National Security (External Territories) Regulations (Amendment) (Cth)

STATUTORY RULES.

1945. No. 2.

 

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1943.*

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the National Security Act 1939-1943.

Dated this tenth day of January, 1945.

W. DUGAN

Administrator.

By His Excellency’s Command,

E. J. WARD

for and on behalf of the Minister of

State for Defence.

 

Amendments of the National Security (External Territories)

Regulations. 

Definitions.

1. Regulation 3 of the National Security (External Territories) Regulations is amended by inserting after the definition of “authorized person” the following definition:—

“‘General Officer Commanding’ means the General Officer of the Australian Military Forces having the operational command of the Australian Military Forces serving in the Territories of Papua and New Guinea;”.

Administrative powers.

2. Regulation 21 of the National Security (External Territories) Regulations is amended by omitting from sub-regulations (2a.) and (3.) the words “New Guinea Force”.

3. After regulation 24c of the National Security (External Territories) Regulations the following regulation is inserted in Part III.:—

Meetings of companies.

“24d. Notwithstanding anything contained in any law in force in the Territory of Papua or the Territory of New Guinea, or in the articles of association of any company, requiring any meeting of shareholders, or of directors of any company to be held in either of those Territories, any such meeting may, subject in all other respects to the articles of association of the company, be validly held at any place in Australia.”.

 

* Notified in the Commonwealth Gazette, on 11th January, 1945.

  Statutory Rules 1942, No. 200, as amended by Statutory Rules 1942, No. 349; 1943, Nos. 139, 178 and 278; 1944, Nos. 73 and 118.

7286.—Price 3d.

 

Definitions.

4. Regulation 27 of the National Security (External Territories) Regulations is amended—

(a) by inserting after the definition of “member” the following definition:—

“‘owner’ includes a person who is purchasing any land in the Territory under a contract of sale (including a contract with the Custodian) and also includes the agent of an owner or of any such person;”

(b) by inserting after the definition of “the Board” the following definition:—

“‘the Custodian’ means the Custodian of Expropriated Property appointed in pursuance of the Treaty of Peace Regulations;” and

(c) by omitting the definition of “the General Officer Commanding”.

General amendment.

5. The National Security (External Territories) Regulations are amended by inserting in sub-regulation (1.) of regulation 37, sub-regulations (1.) and (3.) of regulation 38, sub-regulation (1.) of regulation 39, and regulation 40, after the word “lessee” (wherever occurring), the words “or owner”.

Board may occupy plantations.

6. Regulation 41 of the National Security (External Territories) Regulations is amended—

(a) by inserting in sub-regulation (1.) after the words “New Guinea”, the words “and any land in the Territory belonging to the Custodian which is not being purchased from him under a contract of sale”; and

(b)by inserting in that sub-regulation after the word “lessee” the words “or owner”.

Charges on land in favour of Commonwealth.

7. Regulation 44 of the National Security (External Territories) Regulations is amended—

(a) by inserting after the word “lessee” the words “or owner of any land on which operations are carried on in pursuance of this Part”; and

(b) by omitting all the words after the words “shall be” and inserting in their stead the following words:—

“—(a) in the case of land other than land being purchased from the Custodian under contract of sale—a first charge in favour of the Commonwealth on the land and on all fixtures thereon; and

(b) in the case of land being so purchased—a first charge in favour of the Commonwealth on the interest of the owner in the land and on all fixtures thereon,

in priority to all other incumbrances whatsoever.”.

 

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