National Security (Land Transfer) Regulations (Amendment) (Cth)

STATUTORY RULES.

1940. No. 200.

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 twelfth day of September, 1940.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

(Sgd.) W. M. HUGHES.

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

 

Amendments of the National Security (Land Transfer) Regulations.

Definitions.

1. Regulation 2 of the National Security (Land Transfer) Regulations is amended by omitting the definition of “naturalized person of enemy origin” and inserting in its stead the following definition:—

“‘naturalized person of enemy origin’ means a person who—

(a) is a naturalized British subject by virtue of a certificate of naturalization issued, in any part of the King’s dominions, to himself or to his father or mother, or (in the case of a married woman) to her husband; and

(b)was, at the time of the issue of that certificate, a subject of Germany, Austria or Italy,

and includes the wife of any such naturalized person;”.

2. Regulation 13 of the National Security (Land Transfer) Regulations is repealed and the following regulations inserted in its stead:—

Validation of transactions.

“13.—(1.) A contract, agreement or other transaction entered into, and an instrument executed, in contravention of these Regulations shall not thereby be invalidated.

* Notified in the Commonwealth Gazette on , 1940.

  Statutory Rules 1940, No. 141, as amended by Statutory Rules 1940, No. 148

5654.—9/6.9.1940.—Price 3d.

“(2.) Where, prior to the commencement of this regulation, any contract, agreement or other transaction has been entered into, or any instrument has been executed, in contravention of these Regulations, the contract, agreement, transaction or instrument, shall be as effectual, and the rights, powers and remedies of any person thereunder shall be the same, as if the contract, agreement or transaction had not been entered into, or the instrument had not been executed, in contravention of these Regulations.

“(3.) Nothing in this regulation shall affect the liability of any person to any penalty in respect of any contravention of these Regulations.

Consent of Attorney-General subsequent to execution of contracts, &c.

“13a. Where a contract, agreement or transaction has been entered into, or an instrument has been executed, subject to the consent of the Attorney-General thereto being obtained, the contract, agreement or transaction shall not be deemed to have been entered into, or the instrument executed, in contravention of these Regulations if the Attorney-General subsequently gives his consent thereto.”.

   

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