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

STATUTORY RULES.

1945. No. 4.

 

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1943.*

I, THE ADMINISTRATOR of the Government of 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 tenth day of January, 1945.

W. DUGAN

Administrator.

By His Excellency’s Command,

J. B. CHIFLEY

for and on behalf of the Minister of State for Defence.

 

Amendments of the National Security (War Damage to Property)

Regulations.  

Commencement.

1.—(1.)These Regulations (other than paragraph (f) of regulation 3) shall be deemed to have come into operation on the first day of January, 1945.

(2.) Paragraph (f) of regulation 3 of these Regulations shall be deemed to have come into operation on the thirteenth day of November, 1942.

Parts.

2. Regulation 3 of the National Security (War Damage to Property) Regulations is amended—

(a) by omitting the words—

“Part VI.—Contributions.” and

(b) by omitting the words—

“Part VIII.—Voluntary Participation.

Part IX.—Wool awaiting Appraisement.”.

 

* Notified in the Commonwealth Gazette on 11th January, 1945.

  Statutory Rules 1942, No. 79, as amended by Statutory Rules 1942, Nos. 222 and 294; and 1943, Nos. 88, 254 and 278.

7705.—Price 8d.

 

Definitions.

3. Regulation 4 of the National Security (War Damage to Property) Regulations is amended—

(a) by inserting in sub-regulation (1.), after-the definition of “court of competent jurisdiction”, the following definition:—

“‘evacuated area’ means any of the following areas:—

(a) The Territories of Papua and New Guinea, all of that area in the State of Queensland north of the 12th parallel of south latitude, all of that area in the Northern Territory north of the 16th parallel of south latitude and all of that area in the State of Western Australia north of the 20th parallel of south latitude; and

(b) Any other area declared by the Treasurer, by notice published in the Gazette, to be, or to have been, an evacuated area for the purposes of these Regulations;”;

(b)by omitting from the definition of “stock” in that sub-regulation the words “live-stock, or wool in the possession of a wool-selling broker awaiting appraisement” and inserting in their stead the words “or live-stock”;

(c) by omitting from paragraph (c) of the definition of “war damage” in that sub-regulation the word “or” (last occurring);

(d) by adding at the end of that definition the following word and paragraph:—

“; or

(e) in relation to abandoned property in an evacuated area—

(i) depreciation in value as a direct result of its having been abandoned;

(ii) damage by fire; or

(iii) disappearance or loss in circumstances in which it cannot be traced into the possession of any person.”;

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

“(2a.) For the purposes of these Regulations, property shall be deemed to become or to have become abandoned when (whether before or after the commencement of this sub-regulation) the possession or control of the property is or was necessarily relinquished by the owner as a direct result of the existence of the present state of war, and shall be deemed to remain abandoned so long as the owner is prevented, as a direct result of the present state of war, from resuming possession or control of the property:

Provided that property shall not be, or be deemed to have been, abandoned property at any time during which the Commonwealth, or any authority of the Commonwealth, has or had the possession thereof whether as a result of requisition, impressment, hiring or otherwise.”;

 

(f) by omitting sub-regulation (3a.);

(g) by omitting paragraph (a) of sub-regulation (5.); and

(h)by omitting from sub-regulation (5.) the words “other than regulation 49” and inserting in their stead the words “other than sub-regulations (2.), (3.) and (4.) of regulation 38a, and regulation 38b”.

4. After regulation 5 of the National Security (War Damage to Property) Regulations the following regulation is inserted in Part I.:—

Expropriated property in New Guinea.

