STATUTORY RULES.
1943. No. 306.
REGULATIONS 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 Regulations
under the National Security Act 1939-1943.
Dated
this seventeenth day of December, 1943.
(SGD.)
GOWRIE.
Governor-General.
By His Excellency’s Command,
for and on behalf of the
Minister of State for Defence.
National Security (War Damage to Property—Extension of
Contribution Period) Regulations.
Citation.
1. These Regulations may be
cited as the National Security (War Damage to Property—Extension of
Contribution Period) Regulations.
Commencement.
2. These Regulations shall
commence on the first day of January, 1944, and shall continue in operation
until the thirty-first day of December, 1944.
Definitions.
3. In these Regulations,
unless the contrary intention appears—
“the
contribution period” means the
contribution period or the first contribution period (as the case may be)
referred to in regulation 5 of these Regulations, as extended by that
regulation;
“the
Principal Regulations” means the
National Security (War Damage to Property) Regulations being Statutory Rules
1942, No. 79, as amended by Statutory Rules 1942, Nos. 222 and 494 and
Statutory Rules 1943, Nos. 88, 254 and 278;
*
Notified in the Commonwealth Gazette on ,
1943.
7176.—Price
5d. 25/9.11.1943.
“the
year 1943” means the twelve
calendar months which commenced on the first day of January, 1943, and ended on
the thirty-first day of December, 1943;
“the
year 1944” means the twelve
calendar months commencing on the first day of January, 1944, and ending on the
thirty-first day of December, 1944.
Principal
Regulations to be read subject to these Regulations.
4. The Principal
Regulations shall, during the continuance of these Regulations, be read subject
to the provisions of these Regulations.
Extension
of contribution period.
5. Notwithstanding anything
contained in regulation 27 of the Principal Regulations—
(a) the contribution period which
commenced on the first day of January, 1943, shall continue until and end on
the thirty-first day of December, 1944; and
(b) the first contribution period to
which the Principal Regulations apply in respect of any person to whom
sub-regulation (1.) of regulation 26 of the Principal Regulations commences to
apply after the first day of January, 1943, and before the thirty-first day of
December, 1944, shall be the period commencing on the date on which the said
sub-regulation so commences to apply and ending on the thirty-first day of
December, 1944.
Plant
exceeding £1.000 in value.
6. Where any person who
during the year 1943 owned plant which, together with all other plant owned by
him exceeded One thousand pounds in value and duly complied with the provisions
of the Principal Regulations in respect of that plant, continues to own that
plant or acquires additional plant during the year 1944, that person shall be
deemed to have complied with the provisions of the Principal Regulations in
respect of that plant and additional plant until the expiration of the
contribution period without making any further returns under regulation 16 of
the Principal Regulations and without paying any further contributions under
Part VI. of the Principal Regulations.
Plant
not exceeding £1,000 in value.
7. Where any person who,
during the year 1943, was the owner of plant which, together with all other
plant owned by him did not exceed One thousand pounds in value, made
application and duly paid contributions for the contribution period in respect
of that plant under Part VIII. of the Principal Regulations, and that person,
during the year 1944, continues to own that plant or acquires additional plant,
then, without any further application being made or the payment of any further
contribution under the Principal Regulations, that additional plant shall be
deemed to have been brought within the provisions of the Principal Regulations
as if it had been part of the plant in respect of which that person made
application and paid contributions during the year 1943, and that person shall
be deemed to have made application and paid all contributions in respect of the
plant and additional plant for the contribution period:
Provided that if the total value of
the plant hereinbefore referred to at any time during the contribution period
exceeds One thousand pounds, then the provisions of Part VIII. of the Principal
Regulations
shall
thereupon cease to apply to that plant and the owner of that plant shall,
without making any return under Part IV. or paying any contribution under Part
VI. of the Principal Regulations, be deemed to have complied with the
provisions of those Parts in respect of that plant and additional plant until
the expiration of the contribution period.
Stock
exceeding £1,000 in value.
8. Where any person who,
during the year 1943, owned stock which, together with all other stock owned by
him exceeded One thousand pounds in value, and duly complied with the
provisions of the Principal Regulations in respect of that stock, continues to
own that stock or acquires additional stock during the year 1944, that person
shall be deemed to have complied with the provisions of the Principal
Regulations in respect of that stock and additional stock until the expiration
of the contribution period without making any further returns under regulation
17 of the Principal Regulations and without paying any further contributions
under Part VI. of the Principal Regulations.
Stock
not exceeding £1,000 in value.
9. Where any person who,
during the year 1943, was the owner of stock which, together with all other
stock owned by him, did not exceed One thousand pounds in value made
application and duly paid contributions for the contribution period in respect
of that stock under Part VIII. of the Principal Regulations and that person,
during the year 1944, continues to own that stock or acquires additional stock,
then, without any further application being made or the payment of any further
contribution under the Principal Regulations, that additional stock shall be
deemed to have been brought within the provisions of the Principal Regulations
as if it had been part of the stock in respect of which that person made
application and paid contributions during the year 1943, and that person shall
be deemed to have made application and paid all contributions in respect of the
stock and additional stock for the contribution period:
Provided
that if the value of the stock hereinbefore referred to at any time during the
contribution period increases to an amount exceeding One thousand pounds then
the provisions of Part VIII. of the Principal Regulations shall thereupon cease
to apply to that stock and the owner of that stock shall, without making any
return under Part IV. or paying any contribution under Part VI. of the
Principal Regulations, be deemed to have complied with the provisions of those
Parts in respect of that stock and additional stock until the expiration of the
contribution period.
