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

STATUTORY RULES.

1942. No. 222.

 

REGULATIONS 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 Regulations under the National Security Act 1939-1940.

Dated this thirteenth day of May, 1942.

(SGD.) GOWRIE

Governor-General.

By His Excellency’s Command,

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

 

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

Definitions.

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

(a) by omitting from the definition of “private chattels” in sub-regulation (1.) all the words after the words “growing trees”;

(b) by inserting in the definition of “stock” in sub-regulation (1.), after the word “business” (second occurring) the words “, and includes goods the subject of a hire purchase agreement,”;

(c) by omitting sub-regulation (6.) and inserting in its stead the following sub-regulation:—

“(6.) Notwithstanding anything contained in the definition of ‘owner’ in sub-regulation (1.) of this regulation—

(a)where any land (being land on which a dwelling-place is situate) does not exceed Two thousand pounds in value, and is being purchased by

 

* Notified in the Commonwealth Gazette on , 1942.

  Statutory Rules 1942, No. 79.

2337.—Price 5d. 25/6.5.1942.

 

instalments, but the vendor retains the title to the land until the whole of the purchase money has been paid, for the purposes of these Regulations the purchaser shall be deemed to be the owner of the fixed property and the vendor shall be deemed to be a mortgagee thereof for a debt equal to the purchase money remaining unpaid at any particular time; and

(b) where any person having the use or enjoyment of any fixed property on land owned by the Commonwealth or a State is entitled, either presently or on the happening of any contingency, to remove that fixed property from the land, that person shall, for the purposes of these Regulations, be deemed to be the owner of that fixed property.”; and

(d) by adding at the end thereof the following sub-regulation:—

“(7.) For the purposes of these Regulations (other than Part VII.) the value of any goods which are the subject of a hire purchase agreement and which are in the possession of the hirer shall be the selling price of those goods less any hiring charges, insurance costs and depreciation.”.

Exemption from obligation of regulations.

2. Regulation 5 of the National Security (War Damage to Property) Regulations is amended by omitting paragraph (d)of sub-regulation (1.) and inserting in its stead the following paragraph:—

“(d)any statuary, memorial or shrine for the commemoration of any person or event, not being a building used primarily and principally for the carrying on of any utilitarian activity.”.

3. After regulation 10 of the National Security (War Damage to Property) Regulations the following regulation is inserted:—

Advisers.

“10a.—(1.) The Commission may, if it thinks fit, for the purposes of any investigation or inquiry, call in the aid of advisers possessing expert or business knowledge.

“(2.) The advisers shall be appointed by, and shall hold office during the pleasure of, the Commission.

“(3.) An adviser appointed in pursuance of the last preceding sub-regulation shall receive such remuneration for his services, and travelling allowance at such rates, as the Minister determines.”.

Returns by owners of fixed property.

4. Regulation 15 of the National Security (War Damage to Property) Regulations is amended by omitting from sub-regulation (2.) the words “the definition of ‘owner’” and inserting in their stead the words “sub-regulation (1.) or (6.) of regulation 4 of these Regulations”.

 

Recovery of contribution by person paying on behalf of another.

5.—(1.) Regulation 33 of the National Security (War Damage to Property) Regulations is amended—

(a) by omitting from sub-regulation (3.) the words “the land on which any dwelling-house is situated does not exceed Two thousand pounds in value, and the land” and inserting in their stead the words “any land (being land on which a dwelling-place is situate) does not exceed Two thousand pounds in value, and”;

(b) by omitting from sub-regulation (3.) the words “that dwelling-house” and inserting in their stead the words “that dwelling-place”; and

(c) by adding at the end thereof the following sub-regulation:—

“(4.) Where contributions are paid by the owner of any stock in respect of goods comprised in that stock in respect of any period during which those goods are in the possession of a hirer under a hire purchase agreement, the owner may recover from the hirer an amount equal to sixty per centum of so much of the contributions paid by the owner in respect of those goods as is attributable to that period:

Provided that if, during that period, the hirer becomes the owner of the goods, the previous owner shall repay to him an amount which bears to the amount so recovered the same proportion as the portion of the period occurring after the hirer becomes the owner bears to that period.”.

(2.) Where, prior to the commencement of this regulation, the hirer of any goods under a hire purchase agreement has paid any contributions in respect of those goods and, in consequence of the amendments made by this regulation, the owner recovers from the hirer portion of the contributions paid by the owner in respect of those goods, the Commission shall, on receipt of application made by the hirer, refund to the hirer the amount of contribution paid by him prior to the commencement of this regulation.

Assessment and recording of war damage.

6. Regulation 38 of the National Security (War Damage to Property Regulations is amended by omitting sub-paragraphs (i) and (ii) of paragraph (c) of regulation 2 and inserting in their stead the following sub-paragraphs:—

(i) in the case of an organ (including pipes and all other parts and fittings therefor) or an altar used in any place of worship—Three thousand pounds;

(ii) in the case of any scientific or medical instrument or equipment or of any vehicle used for transport—such amount as the Commission, in its discretion, determines; or

(iii) in the case of any other article—One hundred pounds.

To whom compensation payable.

7. Regulation 40 of the National Security (War Damage to Property) Regulations is amended—

(a) by omitting from sub-regulation (4.) all the words after the word “goods” (second occurring) and inserting in their stead the words “as the Commission, having regard to the proportion which the sum of the payments made

 

under the agreement bears to the sum of the payments made and to be made under the agreement, and to the extent to which the value of the goods has depreciated in the hands of the hirer, thinks fit”; and

(b) by omitting sub-regulation (5.).