“5a.—(1.) In this regulation, unless the contrary intention appears—

‘Custodian’ means the Custodian of Expropriated Property appointed under Part II. of the Treaty of Peace Regulations;

‘property’ means any property (including any goods) which is being purchased under a contract made by virtue of the Treaty of Peace Regulations between a purchaser and the Custodian, the right, title and interest in which property remain vested in the Custodian by reason of the operation of sub-regulation (3.) of regulation 50d of the Treaty of Peace Regulations;

‘purchaser’ means a person who has entered into a contract with the Custodian by virtue of the provisions of the Treaty of Peace Regulations for the purchase of any property vested in the Custodian by or under those Regulations;

‘Treaty of Peace Regulations’ means the Treaty of Peace Regulations made under the Treaty of Peace (Germany) Act 1919-1920.

“(2.) Notwithstanding anything contained in these Regulations, the purchaser of any property to which the provisions of these Regulations would have applied, or which would have been capable of being brought within the provisions of these Regulations under the regulations formerly included in Part VIII. thereof, but for the operation of paragraph (a) of sub-regulation (1.) of regulation 5 of these Regulations, may enter into an agreement with the Commission that the provisions of these Regulations shall apply to that property as if the purchaser were the owner thereof.

“(3.) Upon the making of such an agreement and the payment of any contribution required by this regulation to be paid in respect of the property the subject of the agreement, the provisions of these Regulations shall apply to that property and the provisions of these Regulations, as in force immediately before the commencement of this regulation, shall be deemed so to have applied from the date of commencement of these Regulations and, for that purpose—

(a) all contributions which would have been payable at any time if these Regulations had so applied shall be deemed to have been duly paid; and

(b) any application which could, but for the operation of paragraph (a) of sub-regulation (1.) of regulation 5 of these Regulations, have been made in respect of the property at any time under the regulation formerly included in these Regulations as regulation 45 thereof shall be deemed to have been duly made.

 

“(4.) Where, as a consequence of any such agreement, the provisions of these Regulations apply to any property, then, for all the purposes of these Regulations, the purchaser shall be deemed to be the owner of the property and the Custodian shall be deemed to be a mortgagee thereof for a debt equal to the amount of purchase money and interest remaining unpaid at any particular time.

“(5.) An agreement under this regulation may be entered into at any time during the continuance of these Regulations, and may be made notwithstanding that war damage to the property has already occurred, but, irrespective of the date on which the agreement is in fact made, the purchaser shall be liable to pay to the Commission as a contribution to the War Damage Fund an amount equal to the total contributions which would have become due and payable in respect of the property if these Regulations had applied to the property on and from the twenty-third day of February, 1942:

Provided that the amount payable under this sub-regulation shall be reduced by the amount of any contribution made in respect of the property before the making of the agreement.

“(6.) The existence of an agreement under this regulation in relation to any property shall, as against both the Commission and the purchaser, be presumed in every case where, whether before or after the commencement of this regulation, a contribution has been paid, a notice of the occurrence of war damage given, or a claim for compensation lodged, to or with the Commission by a purchaser in respect of that property unless, within three months after the commencement of this regulation, the purchaser notifies the Commission in writing that he objects to the application of this sub-regulation to his case.”.

Repeal of regulations relating to returns and contributions.

5.—(1.) Regulations 15, 16, 17, 18, 19a and Part VI. of the National Security (War Damage to Property) Regulations are repealed.

(2.) Notwithstanding the repeal of Part VI. of the National Security (War Damage to Property) Regulations effected by the last preceding sub-regulation—

(a) the Commission shall have power to cause to be made and served any assessment or amendment of any assessment of contribution for any contribution period up to and including the contribution period which ended on the thirty-first day of December, 1944, which it could have caused to be made and served had that Part remained in force, and any such contribution shall become due and payable as if that Part had not been repealed; and

(b) every person and authority shall, in relation to contributions for any such contribution period, have the same rights and powers, and be subject to the same obligations and liabilities, civil and criminal, which he would have had, or to which he would have been subject, if that Part had not been repealed.

Claims for compensation.

6.Regulation 37 of the National Security (War Damage to Property) Regulations is amended by omitting sub-regulation (2.).

