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

STATUTORY RULES.

1941. No. 111.

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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 first day of May, 1941.

(Sgd.) Gowrie

Governor-General.

By His Excellency’s Command,

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

 

Amendments of the National Security (Land Transfer) Regulations.

Transfer of land to enemy aliens forbidden.

1. Regulation 4 of the National Security (Land Transfer) Regulations is amended by inserting after the word “not” the words “make a gift of land (otherwise than by will) to an enemy alien, or”.

Lease of land to enemy aliens forbidden.

2. Regulation 5 of the National Security (Land Transfer) Regulations is amended—

(a) by omitting from paragraph (a) the word “or”; and

(b) by inserting after that paragraph the following paragraph:—

“(aa)a lease of land to an enemy alien the term of which is to commence more than twelve months after the date of the contract or agreement; or”.

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

Option for purchase of land by enemy aliens forbidden.

“6a. A person shall not grant to an enemy alien an option for the purchase of any land.”.

 

* Notified in the Commonwealth Gazette on , 1941.

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

1414.—6/13.5.1941.—Price 3d.

Transfer of land to certain persons forbidden without consent.

4. Regulation 7 of the National Security (Land Transfer) Regulations is amended by inserting after the word “not” the words “make a gift of land to a naturalized person of enemy origin or a subject of a country in enemy occupation, or”.

Lease of land to certain persons forbidden without consent.

5. Regulation 8 of the National Security (Land Transfer) Regulations is amended—

(a) by omitting from paragraph (a) the word “or”; and

(b) by inserting after that paragraph the following paragraph:—

“(aa)a lease of land to a naturalized person of enemy origin or a subject of a country in enemy occupation the term of which is to commence more than twelve months after the date of the contract or agreement; or”.

6. After regulation 9 of the National Security (Land Transfer) Regulations the following regulation is inserted:—

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

“9a. A person shall not grant to a naturalized subject of enemy origin or a subject of a country in enemy occupation an option for the purchase of any land, unless the consent in writing of the Attorney-General has first been obtained.”.

Mortgage to secure balance of purchase money.

7. Regulation 12 of the National Security (Land Transfer) Regulations is amended by omitting paragraph (a) and inserting in its stead the following paragraph:—

“(a)the giving or taking of a mortgage of any land or of any estate or interest in land where that land, estate or interest has been sold by 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, and the mortgage is to secure the balance of the purchase money; or”.

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

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

“13a. Where a contract, agreement or transaction (not being a contract, agreement or transaction referred to in regulations 4, 5, 6 or 6a of these Regulations) 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 an application for the consent of the Attorney-General is made within three months after the date of commencement of this regulation or the date of the contract, agreement, transaction, or instrument, whichever is the later, but the contract, agreement, transaction or instrument shall not have any effect unless the Attorney-General gives his consent thereto.”

Applications for Attorney-General’s consent.

9. Regulation 15 of the National Security (Land Transfer) Regulations is amended by omitting from sub-regulation (1) the words “or encumbrance” and inserting in their stead the words “, encumbrance or option”.

Transactions to which companies are parties.

10. Regulation 16a of the National Security (Land Transfer) Regulations is amended by inserting after the figure “9” the figure and letter “, 9a”.

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

11. Regulation 17 of the National Security (Land Transfer) Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulations:—

“(1.) 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 the thirty-first day of December, 1941.

“(1a.) Where, prior to the date on which an order under regulation 2 of these Regulations declaring a country to be wholly or in part in the occupation of a Power with which His Majesty is at war is published in the Gazette after the commencement of this sub-regulation, any contract or agreement has been entered into which, if it had been entered into on or after the date on which that order was published in the Gazette, 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 the order was published in the Gazette.

“(1b.) Where the Attorney-General has given his consent to the execution of an instrument to give effect to a contract or agreement and, by reason of circumstances arising after the date of the consent, some other instrument is necessary to give effect to the contract or agreement, the Attorney-General may give his consent to the execution of that other instrument notwithstanding that an application therefor was not made before the date specified in sub-regulation (1.) of this regulation or within the period specified in sub-regulation (1a.) of this regulation, as the case may be.”.

12. After regulation 17 of the National Security (Land Transfer) Regulations the following regulation is inserted:—

Revocation of consent.

“18.—(1.) The Attorney-General may call upon any person to whom consent has been given under these Regulations to show cause why that consent should not be revoked on the ground—

(a)that a false or misleading statement has been made in connexion with the application for consent; or

(b) that all the material facts in connexion with the transaction, or with the execution of the instrument, to which consent was given were not submitted to the Attorney-General.

“(2.) Where the Attorney-General calls upon any person to show cause under the last preceding sub-regulation, that person shall forthwith forward the form of consent to the Attorney-General and shall not enter into the transaction, or execute the instrument, to which the consent relates until the Attorney-General has determined whether or not the consent shall be revoked.

“(3.) Unless cause is shown to the Attorney-General why the consent should not be revoked the Attorney-General may revoke the consent, which shall thereupon, for the purposes of these Regulations, be deemed not to have been obtained.”.

13. Regulation 19 of the National Security (Land Transfer) Regulations is amended by adding at the end thereof the following sub-regulations:—

Registrar of Titles may require evidence.

“(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 before whom a statutory declaration may be made, 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.

“(3.) A person shall not sign any such indorsement which contains a false or misleading statement.”.

 

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