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

STATUTORY RULES.

1942. No. 472.

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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 twenty-third day of October, 1942.

GOWRIE

Governor-General.

By His Excellency’s Command,

H. V. EVATT

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

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Amendments of the National Security (Land Transfer) Regulations.

Heading.

1. Before regulation 1 of the National Security (Land Transfer) Regulations the following heading is inserted:—

“Part I.—Preliminary.”.

2. After regulation 1 of the National Security (Land Transfer) Regulations the following regulations are inserted:—

Administration.

“1a. These Regulations shall be administered by the Attorney General.

Parts.

“1b. These Regulations are divided into Parts as follows:—

Part I.—Preliminary.

Part II.—Provisions relating to Enemy Aliens.

Part III.—Provisions relating to Naturalized Persons of Enemy Origin and Subjects of Countries in Enemy Occupation.

Part IV.—Transactions relating to Land in Declared Districts.

Part V.—Miscellaneous.”.

 

* Notified in the Commonwealth Gazette on 28th October, 1942.

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

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Definitions.

3. Regulation 2 of the National Security (Laud Transfer) Regulations is amended—

(a) by omitting the words and figures “formed on or after the twenty-fourth day of July, 1940,” (wherever occurring); and

(b)by adding at the end thereof the following sub-regulation:—

“(3.) The provisions of these Regulations shall apply in relation to a person—

(a)who has no nationality or whose nationality is uncertain and who immediately before ceasing to have a nationality or before his nationality became uncertain possessed the nationality of a State with which His Majesty is at war or of a country declared under these Regulations to be wholly or in part in occupation of a Power with which His Majesty is at war; or

(b)who is an enemy alien who the Attorney-General or a person acting under a delegation from the Attorney-General is satisfied—

(i) was forced to emigrate from enemy territory on account of actual or threatened religious, racial or political persecution; and

(ii) is opposed to the regime which forced him to emigrate,

in like manner as they apply in relation to a subject of a country in enemy occupation.”.

Heading.

4. Before regulation 4 of the National Security (Land Transfer) Regulations the following heading is inserted:—

“Part II.—Provisions relating to Enemy Aliens.”.

Leases and mortgages of leases to enemy aliens.

5. Regulations 5 and 6of the National Security (Land Transfer) Regulations are amended by omitting the words “five years” (wherever occurring) and inserting in their’ stead the words “one year”.

Heading.

6. After regulation 6aof the National Security (Land Transfer) Regulations the following heading is inserted:—

“Part III.—Provisions relating to Naturalized Persons of Enemy Origin and Subjects of Countries in Enemy Occupation.”.

Transfer of land to certain persons forbidden without consent.

7. Regulation 7 of the National Security (Land Transfer) Regulations is amended by inserting after the word “land” (first occurring) the words “(otherwise than by will)”.

Leases and mortgages of leases to certain persons.

8. Regulations 8 and 9 of the National Security (Land Transfer) Regulations are amended by omitting the words “five years” (wherever occurring) and inserting in their stead the words “one year”.

 

Option for purchase of land by certain persons forbidden without consent.

9. Regulation 9aof the National Security (Land Transfer) Regulations is amended by omitting the word “subject” (first occurring) and inserting in its stead the word “person”.

Heading.

10. Before regulation 10 of the National Security (Land Transfer) Regulations the following heading is inserted:—

“Part IV.—Transactions relating to Land in Declared Districts.”.

Transactions in declared districts forbidden without consent.

11. Regulation 10 of the National Security (Land Transfer) Regulations is amended by omitting the words “five years” (wherever occurring) and inserting in their stead the words “one year”.

Heading.

12. Before regulation 11 of the National Security (Land Transfer) Regulations the following heading is inserted:—

“Part V.—Miscellaneous.”.

Contracts entered into without consent inadvertently, &c.

13. Regulation 13aaof the National Security (Land Transfer) Regulations is amended by inserting after the word “inadvertence” the words “, or to ignorance of the provisions of these Regulations”.