 

7. The National Security (War Damage to Property) Regulations are amended by inserting after regulation 37 the following regulations:—

War damage to private chattels, &c., prior to 1st January, 1945.

“37a.—(1.) Where, between the first day of January, 1942, and the thirty-first day of December, 1944 (both dates inclusive) war damage has occurred to any private chattels, plant, stock, growing crop, growing trees or vines which are capable of bearing fruit of a kind used for human consumption or of producing rubber, live-stock or agricultural fencing, and that property had been brought within the provisions of these Regulations under the regulations formerly included in Part VIII. thereof for the contribution period in which the war damage occurred, the owner of, or any other person having any right, title or interest in, the property may, in such form and manner as the Commission determines, lodge with the Commission a claim for compensation under these Regulations.

“(2.) Where war damage has occurred to any property of the type specified in the last preceding sub-regulation between the dates therein specified and that property was situated in the Territory of Papua, the Territory of New Guinea, the Northern Territory, that part of Western Australia north of the twenty-second parallel of south latitude or that part of Queensland north of the twelfth parallel of south latitude and, although that property was, before the repeal of the regulations formerly included in Part VIII. of these Regulations, capable of being brought within the provisions of these Regulations under that Part, no application under that Part had been made in respect of the property up to the time of the occurrence of the war damage, the Commission may, if it thinks fit, permit such an application to be made after the war damage has occurred, notwithstanding that Part VIII. of these Regulations has been repealed, and, upon payment of the contributions which would have been properly payable for the contribution period during which the war damage occurred, had the application been made before the war damage occurred, and upon the Commission recording its acceptance of the application, it shall be deemed that—

(a) the application was made;

(b) the contributions were paid; and

(c) all other action required to be taken under these Regulations prior to the assessment of the war damage was taken,

before the occurrence of the war damage.

“(3.) Any claim lodged with the Commission before the commencement of this regulation for compensation for war damage to property specified in sub-regulation (1.) of this regulation shall be deemed to have been duly lodged in pursuance of this regulation.

War damage to private chattels, &c., on or after 1st January, 1945.

“37b.—(1.)Where, on or after the first day of January, 1945, war damage occurs to any private chattels, plant, stock, growing crop, growing trees or vines which are capable of bearing fruit of a kind used for human consumption or of producing rubber, live-stock or agricultural fencing, and that property was, before the repeal of the regulations formerly included in Part VIII. of these Regulations, capable of being brought within the provisions of these Regulations under that Part, or would have been so capable if it had been in existence prior to the thirty-first day of December, 1944 (whether or

 

not it was in fact so brought within the provisions of these Regulations), the owner of, or any other person having any right, title or interest in, such property may, in such form and manner as the Commission determines, lodge with the Commission a claim for compensation under these Regulations.

“(2.) In relation to property as defined in regulation 5a of these Regulations, this regulation shall apply as if paragraph (a) of sub-regulation (1.) of regulation 5 of those Regulations had never been in operation.

Time for lodging claims.

“37c.—(1.) Subject to this regulation, the Commission shall not be bound to consider any claim for compensation which is not or was not lodged with it within twenty-eight days after the occurrence of the war damage.

“(2.) The last preceding sub-regulation shall not apply to any claim—

(a) in respect of war damage specified in paragraph (e) of the definition of ‘war damage’ in regulation 4 of these Regulations; or

(b) in respect of war damage to property which has been brought within the provisions of these Regulations after the occurrence of the war damage to which the claim relates.”.

Assessment and recording of war damage.

8. Regulation 38 of the National Security (War Damage to Property) Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “the last preceding regulation” and inserting in their stead the words and figures “regulation 37, 37a, 37b or 37c of these Regulations”;

(b) by omitting from that sub-regulation the words “that regulation” and inserting in their stead the words “any of those regulations”; and

(c) by omitting sub-regulation (3.) and inserting in its stead the following sub-regulation:—

“(3.) For the purposes of this regulation, private chattels, growing crops, growing trees or vines, live-stock and agricultural fencing shall be deemed to be plant.”.

