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

STATUTORY RULES.

1942. No. 247.

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 eighth day of May, 1942.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

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 omitting from sub-regulation (1.) 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, immediately prior to the issue of that certificate, a subject of Austria or of a country with which His Majesty is at war,

and includes—

(c) the wife of any such naturalized person;

(d) the wife of an enemy alien who is, by reason of a declaration made under section 18a of the Nationality Act 1920–1936, entitled, while in Australia or any Territory of the Commonwealth, to all political and other rights powers and privileges to which a natural-born British subject is entitled; and

 

* Notified in the Commonwealth Gazette on , 1942.

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

2200.—Price 3d. 25/22.4.1942.

 

(e) a woman who is the widow of an enemy alien and who, at any time prior to her marriage, was a British subject;”.

2. After regulation 13 of the National Security (Land Transfer) Regulations the following regulation is inserted:—

“Contracts entered into without consent inadvertently.

13aa. Where a contract, agreement or transaction (not being a contract, agreement or transaction referred to in regulation 4, 5, 6 or 6a of these Regulations) has been entered into, or an instrument has been executed, in contravention of these Regulations, the Attorney-General, or any person to whom the powers and functions of the Attorney-General under these Regulations have been delegated, may, if he is satisfied that the contravention was due to inadvertence, give his consent to the contract, agreement or transaction, or to the execution of the instrument, and any consent so given shall be of the same force and effect as if it had been given before the contract, agreement or transaction was entered into or the instrument executed.”.

3. After regulation 16a of the National Security (Land Transfer) Regulations the following regulation is inserted:—

“Transactions with children of persons to whom consent refused.

16b. Where any person (in this regulation referred to as ‘the parent’) has, whether before or after the commencement of this regulation, made application for consent under these Regulations to enter into any transaction with respect to any land and consent has not been granted, any person who is a child of the parent shall not, unless the consent in writing of the Attorney-General has first been obtained—

(a) enter into any transaction with respect to the whole or any part of that land which, if it had been entered into with the parent, would have been prohibited unless consent thereto had first been obtained; or

(b) if such a transaction has been entered into before the commencement of this regulation, execute any instrument to give effect to the transaction.”.

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

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

(a) by omitting from sub-regulation (1a.) the words “either absolutely or”; and

(b) by inserting after that sub-regulation the following sub-regulations:—

“(1aa.) Where, prior to the date on which His Majesty becomes at war with any country, a contract or agreement has been entered into which, if it had been entered into after that date, 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 within six months after the date on which His Majesty so becomes at war.

 

“(1ab.) Where an application for the consent of the Attorney-General to the execution of an instrument has not been made before the date specified in sub-regulation (1.) of this regulation or within the period specified in sub-regulation (1a.) or (1aa.) of this regulation, as the case may be, the Attorney-General, or any person to whom the powers and functions of the Attorney-General under these 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.