneys which are or have been received by him in respect of that property, less any necessary expenses or other payments made in accordance with law; and

(c)the Controller may direct any person who holds or manages any such property to transfer that property to the Government of that country or to an authorized person.

* Notified in the Commonwealth Gazette on 19th December, 1946.

  Statutory Rules 1942, No. 268, as amended by Statutory Rules 1943, No. 88, and 1944, No. 79.

7893.—Price 3d.

 

“(2.) Where any person has, in pursuance to any direction given by the Controller under this regulation, transferred any property to the Government of any country or to an authorized person, no action shall lie against him in respect of the transfer.

“(3.) In this regulation—

‘authorized person’ means a person duly authorized by the Government of the country in respect of which the expression is used;

‘property’ includes money, real or personal property, debt, securities and any rights, whether legal or equitable, in or arising out of real or personal property which is subject to these Regulations or the Trading with the Enemy Act 1939-1940.”.

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