National Security (War Damage to Property) Regulations (Amendment) (Cth)

STATUTORY RULES.

1948. No. 126.

––––––––––

REGULATIONS UNDER THE DEFENCE (TRANSITIONAL PROVISIONS) ACT 1946-1947.*

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 Defence (Transitional Provisions) Act 1946-1947.

Dated this twenty-ninth day of September, 1948.

W. J. McKell

Governor-General.

By His Excellency’s Command,

J. B. CHIFLEY

for and on behalf of the Minister of State for Post-war Reconstruction.

––––––––

Amendments of the National Security (War Damage to Property) Regulations. 

Commencement.

1. These Regulations shall come into operation on the first day of October, 1948.

2. After regulation 2 of the National Security (War Damage to Property) Regulations the following regulations are inserted:—

Transfer of administration from Commission to Treasurer.

“ 2a.—(1.) On the date of commencement of this regulation, the Commission shall be dissolved.

“ (2.) On and after the date of commencement of this regulation—

(a) the property, rights, powers, functions, duties, obligations and liabilities of the Commission, whether arising or existing under these Regulations or otherwise, shall be vested in, and imposed on, the Treasurer ;

(b) all legal proceedings instituted by or against the Commission and pending or incomplete immediately prior to that date may be continued or completed by or against the Treasurer, and the Treasurer shall be deemed to be substituted for the Commission as a party to those proceedings ;

(c) in any contract, agreement or other instrument to which the Commission was a party, any reference to the Commission shall be read as a reference to the Treasurer ;

(d) in relation to things done or omitted to be done, or required or permitted to be done, after that date—

(i) references in these Regulations to the Commission or a member of the Commission shall be read as references to the Treasurer ;

* Notified in the Commonwealth Gazette on 29th September, 1948.

  Being the Regulations having that title as in force under the Defence (Transitional Provisions) Act 1946-1947. The Regulations under the National Security Act 1939-1946 having the corresponding title comprise Statutory Rules 1946, No. 176. These Regulations were amended by Statutory Rules 1947, No. 151; and 1948, No. 114.

5415.—Price 3d.

 

(ii) references in these Regulations to the seal of the Commission shall be read as references to the signature of the Treasurer ; and

(iii) a reference in these Regulations to an office of the Commission in a city shall be read as a reference to the office of the Treasury in that city.

Delegation by Treasurer.

“ 2b.—(1.) The Treasurer may, in relation to any matter or class of matters, or in relation to any particular State, Territory or locality, by writing under his hand, delegate to any person such of his powers and functions under these Regulations (other than this power of delegation) as he thinks fit, so that the delegated powers and functions may be exercised and performed by the delegate with respect to the matters or class of matters, or the State, Territory or locality, specified in the instrument of delegation.

“ (2.) Every such delegation shall be revocable at will, and no such delegation shall prevent the exercise or performance of any power or function by the Treasurer himself”.

Definitions.

3. Regulation 4 of the National Security (War Damage to Property) Regulations is amended by omitting from the definition of “ the Commission ” in sub-regulation (1.) the words “ the War Damage Commission ” (first occurring) and inserting in their stead the words “, subject to regulation 2aof these Regulations, the War Damage Commission formerly ”.

Repeal of certain regulations.

4. Regulations 8, 9, 10, 11, 12 and 13 of the National Security (War Damage to Property) Regulations are repealed.

Report to Parliament.

5. Regulation 18 of the National Security (War Damage to Property) Regulations is repealed.

6. Regulation 22 of the National Security (War Damage to Property) Regulations is repealed and the following regulation inserted in its stead:—

Power to write off irrecoverable debts.

“ 22. The Treasurer may at any time write off any sum of money due under these Regulations or the repealed regulations which he is satisfied is irrecoverable”.

Recovery of compensation, &c.

7.Regulation 40 of the National Security (War Damage to Property) Regulations is amended by inserting in sub-regulation (4.), after the word “ Commonwealth ”, the words “ or a Territory under the authority of the Commonwealth ”.

Treatment of moneys paid into Account.

8. Regulation 48 of the National Security (War Damage to Property) Regulations is amended by omitting sub-regulation (7.).

Appointment of arbitrator, &c.

9. Regulation 55 of the National Security (War Damage to Property) Regulations is amended by omitting from sub-regulation (4.) the words “ appointed by the Treasurer ” and inserting in their stead the words “ agreed on by the two arbitrators or, in default of their agreement within a reasonable time, appointed by the Treasurer ”.

 

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