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

STATUTORY RULES.

1943. No. 184.

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1943.*

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 1939-1943.

Dated this twenty-second day of July, 1943.

GOWRIE

Governor-General.

By His Excellency’s Command,

JOHN A. BEASLEY

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

———

Amendments of the National Security (Land Transfer) Regulations.

Definitions.

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

“(4.) For the purposes of these Regulations, a lease for an indefinite or uncertain period shall be deemed to be a lease for a term of more than one year.”.

2. After regulation 10 of the National Security (Land Transfer) Regulations the following regulation is inserted in Part IV.:—

Leases of land in declared districts.

“10a.—(1.) The Attorney-General may, by order published in the Gazette, declare any district to be a district in relation to which this regulation applies.

“(2.) A person shall not enter into any contract or agreement—

(a) for the lease to an enemy alien for a term of more than one month of land in a district in relation to which this regulation applies;

(b) for the lease to an enemy alien for a term of any period of land in any such district where the enemy alien has already leased the land for a term of at least one month or for terms which aggregate at least one month; or

* Notified in the Commonwealth Gazette on 22nd July, 1943.

 Statutory Rules 1940, No. 141. as amended by Statutory Rules 1940, Nos. 148, 200, 239 and 265; 1941, Nos. 6, 111 and 292; 1942, Nos. 247 and 472; and 1943, No 8.

4225.—Price 3d.

(c) unless the consent in writing of the Attorney-General has first been obtained—

(i) for the lease to a naturalized person of enemy origin or to a subject of a country in enemy occupation for a term of more than one month of land in any such district; or

(ii) for the lease to a naturalized person of enemy origin or to a subject of a country in enemy occupation for a term of any period of land in any such district where the naturalized person of enemy origin or subject of a country in enemy occupation has already leased the land for a term of at least one month or for terms which aggregate at least one month.”.

3. Before regulation 11 of the National Security (Land Transfer) Regulations the following regulation is inserted in Part V.:—

Provisions as to certain leases to enemy aliens.

“10b.—(1.) Where an enemy alien declared by the Attorney-General to be an enemy alien to whom this regulation applies is the lessee of any land which, immediately before the land was let to him, was let or sub-let to a natural-born British subject, the lease of the land to the enemy alien shall terminate at the expiration of three months after its commencement, or if, at the commencement of this regulation, at least three months of the term of the lease has expired, it shall terminate on the commencement of this regulation.

“(2.) If the land was not sub-let, the natural-born British subject to whom the land was let or, if the land was sub-let, the natural-born British subject to whom the land was sub-let, immediately before the land was let to the enemy alien, may require the owner of the land to let it to him as from the termination of the lease to the enemy alien, and the owner shall, upon being so required, let the land accordingly.

“(3.) The rent payable for land let in accordance with the last preceding sub-regulation shall be the rate fixed in accordance with law or, if no such rate is so fixed—

(a) if the Treasurer consented to the lease of the land to the enemy alien—the rate fixed by that lease; or

(b) in any other case—

(i) if the land was let on the tenth day of February, 1942—subject to the Treasurer approving any other rate, the rate at which the land was let on that date; or

(ii) if the land was not let on that date—such rate as is approved by the Treasurer.

“(4.) The term for which land shall be let in accordance with sub-regulation (2.) of this regulation shall be a term equivalent to that for which the land was let to the enemy alien, and the provisions, covenants and conditions of the lease shall be similar to those of the lease to the enemy alien.”.

4. Regulations 16d and 16e. of the National Security (Land Transfer) Regulations are repealed and the following regulations inserted in their stead:—

Purchase money of land not to be provided in certain circumstances.

“16d.—(1.) An enemy alien and, unless the consent in writing of the Attorney-General has first been obtained, a naturalized person of enemy origin, a subject of a country in enemy occupation or a company to which these Regulations apply, shall not provide the whole or any part of the money or other consideration for the purchase of land by, or the letting of land to, some other person, whether that person is to hold the land purchased or leased on his own behalf or in trust for the first-mentioned person or for another person.

“(2.) Where a person is the owner of any land, and the whole or any part of the money or other consideration for the purchase of that land was provided in contravention of the last preceding sub-regulation, that person shall, within three months after being required by the Attorney-General by notice in writing so to do, sell the land.

“(3.) It shall be a defence to a prosecution for an offence under the last preceding sub-regulation if a defendant satisfies the Court that he took reasonable steps to sell the land but was unable to do so.

Certain inducements to purchase, &c., land prohibited.

“16e. An enemy alien, a naturalized person of enemy origin, a subject of a country in enemy occupation or a company to which these Regulations apply shall not induce or make use of any other person to acquire land, or to obtain a lease of land for a term of more than one year, otherwise than for the use, benefit and advantage of that other person.”.

Provisions relating to certain contracts entered into prior to the commencement of amending Regulations.

5. Where an application for the consent of the Attorney-General to the execution of an agreement has not been made within the time provided by regulation 2 of Statutory Rules 1941, No. 292, or regulation 19 of Statutory Rules 1942, No. 472, as the case may be, the Attorney-General, or any person to whom the powers and functions of the Attorney-General under the National Security (Land Transfer) Regulations have been delegated, may, if he is satisfied that the failure to make the application was due to ignorance of the necessity for making the application, consent to the execution of the instrument.

 

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