STATUTORY
RULES.
1940. No. 141.
––––––
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 July,
1940.
Governor-General.
By His Excellency’s Command,
for and on behalf of the
Minister of State for Defence Co-ordination.
National Security (Land Transfer) Regulations.
Citation.
1. These Regulations may
be cited as the National Security (Land Transfer) Regulations.
Definitions.
2. In these Regulations,
unless the contrary intention appears—
“enemy
alien” means a subject of a country with which His Majesty is at war;
“naturalized
person of enemy origin” means a person who having been a subject of Germany,
Austria or Italy, 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
includes the wife of any such naturalized person;
“subject
of a country in enemy occupation” means a subject of a country which the
Attorney-General, by order published in the Gazette,
declares to be wholly or in part in the occupation of a Power with which
His Majesty is at war.
Widow
of enemy alien who was natural-born British subject.
3. For
the purposes of these Regulations, a woman who is the widow of an enemy alien
and who prior to marriage was a natural-born British subject, shall be deemed
to be a naturalized person of enemy origin.
*
Notified in the Commonwealth Gazette on ,
1940.
4448.—20/19.7.1940.—Price
3d.
Transfer
of land to enemy aliens forbidden.
4. A person shall not
enter into a contract or agreement for the sale of land to an enemy alien or
providing for the acquisition, in any contingency, by an enemy alien of a
freehold or perpetual leasehold title to any land.
Lease
of land to enemy aliens forbidden.
5. A person shall not
enter into any contract or agreement for—
(a) a lease of land to an enemy alien for a term of more than five years; or
(b) the assignment to an enemy alien of a
lease of land of which a period of more than five years is unexpired.
Mortgage
or encumbrance of land to or by enemy aliens forbidden.
6. An enemy alien shall
not give, and a person shall not take from an enemy alien, a mortgage or an
encumbrance of any land or of a leasehold estate or interest in land under a
lease of which a period of more than five years is unexpired.
Transfer
of land to certain persons forbidden without consent.
7. A person shall not
enter into any contract or agreement for the sale of land to a naturalized
person of enemy origin or to a subject of a country in enemy occupation, or
providing for the acquisition in any contingency by any such person or subject
of a freehold or perpetual leasehold title to land, unless the consent in
writing of the Attorney-General has first been obtained.
Lease
of land to certain persons forbidden without consent.
8. A person shall not
enter into any contract or agreement for—
(a) a lease of land to a naturalized
person of enemy origin or to a subject of a country in enemy occupation for a
term of more than five years; or
(b) the assignment to a naturalized
person of enemy origin or to a subject of a country in enemy occupation of a
lease of land of which a period of more than five years is unexpired,
unless
the consent in writing of the Attorney-General has first been obtained.
Mortgage
or encumbrance of land to certain persons forbidden without consent.
9. A naturalized person of
enemy origin or a subject of a country in enemy occupation shall not give, and
a person shall not take from any such person or subject, a mortgage or
encumbrance of any land or of a leasehold estate or interest in land under a lease
of which a period of more than five years is unexpired, unless the consent in
writing of the Attorney-General has first been obtained.
Transactions
in declared districts forbidden without consent.
10.—(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 sale to a person whose father
is or was an enemy alien of any land in a district in relation to which this
regulation applies;
(b) providing for the acquisition in any
contingency by any such person of a freehold title or perpetual leasehold title
to land in any such district;
(c) for a lease to any such person for a
term of more than five years of land in any such district; or
(d)for the assignment to any such person of a lease of land in any such
district of which a period of more than five years is unexpired,
unless
the consent of the Attorney-General in writing has first been obtained.
(3.) A person whose father is or
was an enemy alien shall not give, and a person shall not take from any such
person, a mortgage or encumbrance of land in any such district or of a
leasehold estate or interest in land in any such district under a lease of
which a period of more than five years is unexpired, unless the consent in
writing of the Attorney-General has first been obtained.