Live-stock,
agricultural fencing, &c.
10. Where any person who,
during the year 1943, was the owner of any live-stock, agricultural fencing,
growing trees or vines, made application and duly paid contributions for the
contribution period in respect of that live-stock, agricultural fencing, growing
trees or vines, as the case may be, under Part VIII. of the Principal
Regulations, and that person continues to own that live-stock, agricultural
fencing, growing trees or vines, or acquires, during the contribution period,
additional live-stock, agricultural fencing, growing trees or vines, then,
without any further application being made or the payment of any further
contribution under the Principal Regulations, that additional
live-stock,
agricultural fencing, growing trees or vines, as the case may be, shall be
deemed to have been brought within the provisions of the Principal Regulations
as if it had been part of the live-stock, agricultural fencing, growing trees
or vines, in respect of which that person made application and paid
contributions during the year 1943 and that person shall be deemed to have made
application and paid all contributions in respect of that live-stock,
agricultural fencing, growing trees or vines and additional live-stock,
agricultural fencing, growing trees or vines for the contribution period.
Growing
crops.
11. Where any person, being
the owner of a growing crop made application and duly paid contributions under
Part VIII. of the Principal Regulations in respect of that growing crop for any
contribution period (as defined in regulation 48 of those Regulations) which
commenced during the year 1943 and that person is, during the year 1944, the
owner of any other growing crop or crops then, without any application being
made or the payment of any contribution pursuant to Part VIII. of the Principal
Regulations, each and every one of those growing crops shall be deemed to have
been brought within the provisions of the Principal Regulations at its full
value and shall be deemed so to remain within the provisions of those
Regulations until such time as it ceases to be a growing crop.
Wool
in possession of wool-selling broker.
12. Any wool which is in the
possession of a wool-selling broker during the year 1944 shall be deemed to
have been brought within the provisions of the Principal Regulations without
any returns being made, and, in the case of any such wool which is appraised
during the year 1944, without payment of any contribution pursuant to the
provisions of Part IX. of those Regulations.
Wool
which has not passed into possession of wool-selling broker.
13. Where any person owned
wool during the year 1943 in respect of which the contributions were made or
agreed to be made by a wool-selling broker in accordance with the provisions of
regulation 52a of the Principal
Regulations, then all wool, other than wool which has passed into the
possession of a wool-selling broker, owned by that person during the year 1944
shall be deemed to have been brought within the Principal Regulations in
accordance with the provisions of regulation 52a
of those Regulations without any further application or returns being
made, and no contribution shall be payable in respect of any such wool which is
appraised during the year 1944.
Regulation
49a not to apply in certain cases.
14. The provisions of
regulation 49a of the Principal
Regulations shall not apply to the assessment or recording of war damage which,
during the year 1944, occurs to any plant, stock, growing crops, livestock,
agricultural fencing, growing trees or vines which was or were brought within
the provisions of the Principal Regulations in pursuance of Part VIII. of those
Regulations for the contribution period which commenced on the first day of
January, 1943.
Modification
of regulation 35.
15. During the continuance
of these Regulations regulation 35 of the Principal Regulations shall be read
as if the following additional proviso were added at the end thereof:—
“Provided further that,
in the absence of any agreement to the contrary between the transferor and
transferee, any transfer which takes place during the year 1944 of fixed
property which was in existence
on
the thirty-first day of December, 1943, shall, for the purposes of the last
preceding proviso, be deemed to take place on the thirty-first day of December,
1944.”
Contributions
falling due in 1944.
16. Notwithstanding the
provisions of sub-regulations (1.) and (3.) of regulation 28 of the Principal
Regulations, where any contribution payable under the Principal Regulations for
any contribution period which ends on the thirty-first day of December, 1944,
in respect of any fixed property, private chattels, plant, stock, live-stock,
agricultural fencing, growing trees or vines, or wool (other than a
contribution in respect of fixed property which was in existence prior to the
first day of January, 1944, or a contribution assessed by the Commission
pursuant to regulation 29 of the Principal Regulations in respect of plant or
stock or a contribution payment of which is made under the provisions of
sub-regulation (5.) of regulation 45 of the Principal Regulations) becomes due
and payable during the year 1944, or where any contribution becomes payable in
respect of a growing crop for a contribution period which commences in the year
1944, and the person liable to pay that contribution pays to the Commission in
the manner required by the Principal Regulations an amount equal to one-fourth
of the amount of contribution properly payable calculated by reference to the
rates declared by the several Orders published in the Gazette on the twenty-third day of February, 1942, and on the ninth
day of June, 1942, respectively, and applicable to that fixed property, private
chattels, plant, stock, growing crops, live-stock, agricultural fencing,
growing trees or vines, or wool, then, for all the purposes of the Principal Regulations,
the total amount of such contribution shall be deemed to have been duly paid
and the receipt by the Commission of such one-fourth of the total amount
otherwise payable shall be a good and valid discharge to the person so paying
of his liability to pay the said total amount.
By
Authority: L. F. Johnston,
Commonwealth Government Printer, Canberra.