9. After regulation 38 of the National Security (War Damage to Property) Regulations the following regulations are inserted:—

Limits of compensation in respect of private chattels under regulation 37a.

“38a.—(1.) The amount of compensation assessed and recorded in respect of any claim made under regulation 37a of these Regulations shall not exceed the value in respect of which contributions were paid for the contribution period in which the war damage occurred.

“(2.) The total of the amount of compensation assessed and recorded in respect of any claim made under regulation 37a of these Regulations for war damage to private chattels by any one person in his own right, and the amount assessed and recorded in respect of any other claim or claims, under regulation 37a or 37b of these Regulations, for war damage to private chattels made by that person in his own right, shall not exceed Ten thousand pounds.

 

“(3.) Except in the case of a vehicle propelled by a means other than human or animal power, a ship or boat, or a musical instrument, the maximum compensation assessed and recorded in respect of any one chattel comprised in a claim for war damage to private chattels made under regulation 37a of these Regulations shall be—

(a) Fifty pounds; or

(b) an amount equal to five per centum of the value for which the private chattels were brought under these Regulations,

whichever is the greater, but not in any case exceeding Five hundred pounds.

“(4.) Without limiting the application of the last preceding sub-regulation, where there are included in any private chattels which have been brought under the operation of these Regulations any work of art, gold or silver plate, jewellery, precious or semi-precious stones, furs for human wear, objects of historical or scientific interest, curiosities, stamp collections, books or printed publications, or manuscripts, the amount of compensation assessed and recorded in respect of a claim for compensation for war damage made under regulation 37a of these Regulations in respect of any or all of such goods shall not in the aggregate exceed—

(a) One hundred pounds; or

(b) an amount equal to twenty per centum of the value for which the private chattels, of which those goods form part, were brought under the Regulations,

whichever is the greater, but not exceeding in any case Two thousand pounds.

Limits of compensation in respect of private chattels under regulation 37b.

“38b.—(1.) The total of the amount of compensation assessed and recorded in respect of any claim made under regulation 37b of these Regulations for war damage to private chattels by any one person in his own right, and the amount assessed and recorded in respect of any other claim or claims under regulation 37a or 37b of these Regulations for war damage to private chattels made by that person in his own right, shall not exceed Ten thousand pounds.

“(2.) Except in the case of a vehicle propelled by a means other than human or animal power, a ship or boat, or a musical instrument, the maximum compensation assessed and recorded in respect of any one chattel comprised in a claim for war damage to private chattels made under regulation 37b of these Regulations shall be—

(a) Fifty pounds; or

(b) an amount equal to five per centum of the value of the whole of the private chattels owned by the claimant at the time when the war damage occurred,

whichever is the greater, but not in any case exceeding Five hundred pounds.

“(3.) Without limiting the application of the last preceding sub-regulation, where there are included in any private chattels to which regulation 37b of these Regulations applies any work of art, gold or

 

silver plate, jewellery, precious or semi-precious stones, furs for human wear, objects of historical or scientific interest, curiosities, stamp collections, books or printed publications, or manuscripts, the amount of compensation assessed and recorded in respect of a claim for compensation for war damage made under regulation 37b of these Regulations in respect of any or all of such goods shall not in the aggregate exceed—

(a) One hundred pounds; or

(b) an amount equal to twenty per centum of the value, of the whole of the private chattels owned by the claimant at the time when the war damage occurred,

whichever is the greater, but not exceeding in any case Two thousand pounds.

Assessment of certain war damage in evacuated areas.

