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

STATUTORY RULES.

1944. No. 43.

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REGULATION UNDER THE NATIONAL SECURITY ACT 1939-1943.*

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 1939-1943.

Dated this twenty-fifth day of February, 1944.

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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Amendment of the National Security (Supplementary)

Regulations. 

Winding-up of certain companies may be postponed.

Regulation 119‡ of the National Security (Supplementary) Regulations is amended—

(a) by inserting after sub-regulation (1.) the following sub-regulation:—

“(1a.) The Minister may, by notice in the Gazette, revoke any declaration under the last preceding sub-regulation.”;

(b)by omitting from sub-regulation (2.) the words “the last preceding sub-regulation” and inserting in their stead the words “sub-regulation (1.) of this regulation”; and

(c) by inserting after sub-regulation (2.) the following sub-regulation:—

“(2a.) Where any such proceedings have been suspended the company shall, by force of this regulation, be entitled during the period of suspension, and shall at all times be deemed to have been entitled during the period of suspension—

(a) to enter into any transaction with respect to the property of the company;

 

* Notified in the Commonwealth Gazette on 28th February, 1944.

Statutory Rules 1940, No. 126, as amended to date. For previous National Security (Supplementary) Regulations, see footnote   to Statutory Rules 1944, No. 2, and see also Statutory Rules 1944, No. 5.

‡ See Statutory Rules 1944, No. 2.

1321.—Price 3d.

 

(b) to deal with the property of the company;

(c) to make or receive any payment; and

(d) to do any other act in relation to the property of the company,

as if a petition for the winding-up of the company had not been filed, and no such transaction, dealing, payment or other act shall be void or voidable by reason only that it was entered into, done, made or received—

(e) after a petition for the winding-up of the company had been filed; or

(f) at a time when the company was unable to pay its debts as they became due out of its own money,

and no director or other officer of the company shall be under any liability in respect of any such transaction, dealing, payment or other act.”.

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By Authority: L. F.