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

STATUTORY RULES.

1946. No. 176.

 

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1946.*

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 1939-1946.

Dated this fourth day of December, 1946.

HENRY

Governor-General.

By His Royal Highness’s Command,

J. B. CHIFLEY

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

________

NATIONAL SECURITY (WAR DAMAGE TO PROPERTY) REGULATIONS.

Part I.—Preliminary.

Citation.

1. These Regulations may be cited as the National Security (War Damage to Property) Regulations.

Repeal.

2.—(1.) The National Security (War Damage to Property) Regulations (being Statutory Rules 1942, No. 79, as amended by Statutory Rules 1942, Nos. 222 and 494; 1943, Nos. 88, 254 and 278; and 1945, Nos. 4 and 178), and the National Security (War Damage to Property—Extension of Contribution Period) Regulations (being Statutory Rules 1943, No. 306, as continued in operation by Statutory Rules 1945, No. 4) are hereby repealed.

(2.) Every proclamation, order, direction, notice, authority or arrangement issued, made, given or entered into by the Governor-General, the Minister or the Commission under any provision of the repealed Regulations, and in force at the commencement of these Regulations, shall, subject to these Regulations, continue in force as if issued, made, given or entered into under the corresponding provisions of these Regulations.

Parts.

3. These Regulations are divided into Parts, as follows:—

Part I.—Preliminary.

Part II.—The War Damage Commission.

Part III.—The War Damage Fund.

Part IV.—Compensation for War Damage to Property.

Part V.—Compensation to Aliens.

 

* Notified in the Commonwealth Gazette on 5th December, 1946.

6195.—Price 1s. 3d.

 

Part VI.—Compensation to Estates of Deceased Persons not wholly of European descent.

Part VII.—Arbitration.

Part VIII.—Miscellaneous.

Definitions.

4.—(1.) In these Regulations, unless the contrary intention appears—

“agricultural fencing” means any fencing on any land used primarily and principally for the purposes of agriculture;

“agriculture” includes viticulture, horticulture, pasturage, apiculture, poultry farming, dairy farming, and other operations connected with the cultivation of the soil, the gathering in of crops or the rearing of livestock;

“claimant” means, where more than one claim has been lodged in respect of any war damage, the person first lodging a claim, and includes a person in whose favour the Commission has made an assessment of compensation without the lodging of a claim;

“compensation”, wherever occurring in regulations 20, 35, 37, 39, 40, 42, 43, 44, 53 or 58, includes any interest properly payable thereon under these Regulations;

“court of competent jurisdiction” means a court of the Commonwealth, or of a State or Territory of the Commonwealth, (other than a court presided over by a Justice of the Peace, Magistrate or District Officer) which would have jurisdiction to hear and determine an action between subject and subject for the recovery of a debt equal to the amount claimed;

“evacuated area” means any of the following areas:—

(a) The Territory of Papua and the Territory of New Guinea;

(b)All of that area in the State of Queensland north of the twelfth parallel of south latitude;

(c) All of that area in the Northern Territory north of the sixteenth parallel of south latitude;

(d)All of that area in the State of Western Australia north of the twentieth parallel of south latitude; and

(e) 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, or which was, prior to the commencement of these Regulations, declared to be, or to have been, an evacuated area for the purposes of the repealed Regulations;

“fixed property” means any building or works situated on, over, or under any land, the property in which would ordinarily pass under a contract for the sale of the land, and includes any plant and machinery which is integral with the structure of any building or works the property in which would ordinarily pass under a contract for the sale

 

of the land, and any fencing not being agricultural fencing, but does not include any crop, tree, vine or agricultural fencing;

“growing crop” means a crop of any of those vegetable productions of the soil which are annually produced by the labour of the cultivator, and includes the annual crop of any fruit of a kind used for human consumption (but not the trees or vines on which any such fruit is borne), and each part of a crop shall, for the purposes of these Regulations, be deemed to continue to be part of a growing crop, notwithstanding that it has been harvested, until—

(a) the grower ceases to be the owner or parts with the possession thereof;

(b)the grower notifies the Commission, in writing, that he desires that it be no longer deemed to be part of a growing crop; or

(c) the expiration of a period of twenty-one days after harvesting,

whichever first happens;

“growing tree” means a tree or vine capable of bearing fruit of a kind used for human consumption or of producing rubber or kapok;

“Local Government Authority” means the authority established for any locality by or under any law relating to local government, or, in any particular locality, such other body or person as the Commission, by order published in the Gazette, directs;

“member” means a member of the Commission, and includes the Chairman;

“owner”, in relation to fixed property, and without limiting its ordinary meaning in relation to any other property, means the person who is entitled to the land on which the fixed property is situated for any estate of freehold in possession;

“owner”, in relation to private chattels, includes the person in relation to whom “private chattels” are defined in paragraphs (b) and (c) of the definition of private chattels in this sub-regulation;

“plant” means any plant, machinery, tools, shop equipment, office furniture and other industrial, trade, business or professional equipment, but does not include any fixed property, growing crop, growing tree, live-stock or agricultural fencing;

“private chattels”, in relation to any person, means any goods—

(a) owned by that person;

(b)which are in the possession of that person and for which he would be liable in damages to some other person if the goods were lost or damaged as a result of the occurrence of war damage; or

 

