National Security (Supplementary) Regulations (Amendment) (Cth)

STATUTORY RULES.

1942. No. 62.

 

REGULATION 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 Regulation under the National Security Act 1939-1940.

Dated this thirteenth day of February, 1942.

(SGD.) GOWRIE

Governor-General.

By His Excellency’s Command,

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

 

Amendment of the National Security (Supplementary) Regulations.

Regulation 24 of the National Security (Supplementary) Regulations is repealed and the following regulation inserted in its stead:—

Deferment of banking business in certain circumstances.

“24.—(1.) Where the Treasurer is satisfied that, by reason of any warlike operations or the evacuation of any area, any banker is unable to carry on business at any place, the Treasurer may, by order, provide that that banker shall not be, or be deemed to have been, under any obligation—

(a) to make, at that place, any payments which, but for the order, he would be, or would have been, required to make at that place on or after a date (which may be a date prior to the date of the making of the order) specified in the order and until a date specified by the same order or to be specified by a subsequent order; or

(b) to carry on, at that place, on or after a date (which may be a date prior to the date of the making of the order) specified in the order and until a date specified by the same order or to be specified by a subsequent order, all or any of the classes of business carried on by that banker at that place immediately prior to the first-mentioned date.

 

* Notified in the Commonwealth Gazette on , 1942.

  Statutory Rules 1940, No. 126, as amended by Statutory Rules 1940, Nos. 151. 169, 213, 228, 233, 245 and 257; 1941. Nos. 75, 88, 100, 140, 197, 200, 222, 249, 296, 297, 303, 314, 318, 320 and 323; and 1942, Nos. 16, 20, 21, 36, 40 and 50.

1067—25/10.2.1942.—Price 3d.

 

“(2.) Where an order is made under the last preceding sub-regulation—

(a) the banker may make at some other place in Australia any payment which, but for the order, he would be, or would have been, required to make at the place at which the banker is unable to carry on business; and

(b) the Treasurer may, by the same or a subsequent order, provide that, after a date specified in the order, or after such later date as, in any particular case, the Treasurer fixes—

(i) the banker shall be under an obligation to make, at some other place in Australia specified in the order, the payments which, but for the order, he would be, or would have been, required to make at the place at which the banker is unable to carry on business; and

(ii) any bill of exchange or promissory note payable at a place of business of a banker at which he is unable to carry on business shall be deemed to be payable at the place of business of the banker at some other place in Australia specified in the order.

“(3.) Any order under this regulation—

(a) shall be subject to such conditions (if any) as are specified in the order; and

(b) may contain such incidental and supplementary provisions as appear to the Treasurer to be necessary or expedient for the purposes of the order.

“(4.) Where any order under this regulation provides that a banker shall not be, or be deemed to have been, under an obligation to make at any place any payments which, but for the order, he would be, or would have been, required to make at that place, every day in respect of which that order has effect shall be deemed to be, or to have been, a non-business day at that place for the purposes of any law relating to bills of exchange and promissory notes, so far as regards bills of exchange and promissory notes payable by that banker at that place on any such day.

“(5.) Where any banker makes any payment which he is authorized or obliged to make by or under sub-regulation (2.) of this regulation, he shall not incur any liability by reason of his making payment accordingly.”.

 

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