“38c.—(1.) Notwithstanding anything contained in sub-regulation (1.), and paragraph (a) of sub-regulation (2.), of regulation 38 of these Regulations, but subject to any other provisions of these Regulations, the amount to be assessed and recorded—

(a) in respect of war damage specified in sub-paragraph (i) of paragraph (e) of the definition of ‘war damage’ in regulation 4 of these Regulations—shall be the amount by which the abandoned property has depreciated in value while it was abandoned and as a direct result of its having been abandoned;

(b) in respect of war damage specified in sub-paragraph (ii) of that paragraph—shall not exceed the amount remaining after deducting from the amount which would be assessed apart from this regulation the amount which the person claiming compensation has received or is entitled to receive in respect of that damage under any policy of insurance;

(c) in respect of war damage specified in sub-paragraph (iii) of that paragraph—shall be the value, at the time of abandonment, of the property which has disappeared or been lost; and

(d) in respect of war damage specified in any of the sub-paragraphs of that paragraph to a growing crop—shall not exceed the amount remaining after deducting from the value of the growing crop at the time of abandonment the value of any crop of the same product in existence, at the time when the abandonment ceases, on the land on which the first-mentioned crop was growing.”.

10. Regulation 39 of the National Security (War Damage to Property) Regulations is repealed and the following regulation inserted in its stead:—

Restoration of property, &c., affected by war damage.

“39.—(1.) The amount of compensation assessed and recorded under this Part shall not become payable until His Majesty ceases to be engaged in hostilities in the present war:

Provided that the Commission may, at any time, in its absolute discretion, in any case of distress, or where it is of the opinion that it

 

is necessary or desirable to do so in the interests of the defence of the Commonwealth or the efficient prosecution of the war, or in the public interest—

(a) out of the amount of compensation assessed and recorded, replace, restore or reinstate, to such extent as it thinks fit, the whole or any part of any property in respect of which compensation has been assessed and recorded; or

(b) pay to the person or persons entitled the whole or any part of the compensation assessed and recorded.

“(2.) Where the Commission notifies the owner of any property that it has decided to replace, restore or reinstate any property, the owner shall, at his own expense, produce and give to the Commission all such plans, documents, books and information in his possession relating to the property as the Commission requires.

“(3.) Compensation shall be payable at such place within the Commonwealth or its Territories as the Commission determines either generally or in respect of any case or class of cases.”.

Amendment of regulations 40, 43, 44 and 44A.

11. Regulations 40, 43, 44 and 44a of the National Security (War Damage to Property) Regulations are amended by omitting the words “fixed property, plant or stock” (wherever occurring) and inserting in their stead the word “property”.

Compensation recorded to bear interest.

12. Regulation 41 of the National Security (War Damage to Property) Regulations is amended—

(a) by omitting from the first proviso to sub-regulation (1.) the words “are payable by reason of regulation 32 of these Regulations” and inserting in their stead the words “were payable by reason of the regulation formerly included in these Regulations as regulation 32 thereof”; and

(b) by adding at the end of that sub-regulation the following proviso:—

“Provided also that, in the case of any compensation payable in respect of war damage as defined in subparagraph (e) of the definition of ‘war damage’ in regulation 4 of these Regulations, the interest on that compensation shall be calculated from the first day of July, 1943, until the end of the month preceding the making of the payment.”.

Repeal of Parts VIII. and IX.

13. Parts VIII. and IX. of the National Security (War Damage to Property) Regulations are repealed.

Prohibition against war damage insurance.

14. Regulation 65 of the National Security (War Damage to Property) Regulations is amended by adding at the end of sub-regulation (3.) the words “, or to insurance against the occurrence of war damage within the meaning of paragraph (e) of the definition of ‘war damage’ in regulation 4 of these Regulations.”.

Continuance of National Security (War Damage to Property— Extension of Contribution Period) Regulations.

15. The National Security (War Damage to Property—Extension of Contribution Period) Regulations (other than regulation 2) shall be deemed to have continued in operation up to the commencement of this regulation and shall continue in operation for so long as the National Security (War Damage to Property) Regulations remain in operation.

 

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

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