8. After regulation 43 of the National Security (War Damage to Property) Regulations the following regulation is inserted:—

Aliens.

“43a.—(1.) There shall be established and maintained within the Fund an Account to be known as the Aliens’ Compensation Account.

“(2.) Where war damage occurs to any property or goods in which any enemy alien has any right, title or interest, any money which would, but for this regulation, be payable under these Regulations to or for the benefit of that enemy alien in consequence of the occurrence of that war damage shall be payable into the Aliens’ Compensation Account.

“(3.) Concerning every enemy alien in respect of whom money has been so paid into the Aliens’ Compensation Account, the Attorney-General shall, as early as practicable, either give to the Commission a certificate that he is satisfied that the enemy alien is and has been a loyal member of the Australian community, or of the community of any other part of His Majesty’s Dominions or of any country which is an ally of His Majesty the King in the present war, and is not, and has not been, in sympathy with the Government of any country with which His Majesty is at war, or, if the Attorney-General is not so satisfied, advise the Commission that he is unable to give such a certificate.

“(4.) The Attorney-General may at any time revoke any such certificate, or give any such certificate notwithstanding that he has previously notified the Commission that he is unable to give that certificate.

“(5.) Where the Attorney-General gives such a certificate in respect of any person, that person shall, unless and until the certificate is revoked, cease to be an enemy alien for the purposes of these Regulations, and any money paid into the Aliens’ Compensation Account in respect of that person shall thereupon be transferred to the general moneys of the Fund.

“(6.) Except where any money is paid out of the Aliens’ Compensation Account in accordance with the last preceding sub-regulation, or for the purpose of investing any money, or for purposes which, in the opinion of the Commission, are necessary for the defence of the Commonwealth or the efficient prosecution of the war, moneys standing to the credit of the Account shall remain in the Account until the Parliament makes provision for the manner in which those moneys shall be expended.”.

Application for voluntary participation.

9. Regulation 45 of the National Security (War Damage to Property) Regulations is amended by omitting sub-regulation (3.) and inserting in its stead the following sub-regulation:—

“(3.) The owner of any growing crop, live stock or agricultural fencing, or of any growing trees which are capable of bearing fruit of a kind used for human consumption or of producing rubber, may

 

make application to bring that growing crop, live stock or agricultural fencing, or those growing trees, as the case may be, within the provisions of these Regulations at its or their full value.”.

Application of Regulations to private chattels, &c.

10. Regulation 47 of the National Security (War Damage to Property) Regulations is amended—

(a) by omitting the words “or agricultural fencing” (wherever occurring) and inserting in their stead the words “, agricultural fencing or growing trees”; and

(b) by omitting the words “or fencing” and inserting in their stead the words “, agricultural fencing or growing trees”.

Returns by broker.

11. Regulation 52 of the National Security (War Damage to Property) Regulations is amended by omitting paragraph (a).

Payment of contributions by broker before wool comes into his possession.

12. After regulation 52 of the National Security (War Damage to Property) Regulations, the following regulations are inserted:—

“52a. Where any wool-selling broker satisfies the Commission that he has the written authority of any person to make contributions under these Regulations in respect of wool owned by that person which has not passed into the possession of a wool-selling broker, that wool-selling broker may make, or agree to make, contributions accordingly, and the provisions of Part VIII. of these Regulations shall, subject to this Part, apply to that wool as if that person had paid the contributions on the day on which he became the owner of the wool.

Postponement of payment until appraisement.

“52b. The Commission may enter into an arrangement with any wool-selling broker providing that the payment of any contributions which he is required or permitted to make under this Part in respect of any wool may be postponed until such date after the appraisement of that wool as the Commission thinks fit, and the date of payment shall be postponed accordingly, but, unless payment is not made on or before the postponed date, the provisions of these Regulations relating to compensation shall apply as if the payment were made on the date on which, but for the arrangement, the wool-selling broker was required or permitted by this Part to make the contributions.”.

Recovery of contributions by broker from owner.

13. Regulation 53 of the National Security (War Damage to Property) Regulations is amended by omitting the words “so paid” and inserting in their stead the words “paid in accordance with the provisions of this Part”.

Ownership of goods used in the manufacture of other goods.

14. Regulation 62 of the National Security (War Damage to Property) Regulations is amended by inserting after sub-regulation (1.) the following sub-regulations:—

“(1a.) Nothing in the last preceding sub-regulation shall apply to those other goods where the true owner thereof has notified the manufacturer that he has treated those goods as part of his stock, and has paid contributions thereon in accordance with the provisions of these Regulations.

“(1b.) A person shall not so notify the manufacturer unless he has so treated those goods as part of his stock, and has paid contributions thereon in accordance with the provisions of these Regulations.”.

Notice may be served by post.

15. After regulation 69 of the National Security (War Damage to Property) Regulations the following regulation is inserted:—

“69a. Any notice required or permitted to be served under these Regulations may, without limiting any other mode of service, be served by post.”.

Extension of time for making returns, &c.

16. Where any person is required by the National Security (War Damage to Property) Regulations to do any act or thing in consequence of amendments made to those Regulations by these Regulations, and the time for doing that act or thing would, if the amendments made by these Regulations had commenced on the date of the commencement of those Regulations, have commenced to run from a date prior to the commencement of these Regulations, that time shall commence to run from the date of the commencement of these Regulations.

Saving.

17. Nothing in regulation 1 of these Regulations, insofar as it amends the definition of “private chattels”, or in regulation 9 or 10 of these Regulations, shall, during the year One thousand nine hundred and forty-two, affect the rights of any person who, prior to the commencement of these Regulations, has treated any growing trees as private chattels and paid contributions in respect thereof.

 

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