(c) owned by or in the possession of a member of that person’s household ordinarily resident with him or by a domestic servant of that person ordinarily resident with him,

but does not include any fixed property, plant, stock, growing crop, growing tree, live-stock or agricultural fencing;

“stock” means any goods, merchandise or other commodities forming part of the stock-in-trade of any industry, trade or business, or produced or held for the purposes of carrying on any industry, trade or business, and includes goods the subject of a hire purchase agreement, but does not include any growing crop, growing tree, live-stock, or agricultural fencing;

“the Chairman” means the Chairman of the Commission;

“the Commission” means the War Damage Commission constituted under these Regulations, and includes the War Damage Commission constituted under the repealed Regulations;

“the first contribution period” means the period which commenced on the first day of January, One thousand nine hundred and forty-two, and ended on the thirty-first day of December, One thousand nine hundred and forty-two;

“the second contribution period” means the period which commenced on the first day of January, One thousand nine hundred and forty-three, and ended on the thirty-first day of December, One thousand nine hundred and forty-four;

“the third contribution period” means the period from the first day of January, One thousand nine hundred and forty-five, until such date as the Treasurer, by order published in the Gazette, fixes as the date of the end of the third contribution period;

“the Fund” means the War Damage Fund established under these Regulations;

“the repealed Regulations” means the Regulations repealed by these Regulations as in force immediately before the commencement of these Regulations and, when the context so requires, includes those Regulations as in force at any earlier time;

“the war” means the war which commenced on the third day of September, One thousand nine hundred and thirty-nine, and includes any other war in which His Majesty became engaged after that date and before the date of the commencement of these Regulations, and, for the purposes of these Regulations, the war shall be deemed to continue in existence until such date as the Treasurer, by order published in the Gazette, declares to be the date of the termination of the war for the purposes of these Regulations;

“value,” in relation to fixed property, means the added value which the fixed property gave to the land (irrespective of the cost of that fixed property) on the first day of January,

 

One thousand nine hundred and forty-two, or, if the fixed property was not then in existence, the added value which it would have given to the land if it had then been in existence;

“war damage” means—

(a)damage occurring (whether accidentally or not) as the direct result of action taken by the enemy, or action taken in combating the enemy, or in repelling an imagined attack by the enemy;

(b)damage occurring (whether accidentally or not) as the direct result of measures taken under proper authority to avoid the spreading or otherwise to mitigate the consequences of the damage referred to in the last preceding paragraph;

(c) damage occurring (whether accidentally or not) as the direct result of the destruction of any property for the purpose of preventing it from falling into the hands of, or being used by, the enemy;

(d) accidental damage occurring as the direct result of—

(i) any precautionary or preparatory measures taken under proper authority with a view to preventing, or hindering the carrying out of, any attack by the enemy; or

(ii) precautionary or preparatory measures involving the doing of work on land and taken under proper authority, in any way in anticipation of enemy action,

being, in both cases, measures involving a substantial degree of risk to property, but not including damage occurring as a result of the imposition of restrictions on the display of lights, or of measures taken for training purposes; 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.

(2.) For the purposes of the definition of “war damage” in the last preceding sub-section, such action against the enemy as is referred to in paragraph (a) of that definition—

(a)shall, in relation to any ship or aircraft taking part in any such action, be deemed to continue until the ship or aircraft has returned to its base; and

(b) includes naval, military or air reconnaissances and patrols.

(3.) 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 these Regulations) the possession or control of

 

the property is or was necessarily relinquished by the owner as the direct result of the existence of the war, and shall be deemed to remain abandoned only so long as the owner is prevented, as a direct result of the existence of the war, from resuming possession or control of the property:

Provided that the Treasurer may, by order published in the Gazette, declare that any property or any class of property situated in any evacuated area or part of any evacuated area shall, on and after a date specified in the order, cease to be deemed, for the purposes of these Regulations, to be abandoned, and that property or class of property shall not, on or after that date, be deemed, for the purposes of these Regulations, to be abandoned:

Provided further that property shall not be, or be deemed to have been, abandoned property during any period during which the Commonwealth, or any authority of the Commonwealth other than the Commission, has or had the possession thereof, whether as the result of requisition, impressment, hiring or otherwise.

(4.) Any reference in these Regulations to the occurrence of war damage shall be construed as including a reference to the taking of the action or measures specified in the definition of “war damage” in sub-regulation (1.) of this regulation from which that damage results or has resulted.

(5.) The provisions of these Regulations shall, in relation to any war damage of the kind specified in paragraph (e) of the definition of “war damage” in sub-regulation (1.) of this regulation, be construed as if the words “abandonment thereof” were substituted for the words “occurrence of the war damage” where first occurring in sub-regulation (1) of regulation 30 and wherever occurring in regulations 27, 28, 29, 31, 33 and 44.

(6.) Notwithstanding anything contained in sub-regulation (1.) of this regulation—

(a) any dams, bridges, culverts, earthworks and similar improvements on land primarily and principally used for the purposes of agriculture; and

(b) any goods which, having arrived from overseas, are or were temporarily in Australia on land awaiting re-shipment to some overseas port,

shall, for the purposes of these Regulations, other than sub-regulations (2.), (3.) and (4.) of regulation 33, be deemed to be or to have been private chattels and not to be or to have been fixed property or any class of property other than private chattels.

(7.) Notwithstanding anything contained in the definition of “owner”, in relation to fixed property, 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 instalments, and the vendor retains the title to the land until the whole of the purchase money has been paid, then, for the purposes of these Regulations, the purchaser shall be deemed to be

 

the owner of any fixed property situated on the land 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.