Transactions to which companies are parties.

14. Regulation 16aof the National Security (Land Transfer) Regulations is amended by omitting the words and figures “regulations 7, 8, 9, 9aand 16” and inserting in their stead the words and figures “regulation 7, 8, 9 or 9a”.

15. After regulation 16bof the National Security (Land Transfer) Regulations the following regulations are inserted:—

Execution of certain trusts prohibited.

“16c.—(1.) A person shall not, unless the consent in writing of the Attorney-General has first been obtained, execute any deed or other instrument whereby—

(a)any trust of land for the benefit of an infant child of—

(i) an enemy alien;

(ii) a naturalized person of enemy origin; or

(iii) a subject of a country in enemy occupation, is created; or

(b) that person acknowledges or declares that he holds any land in trust for any such infant child.

“(2.) Where, on or after the twenty-third day of July, 1940, and prior to the commencement of this regulation, a person executed a deed or other instrument whereby—

(a)any trust of land for the benefit of an infant child of—

(i) an enemy alien;

(ii) a naturalized person of enemy origin; or

(iii) a subject of a country in enemy occupation, was created; or

(b) that person acknowledged or declared that he held any land in trust for any such infant child.

 

the trustee for the time being under the deed or other instrument shall if the trust is still in existence and the same or any other land is subject thereto, 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 the defendant satisfies the Court that he took reasonable steps to sell the land but was unable to do so.

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

“16d. Where the sale or letting of any land to any person is prohibited under these Regulations, that person—

(a) if the sale or letting is prohibited absolutely—shall not; or

(b)if the sale or letting is prohibited without consent—shall not, unless the consent in writing of the Attorney-General has first been obtained,

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 other 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.

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

“16e. Where the sale or letting of any land to any person is prohibited, whether absolutely or without consent, under these Regulations, that person 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.”.

Instruments not to be executed to give effect to certain transactions except with consent.

16. Regulation 17 of the National Security (Land Transfer) Regulations is amended by omitting from sub-regulation (1b.) all the words from and including the words “before the date” and inserting in their stead the words “within the time provided by this regulation.”.

Registrar of Titles may require evidence.

17. Regulation 19 of the National Security (Land Transfer) Regulations is amended—

(a)by omitting sub-regulation (2.) and inserting in its stead the following sub-regulation:—

“(2.) Where any such instrument bears an indorsement signed by the transferee, lessee, mortgagee or other like party (or where the transferee, lessee, mortgagee or other like party is a company—by the Chairman of Directors or Secretary of the company) in the presence of a person specified in sub-regulation (4.) of this regulation, stating that the transaction to which the instrument relates is not in contravention of any provision of these Regulations, and that the instrument has not been executed in contravention of these Regulations, the indorsement may, for the purposes of this regulation, be accepted as evidence accordingly.”; and

(b) by adding at the end thereof the following sub-regulation:—

“(4.) An indorsement under this regulation may be signed in the presence of—

(a)a Police, Stipendiary or Special Magistrate of the Commonwealth or of a State or Territory of the Commonwealth;

 

(b) a Justice of the Peace;

(c) a Commissioner for Affidavits;

(d)a Commissioner for Declarations appointed under the Statutory Declarations Act 1911—1922;

(e) a Notary Public; or

(f) a barrister or solicitor.”.

Contracts to avoid Regulations.

18. After regulation 19 of the National Security (Land Transfer) Regulations the following regulation is added:—

“20. A person shall not enter into or make any contract or agreement, whether orally or in writing, for the purpose of, or which has the effect of, in any way, and whether directly or indirectly, defeating, evading or avoiding, or preventing the operation of, these Regulations in any respect.”.

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

19. Where, prior to the commencement of these Regulations, any contract or agreement has been entered into which, if it had been entered into after the commencement of these Regulations, would have been prohibited either absolutely or without consent, a person shall not execute any instrument to give effect to the contract or agreement unless the consent in writing of the Attorney-General has first been obtained on application made not later than six months after the commencement of these Regulations.

 

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

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