Renewal
of lease deemed to be part of original lease.
11. Where
any contract or agreement for the lease of land contains a provision enabling
the lease to be renewed for any period upon the expiration of the original term
of the lease, the period for which the lease may be so renewed shall, for the
purposes of these Regulations, be deemed to be part of the lease.
Mortgages
to secure balance of purchase money.
12. Nothing in these
Regulations shall prevent—
(a)the giving or taking of a mortgage to secure the balance of purchase money
of land or of any estate or interest in land sold by an enemy alien, a
naturalized person of enemy origin or a subject of a country in enemy
occupation; or
(b)the re-conveyance of land or of an estate or interest in land to an enemy
alien, a naturalized person of enemy origin or a subject of a country in enemy
occupation, upon discharge of a mortgage thereon.
Contracts
in contravention of Regulations void.
13. Any contract, agreement
or other transaction entered into, and any instrument executed, in
contravention of these Regulations shall be void and of no effect:
Provided that this regulation shall
not apply to a contract, agreement or transaction entered into in contravention
of regulation 7, 8, 9 or 10 of these Regulations, or to an instrument executed
in contravention of regulation 17 of these Regulations, where the
Attorney-General in writing declares that he is satisfied that the
contravention was due to inadvertence and subsequently gives his consent to the
contract, agreement or transaction, or the execution of the instrument.
Certain
persons may be declared to be naturalized persons of enemy origin.
14. Where, in the case of
any person whose father was or is an enemy alien, a naturalized person of enemy
origin or a subject of a country in enemy occupation, the Attorney-General, by
order published in the Gazette, declares
that there is, in his opinion, good reason to believe that that person is
disloyal or that it is desirable that these Regulations should apply to him,
the provisions of these Regulations shall apply in relation to that person as
if he were a naturalized person of enemy origin.
Applications
for Attorney-General’s consent.
15.—(1.) An application for
the consent of the Attorney-General under these Regulations shall be made in
writing to the Attorney-General and shall be accompanied by a statutory
declaration giving full particulars of the name, address, date and place of
birth, parentage and occupation of the person making the application, and
setting out the
area,
situation and value of the land, full particulars of the proposed contract,
agreement, mortgage or encumbrance, and such other information as the
Attorney-General requires, and the grounds upon which the application for the
consent of the Attorney-General is based.
(2.) The Attorney-General may,after making such further inquiry (if
any) as he thinks fit, in his absolute discretion grant or refuse consent to
the application.
Transactions
on behalf of enemy subjects.
16. Any provision of these
Regulations which prohibits, either absolutely or without consent, any
transaction to which an enemy alien, a naturalized person of enemy origin or a
subject of a country in enemy occupation, is a party, shall extend to prohibit,
to the same extent, any transaction to which a person acting for or on behalf
of any such person or subject is a party.
Provisions
relating to contracts entered into prior to commencement of Regulations.
17. 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.
Returns.
18.—(1.) Every enemy alien,
naturalized person of enemy origin, or subject of a country in enemy
occupation, who has, on or after the third day of September, 1939, and prior to
the commencement of these Regulations, acquired any land, any perpetual
leasehold title to land or any leasehold estate or interest in land under a
lease for a period of more than five years, shall furnish particulars thereof
in writing, within such period, in such manner, and in accordance with such
form, as the Attorney-General, by order published in the Gazette, directs.
(2.) A person shall not furnish any
such particulars which are false in any material respect.
Registrar
of Titles may require evidence.
19. The Registrar of Titles
or other proper officer of any State or Territory of the Commonwealth may, upon
submission to him, for registration in accordance with the laws of the State or
Territory, of any instrument relating to a transaction in connexion with any
land, require such evidence as he deems necessary 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, and may refuse to register the instrument until such
evidence is submitted to him.
By
Authority: L.F. Johnston,
Commonwealth Government Printer, Canberra.