(8.) For the purposes of the definition of “fixed property” in sub-regulation (1.) of this regulation, the expression “sale of the land” shall be deemed to include the sale, assignment, or transfer of the unexpired portion of the term of any lease of Crown lands, or of any lease of Administration lands in the Territory of New Guinea, held immediately from the Crown or from the Administration of that Territory, as the case may be, and, for the purposes of these Regulations, the expression “fixed property” in the repealed Regulations shall be deemed to have had the same meaning as it would have had if, at all times since the commencement of the repealed Regulations, the words “sale of the land” contained in the definition of “fixed property” in sub-regulation (1.) of regulation 4 of those Regulations had had the same meaning as it has in the definition of “fixed property” in these Regulations.

(9.) Notwithstanding anything contained in the definition of “fixed property” in sub-regulation (1.) of this regulation, any dam, reservoir, water-race, pipe-line, channel, flume, drain or other works constructed as a means of storing or conveying water for any purposes connected with the mining of gold or any other mineral shall be fixed property for the purposes of these Regulations, and shall be deemed to have been, at all times, fixed property for the purposes of the repealed Regulations.

(10.) Notwithstanding anything contained in the definition of “owner”, in relation to fixed property, in sub-regulation (1.) of this regulation, the true owner at any time of any fixed property of the kind referred to in the last preceding sub-regulation shall, irrespective of the ownership of the land on which it is or was situated, be, or be deemed to have been, the owner at that time of that fixed property for the purposes of these Regulations or the repealed Regulations.

(11.) Unless the contrary intention appears, any reference in these Regulations to a regulation shall be read as a reference to a regulation contained in these Regulations.

Application to Territories.

5. These Regulations shall extend to every Territory of the Commonwealth.

Regulation to bind Crown.

6. These Regulations shall bind the Crown whether in right of the Commonwealth or of any State.

Regulations to apply to certain property.

7.—(1.) The provisions of these Regulations shall apply—

(a) to any property to which the repealed Regulations applied at any time between the first day of January, One thousand nine hundred and forty-two, and the commencement of these Regulations; and

 

(b) in respect of war damage occurring after the thirty-first day of December, One thousand nine hundred and forty-four, only—to any property which, prior to the commencement of these Regulations, was capable of being brought within the provisions of the repealed Regulations by means of any agreement made in pursuance of the provisions of regulation 5a of those Regulations, whether or not any such agreement has been entered into; and

(c) to any property which, by the provisions of these Regulations, is brought within these Regulations or is deemed to have been brought within the repealed Regulations.

(2.) Except as provided in the last preceding sub-regulation, these Regulations shall not apply to any property which, by or under the repealed Regulations, was excluded from the operation of those Regulations.

Part II.—The War Damage Commission.

War Damage Commission.

8.—(1.) There shall be a War Damage Commission, which shall have and may exercise and perform the powers, authorities, duties and functions conferred and imposed upon it by or under these Regulations.

(2.) The War Damage Commission shall be a body corporate with perpetual succession and a common seal and shall, for the purposes, and subject to the provisions, of these Regulations, be capable of purchasing, holding, granting, demising, disposing of or otherwise dealing with real and personal property and of suing and being sued in its corporate name.

Membership of Commission.

9.—(1.) The Commission shall consist of three members who shall be appointed by the Governor-General and shall hold office during his pleasure.

(2.) The Governor-General shall appoint one of the members to be the Chairman of the Commission.

(3.) The persons who, immediately before the commencement of these Regulations, were the Chairman and other members of the War Damage Commission constituted by the repealed Regulations shall, as from the commencement of these Regulations, be deemed to have been appointed under these Regulations to be the Chairman and other members respectively of the War Damage Commission constituted by these Regulations.

Salaries, &c, of members.

10.A member of the Commission shall be paid out of the Fund such salaries, allowances, fees and expenses (if any) as the Governor-General directs.

Meetings of Commission.

11.—(1.) The Commission shall meet at such times and places as it determines.

(2.) The Chairman or the other members may at any time call a special meeting of the Commission.

(3.) At all meetings of the Commission, the Chairman shall have a deliberative vote only.

(4.) At all meetings of the Commission, two members shall form a quorum, but if any question arises on which those members are not in agreement, it shall be postponed until a meeting at which all the members are present.

 

Indemnity.

12. A member shall not be personally liable for any act of the Commission or for any act done by him as a member.

Delegation by Commission.

13.—(1.) The Commission may, in relation to any matters or class of matters or in relation to any particular State, Territory or locality, by writing under its seal, delegate such of its powers and functions under these Regulations (other than this power of delegation) as it thinks fit, so that the delegated powers or functions may be exercised 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.) Where under these Regulations the exercise of any power or function by the Commission is dependent upon the opinion, belief or state of mind of the Commission in relation to any matter, that power or function may be exercised by the delegate upon the opinion, belief or state of mind of that delegate.

(3.) Every such delegation shall be revocable at will, and no such delegation shall prevent the exercise of any power or function by the Commission itself.

(4.) Every delegation under regulation 57 of the repealed Regulations of any powers or functions under those Regulations which was unrevoked immediately before the commencement of these Regulations shall, until revoked under this regulation, continue in force as if it were a delegation by the Commission under this regulation of the corresponding powers or functions under these Regulations.

Advisers.

14.—(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.) Any such adviser shall be appointed by the Commission and shall hold office during its pleasure.

(3.) Any such adviser shall receive out of the Fund such remuneration for his services, and such travelling allowances, as the Treasurer determines.

Local Government Authorities.

15.—(1.) The Treasurer may enter into arrangements with the appropriate Minister of State of any State, or with the Minister administering any Territory of the Commonwealth, for the performance by any Local Government Authority of that State or by any body or person in that Territory, as the case may be, of such of the Commission’s duties, powers and functions as the Commission thinks fit.

(2.) The Treasurer may, as part of such an arrangement, agree to the payment to the State, Local Government Authority, body or person of such remuneration, whether by way of fees, commissions or otherwise, as he thinks fit, and any such remuneration shall be paid by the Commission out of the Fund accordingly.

Power to require information.

16.—(1.) For the purposes of these Regulations the Commission may, by notice in writing under the hand of any member, require any person claiming compensation under these Regulations, or any servant or agent of any such person—

(a) to furnish the Commission with any information; or

6195.—2

 

(b) to attend and give evidence before the Commission, or before any person authorized by it in that behalf, and to produce any books, documents, or other papers in his possession or under his control specified or described in the notice.

(2.) The notice may require such information or evidence to be given on oath or affirmation and either orally or in writing, and for that purpose any member of the Commission, or the person so authorized by the Commission, may administer an oath or affirmation.

(3.) A person to whom a notice has been given under this regulation shall not, without lawful excuse—

(a) refuse or fail to comply with any requirement of the notice;

(b) where the notice requires him to give evidence on oath or affirmation, refuse to be sworn or to make an affirmation;

(c) where, in pursuance of the notice, he attends before the Commission or the person specified in the notice, refuse or fail to answer any question, relevant to the application, put to him by a member of the Commission or by the person so specified; or

(d)furnish any information or give any evidence which is false or misleading in any particular.

Right of entry, &c, where damage occurs.

17.—(1.) Where any war damage has occurred or is reasonably suspected to have occurred to any property in respect of which compensation is or may be payable under these Regulations, any person authorized in writing by the Commission in that behalf may at any time, and with such force as may be necessary, enter any place or premises for the purpose of inspecting that property.

(2.) A person shall not—

(a)obstruct any such authorized person in the execution of his powers under sub-regulation (1.) of this regulation; or

(b) fail to comply with any lawful requirement made for the purpose of the exercise of any power under that sub-regulation.

Report to Parliament.

18. The Commission shall, at least once in every period of twelve months, submit to the Treasurer for presentation to Parliament a report on the administration of these Regulations.

Part III.—The War Damage Fund.

War Damage Fund.

19.—(1.) For the purposes of these Regulations, there shall be a Trust Account to be known as the War Damage Fund which shall be a Trust Account for the purposes of section 62a of the Audit Act 1901-1934.

(2.) The War Damage Fund established under the repealed Regulations shall become the War Damage Fund for the purposes of these Regulations.

Moneys credited to, and payable out of, Fund.

20.—(1.) There shall be payable into the War Damage Fund—

(a)all contributions paid in accordance with the provisions of the repealed Regulations;

 

(b)all moneys advanced to the Commission or appropriated by the Parliament for the purposes of these Regulations; and

(c) any other moneys received for the purposes of these Regulations.

(2.) From the War Damage Fund there shall be payable—

(a) all payments of compensation for war damage payable under these Regulations or the repealed Regulations;

(b) all costs and expenses of administering these Regulations; and

(c) any other payments authorized to be made by these Regulations or the repealed Regulations.

(3.) A payment out of the Fund shall not be made unless approved by the Commission or some person authorized by the Commission to approve the payment.

Investment of Fund.

21.—(1.) Moneys standing to the credit of the Fund shall be invested as the Treasurer directs.

(2.) Income derived from the investment of the Fund shall form part thereof.

(3.) Income of the Fund shall not be subject to taxation by the Commonwealth or by any State.

(4.) All investments made out of moneys belonging to the War Damage Fund established under the repealed Regulations and existing at the commencement of these Regulations shall be deemed to be investments made out of moneys belonging to the Fund.

Power to write off irrecoverable debts.

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

Audit.

23. The accounts of the Fund shall be subject to audit by the Auditor-General.

Part iv.—Compensation for War Damage.

Covered property.

24.—(1.) All fixed property and all plant or stock (which plant or stock, together with all other plant or stock, as the case may be, owned by the same person at any time during the contribution period concerned exceeded One thousand pounds in value) shall, for the purposes of these Regulations, be deemed to have been covered property in relation to the first and second contribution periods.

(2.) The provisions of the last preceding sub-regulation shall apply to any property notwithstanding that any contribution in respect of that property which was payable by or under the repealed Regulations has not been paid.

(3.) Any plant, stock, private chattel, growing crop, growing tree, live-stock or agricultural fencing which was, in respect of the first or second contribution period, brought within the repealed Regulations under the provisions of the regulations formerly included in Part VIII. of those Regulations, or of regulation 5a or regulation 37a of the repealed Regulations, or which, by the operation of any provision of the repealed Regulations at any time in force, was deemed so to have

 

been brought within the repealed Regulations, shall, for the purposes of these Regulations, be deemed to have been covered property in relation to the first or second contribution period, as the case may be.

(4.) Where the Commission is satisfied that, by reason of circumstances attributable to the war, the owner of, or any person having any right, title or interest in, any property of a kind referred to in the last preceding sub-regulation was unable to bring that property within the repealed Regulations in relation to the first or second contribution period during the currency of that contribution period, the Commission may, notwithstanding that war damage may have occurred to that property, in its discretion and on such terms as to the payment of contribution as it thinks fit, direct that that property shall be treated as if it had been so brought within the repealed Regulations and, for the purposes of the last preceding sub-regulation, that property shall thereupon be deemed to have been brought within the repealed Regulations in relation to that contribution period.

(5.) All fixed property, plant, stock, private chattels, growing crops, growing trees, live-stock and agricultural fencing and any property which, prior to the commencement of these Regulations, was capable of being brought within the repealed Regulations by means of an agreement made in pursuance of the provisions of regulation 5a of the repealed Regulations, whether any such agreement has been entered into or not, shall, for the purposes of these Regulations, be, and be deemed to have been, covered property in relation to the third contribution period.

(6.) No property which is, by these Regulations, expressed to be excluded from the operation of these Regulations and, unless the contrary intention appears in these Regulations, no property which was, by or under the repealed Regulations, expressed to be excluded from the operation of those Regulations, shall be or be deemed to have been covered property for the purposes of these Regulations in relation to any contribution period.

Claims for compensations.

25.—(1.) Where war damage occurs or has occurred to any property to which these Regulations apply during a contribution period or periods in relation to which the property is or was, or is deemed to be or to have been, covered property, compensation in respect of that war damage shall be payable out of the Fund in accordance with these Regulations.

(2.) Any person who—

(a) is or was the owner of property in respect of which compensation may be payable;

(b)has or had any right, title or interest (whether at law or in equity) in property in respect of which compensation may be payable;

(c) is the legal personal representative of any person, to whom paragraph (a) or (b) of this sub-regulation applies;

(d)by virtue of the operation of the laws relating to succession, lunacy, bankruptcy, or the dissolution or winding-up of companies, has a claim of right under any person to whom paragraph (a) or (b) of this sub-regulation applies; or

 

(e) subject to the provisions of regulation 58 of these Regulations, is the lawful assignee of the right to compensation of any person to whom any of the preceding paragraphs of this sub-regulation applies,

may, in such form and manner as the Commission determines, lodge with the Commission a claim for compensation under these Regulations.

(3.) Subject to the next suceeding regulation, where, prior to the commencement of these Regulations, any person has duly lodged a claim for compensation under the repealed Regulations, that claim shall be deemed to have been duly lodged under this regulation.

Time for lodging claims.

26.—(1.) Except where the Commission, by reason of special circumstances, otherwise directs, a claim for compensation shall not be deemed to have been duly lodged in respect of any item of war damage included in the claim unless the claim is or was lodged within ninety days after—

(a) the occurrence of the war damage, where the war damage is of the kind specified in paragraph (a),(b),(c) or (d) of the definition of “war damage” in sub-regulation (1.) of regulation 4;

(b)the property ceases or ceased to be abandoned, where the war damage is of the kind specified in sub-paragraph (i) of paragraph (e) of that definition; or

(c)after the claimant became or becomes aware of the occurrence of the war damage, where the war damage is of the kind specified in sub-paragraph (ii) or sub-paragraph (iii) of paragraph (e) of that definition:

Provided that a claim in respect of war damage to property in respect of which the Commission has given a direction under sub-regulation (4.) of regulation 24, or which was brought within the repealed Regulations after the occurrence of the war damage, shall be deemed to be or to have been duly lodged if it is or was lodged within ninety days after the direction of the Commission, or after the property was brought within the repealed Regulations, as the case may be.

Assessment of war damage.

27.—(1.) The Commission shall, upon receipt of a claim for compensation in accordance with regulation 25 or, in such cases as the Commission in its discretion thinks fit, without the lodging of a claim in accordance with that regulation, if it is satisfied that war damage has occurred to the property concerned, assess the amount (if any) which, in its opinion—

(a)in the case of fixed property—would be the reasonable and proper cost of restoring that fixed property to substantially the form and condition in which it existed immediately prior to the occurrence of the war damage;

(b)in the case of plant—would have been the reasonable and proper cost, as at the date of the occurrence of the war damage, of restoring that plant to substantially the form and condition in which it existed immediately prior to the occurrence of the war damage;

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(c) in the case of stock—was the amount of damage occasioned to the stock ascertained—

(i) to the extent to which the stock consists of goods which, at the date of the occurrence of the war damage, were the subject of a hire-purchase agreement and were in the possession of the hirer—by reference to the selling price of those goods under the agreement, less any hiring charges, insurance and depreciation;

(ii) to the extent to which the stock consists of any particular stock or class of stock concerning which the Commission, by reason of the existence of special circumstances, has, for the purpose of calculating the contribution payable on the stock under the repealed Regulations, determined a value other than the cost price less depreciation—by reference to the value as so determined; and

(iii) to the extent to which the stock consists of stock to which neither sub-paragraph (i) nor sub-paragraph (ii) of this paragraph applies—by reference to the cost price of the stock less an amount equal to the amount, if any, of the depreciation of the stock up to the time of the occurrence of the war damage;

(d)in the case of private chattels, growing crops, growing trees or live-stock—was the amount of damage occasioned to that property ascertained by reference to the value of that property immediately prior to the occurrence of the war damage; and

(e) in the case of agricultural fencing—would be the reasonable and proper cost of restoring that agricultural fencing to substantially the form and condition in which it existed immediately prior to the occurrence of the war damage,

and the amount so assessed, or “nil”, as the case may be, shall, subject to regulations 28 to 34 (inclusive) of these Regulations, be recorded by the Commission as the amount of compensation payable under these Regulations in respect of that war damage.

(2.) The Commission shall in every case assess and record separately the amount of compensation payable in respect of fixed property, plant, stock, private chattels, growing crops, growing trees, live-stock and agricultural fencing respectively.

Total loss of fixed property.

28.—(1.) Where war damage has occurred to any covered property which is fixed property, and the reasonable and proper cost of restoring that fixed property to substantially the form and condition in which it existed immediately prior to the occurrence of the war damage is equal to, or greater than, the value of the fixed property immediately prior to the occurrence of the war damage, that fixed property shall be deemed to be a total loss.

 

(2.) The amount assessed and recorded under regulation 27 in respect of war damage to fixed property which is a total loss shall not exceed the value of that fixed property immediately prior to the occurrence of the war damage.

(3.) For the purposes of this regulation the value of the fixed property immediately prior to the occurrence of the war damage shall be ascertained by determining what the value of the fixed property would have been on the first day of January, One thousand nine hundred and forty-two, if it had existed on that date in the condition in which it was immediately prior to the occurrence of the war damage.

Total loss of plant.

29.—(l). Where war damage has occurred to any covered property which is plant, and the reasonable and proper cost, as at the date of the occurrence of the war damage, of restoring that plant to substantially the form and condition in which it existed immediately prior to the occurrence of the war damage would have been equal to, or greater than, the value of the plant immediately prior to the occurrence of the war damage, that plant shall be deemed to be a total loss.

(2.) The amount assessed and recorded under regulation 27 in respect of war damage to any covered property which is plant and which is a total loss shall not exceed the value of that plant immediately prior to the occurrence of the war damage.

Limit of compensation for private chattels, &c.

30.—(1.) The amount assessed and recorded under regulation 27 of these Regulations in respect of war damage to any private chattels, stock, growing crop, growing trees or live-stock shall not exceed the amount remaining after deducting from the value of the private chattels, stock, growing crop, growing trees or live-stock immediately prior to the occurrence of the war damage the value thereof immediately after the occurrence of the war damage.

(2.) For the purposes of this regulation the value of the covered property immediately after the occurrence of the war damage shall, where the war damage is of the kind specified in paragraph (e) of the definition of “war damage” in sub-regulation (1.) of regulation 4, be the value (if any) of the covered property when it ceases to be abandoned.

Total loss of agricultural fencing.

31.—(1.) Where war damage has occurred to any covered property which is agricultural fencing and the reasonable and proper cost of restoring that agricultural fencing to substantially the form and condition in which it existed immediately prior to the occurrence of the war damage is equal to, or greater than, the value of the agricultural fencing immediately prior to the occurrence of the war damage, that agricultural fencing shall be deemed to be a total loss.

(2.) The amount assessed and recorded under regulation 27 in respect of war damage to covered property which is agricultural fencing and which is a total loss shall not exceed the value of that agricultural fencing immediately prior to the occurrence of the war damage.

Compensation in respect of property exempt from contributions.

32. The amount assessed and recorded under regulation 27 in respect of war damage to covered property in relation to which no contributions were payable, by reason of the operation of the regulation

 

formerly included in the repealed Regulations as regulation 32 thereof, shall not exceed—

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

(b)in the case of any other article of plant, not being an article of scientific or medical equipment or a vehicle used for transport—One hundred pounds; or

(c) where the requirements of the regulations formerly included in the repealed Regulations as Part IV. thereof were not complied with in respect of the covered property—twenty per centum (or such greater percentage as the Commission, in special cases, determines) of the amount which would otherwise be assessed and recorded.

Limit of compensation for private chattels.

33.—(1.) The amount assessed and recorded under regulation 27 in respect of war damage to property which is covered property by reason of the operation of sub-regulation (3.) of regulation 24 (not being covered property of the kind referred to in the last preceding regulation) shall not exceed the value in respect of which contributions were paid under the repealed Regulations for the contribution period in which the war damage occurred.

(2.) The total amount assessed and recorded under regulation 27, in respect of war damage to private chattels, in favour of any one person in his own right shall not exceed Ten thousand pounds.

(3.) Except in the case of a vehicle propelled by means other than human or animal power, a ship or boat, a refrigerator or a musical instrument, the maximum amount assessed and recorded under regulation 27 in respect of any one chattel comprised in an assessment of war damage to private chattels shall be—

(a)in the case of private chattels which are covered property by reason of the operation of sub-regulation (3.) of regulation 24—an amount equal to five per centum of the value for which the whole of the private chattels owned by the claimant were brought under the repealed Regulations; or

(b)in the case of private chattels which are covered property by reason of the operation of sub-regulation (5.) of regulation 24—an amount equal to five per centum of the value of the whole of the private chattels owned by the claimant at the date of the occurrence of the war damage,

or Fifty pounds, whichever is the greater, but not in any case an amount exceeding Five hundred pounds.

(4.) Without limiting the application of the last preceding sub-regulation, where there are included in any covered property being private chattels any works 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, printed publications or manuscripts, the amount assessed and recorded

 

under regulation 27 in respect of war damage to any or all of such articles, whether belonging to one or more of those categories, shall not in the aggregate exceed—

(a)in the case of private chattels which are covered property by reason of the operation of sub-regulation (3.) of regulation 24—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 repealed Regulations; or

(b) in the case of private chattels which are covered property by reason of the operation of sub-regulation (5.) of regulation 24—an amount equal to twenty per centum of the value of the whole of the private chattels owned by the claimant at the date of the occurrence of the war damage,

or One hundred pounds, whichever is the greater, but not in any case an amount exceeding Two thousand pounds.

Assessment of certain war damage in evacuated areas.

34. Notwithstanding anything contained in regulation 27 but subject to any other provisions of these Regulations, the amount to be assessed and recorded under regulation 27—

(a)in respect of any war damage of the kind specified in sub-paragraph (ii) of paragraph (e) of the definition of “war damage” in sub-regulation (1.) of regulation 4, shall not exceed the amount remaining after deducting from the amount which would be assessed apart from this paragraph the amount which the claimant has received or is entitled to receive in respect of that damage under any policy of insurance; and

(b)in respect of any war damage, of the kind specified in any of the sub-paragraphs of that paragraph of that definition, to a growing crop—shall not exceed the amount remaining after deducting from the value of the growing crop at the time at which it became abandoned 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.

Assessment made under repealed Regulations.

35.—(1.) Any compensation which was assessed and recorded under the repealed Regulations shall be deemed for all purposes to have been assessed and recorded under these Regulations:

Provided that any amount of compensation which has been paid under the repealed Regulations shall not be payable under these Regulations.

(2.) Where the compensation assessed and recorded under the repealed Regulations is less than the amount of the compensation for the same war damage which would have been assessed and recorded if the provisions of these Regulations had been applied, the Commission shall further assess and record in favour of the claimant the amount by which the latter amount exceeds the compensation assessed and recorded under the repealed Regulations:

 

Provided that this sub-regulation shall not apply in any case in which the compensation assessed and recorded under the repealed Regulations has been paid in full before the commencement of these Regulations.

Damage less than Five pounds.

36.No claim for compensation shall be admitted and no compensation shall be recorded or paid where the war damage to the covered property is less than Five pounds.

Claims may be compromised.

37. The Commission may in any case arrive at its assessment of compensation after negotiation with the claimant and may settle or compromise any claim for compensation.

Claimant to furnish information.

38.—(1.) Where any person has lodged a claim for compensation, the Commission, in order to enable it to assess and record the compensation, if any, payable, may require the claimant to furnish it with such information relating to the property to which his claim refers, or to the war damage claimed to have occurred to that property, as may reasonably be expected to lie within the claimant’s own knowledge or which, with reasonable inquiry and diligence, he may be expected to be able to ascertain and the Commission shall not be bound to assess and record compensation until the information is furnished.

(2.) Any costs or expenses incurred in furnishing or obtaining any such information shall be borne by the claimant.

Notice and payment of compensation.

39.—(1.) The amount assessed and recorded under these Regulations shall, upon being recorded, be forthwith notified by the Commission to the claimant and shall, subject to these Regulations, be paid to the claimant by the Commission.

(2.) Compensation in respect of any property shall be recorded in favour of, and payable to, the claimant, but where the Commission is aware of the right, title or interest of any other person or persons therein, the Commission may apportion the compensation between the claimant and the other person or persons in such manner as the claimant and the other person or persons agree, and make payment accordingly.

(3.) Where compensation has been recorded in favour of a claimant but the Commission is aware of any such other right, title or interest, and the claimant and the other person or persons concerned fail to agree as to the apportionment of the compensation, then the Commission shall retain the compensation until a person claiming to be entitled commences an action against it in any court of competent jurisdiction by virtue of the provisions of regulation 40 of these Regulations.

(4.) Upon any such action being commenced, the Commission shall make application by way of interpleader according to the procedure of the court and, upon the determination of the proceedings, the compensation moneys shall be paid to the person or persons entitled in accordance with the judgment of the court.

(5.) Where no such action is brought against the Commission within three months after the compensation became recoverable by action, and in any case in which the whereabouts of a claimant or the person entitled are unknown and cannot be ascertained, the Commission shall

 

pay the compensation into an account within the Fund to be called the War Damage to Property—Claims in Suspense Account (in this regulation referred to as the Claims in Suspense Account).

(6.) Where the Commission is satisfied that any person is entitled to any moneys held in the Claims in Suspense Account it may pay those moneys to that person.

(7.) Any payment of compensation made by the Commission, in respect of war damage to any property, under this regulation, whether made to a claimant or to any other person or into the Claims in Suspense Account, shall, to the extent of the payment, be a good and sufficient discharge of the Commission’s liability to pay compensation under these Regulations in respect of that war damage, but shall not prejudice the right of any person claiming an interest in the compensation to bring against the person to whom payment was made or any other person, other than the Commission, an action to recover the whole or any portion thereof.

Recovery of compensation etc.

40.—(1.) Any amount of compensation assessed and recorded under these Regulations shall, upon being so assessed and recorded, become a debt payable by the Commission to the person thereunto lawfully entitled and may be recovered by that person by action in any court of competent jurisdiction:

Provided that an action under this sub-regulation shall not be commenced until three months after the date on which the compensation was assessed and recorded.

(2.) Without prejudice to the right of the Commission to pay compensation in accordance with any provision of these Regulations, a person who, in relation to any property, is a person specified in sub-regulation (2.) of regulation 25 of these Regulations shall be lawfully entitled to so much (if any) of the compensation assessed and recorded in respect of war damage to that property as appears to the court to be equitable on the basis that the compensation represents, so far as its amount extends, the property which suffered the war damage, but having regard to any lawful transactions which have taken place in relation to that property or in relation to that person’s right to compensation.

(3.) In any case where a request for arbitration has been lodged under Part VII. of these Regulations, the compensation payable shall, for the purposes of this regulation, be deemed to have been assessed and recorded on the date on which the amount determined under that Part becomes the amount assessed and recorded under these Regulations, or at the time when the claimant is deemed to have abandoned his request for arbitration, as the case may be.

(4.) Compensation shall be payable at such place within the Commonwealth as the Commission determines, either generally or in respect of any particular claim or class of claims:

Provided that where the Commission in any particular case does not so determine the place of payment within three months after the date on which the compensation is assessed and recorded, the compensation shall be payable—

(a) where the war damage occurred in a State—at the office of the Commission in the capital city of that State;

 

(b)where the war damage occurred in the Northern Territory—at the office of the Commission in Adelaide; or

(c) in any other case—at the office of the Commission in Sydney.

(5.) For the purposes of this regulation the date on which compensation is or was assessed and recorded shall be determined without regard to the calculation of interest.

Compensation recorded to bear interest.

41.—(1.) All compensation assessed and recorded shall bear simple interest at the rate of Two pounds ten shillings per centum per annum, calculated from the beginning of the first complete month following the date of the occurrence of the war damage until the end of the last complete month preceding the making of the payment:

Provided that nothing in this sub-regulation shall apply to any compensation assessed and recorded in consequence of loss or damage to covered property in respect of which no contributions were payable by reason of the operation of the regulation formerly included in the repealed Regulations as regulation 32 thereof:

Provided further that where the date of the occurrence of the war damage cannot be ascertained, the Commission may fix a date as the probable date, and that date shall, for the purposes of this regulation, be deemed to be the date of the occurrence of the war damage:

Provided also that, in the case of any compensation payable in respect of war damage of the kind specified in paragraph (e) of the definition of war damage in sub-regulation (1.) of regulation 4, the interest on that compensation shall be calculated from the first day of July, One thousand nine hundred and forty-three, until the end of the last complete month preceding the making of the payment.

(2.) Except where the Commission in special cases otherwise directs, the interest shall accumulate and shall not be paid until the compensation is paid.

(3.) Any compensation paid into the War Damage to Property—Claims in Suspense Account in accordance with sub-regulation (5.) of regulation 39 shall cease to bear interest as from the end of the last complete month preceding the payment into that Account.

(4.) Any compensation paid into the Aliens’ Compensation Account in accordance with the provisions of Part V. of these Regulations shall cease to bear interest as from the end of the last complete month preceding the payment into that Account and no interest shall be payable upon such compensation during any period for which it remains in that Account.

Unpaid contributions may be deducted from compensation.

42.Where any compensation becomes payable in respect of war damage to any covered property and any contributions which were payable under the repealed Regulations in respect of that property have not been paid, the Commission may retain out of the compensation otherwise payable the amount of the unpaid contributions.

Advances of compensations.

43.—(1.) Where a claim has been lodged in accordance with regulation 25 but the amount properly payable in respect of that claim has not been assessed and recorded, the Commission may, if in its absolute

 

discretion it considers it expedient so to do, pay to the claimant a sum or sums of money by way of advance against the amount of compensation properly payable in respect of the claim.

(2.) For the purposes of calculating the interest payable upon the amount assessed and recorded in respect of any claim, so much of that amount as is equal to the amount of any payment by way of advance made in accordance with this regulation in relation to that claim shall be deemed to have ceased to bear interest as from the end of the last complete month preceding the date on which the payment by way of advance was made.

(3.) In any case where the total amount of any payment or payments by way of advance made in accordance with this regulation in relation to any claim exceeds the amount of compensation assessed and recorded in respect of that claim, the person to whom the payment or payments by way of advance was or were made shall, within twenty-eight days after service upon him by the Commission of notice that the compensation has been assessed and recorded, pay to the Commission the amount of the excess and, in default of payment, the Commission may recover the excess from that person as a debt in any court of competent jurisdiction.

Restoration of fixed property which is security for a debt.

44.—(1.) Where compensation has been assessed and recorded in respect of war damage to any fixed property and that fixed property was, at the date of the occurrence of the war damage, a security for the repayment of a debt by the owner of that fixed property, the owner may request the Commission to pay the whole of the compensation to him for the purpose of restoring, replacing, reinstating or reconstructing that fixed property.

(2.) Upon receipt of such a request the Commission, if in its absolute discretion it thinks fit so to do, may, notwithstanding anything contained in these Regulations, and notwithstanding the terms upon which the security was created, comply with the request upon such terms and conditions as it thinks fit.

(3.) Before making a payment under this regulation the Commission may require the owner to submit to it such plans, documents books or information as it thinks fit.

(4.) Where any payment of compensation is made in accordance with this regulation, the person to whom it is made shall—

(a)as soon as is practicable after the payment, cause the fixed property in respect of which the compensation has been paid to be restored, replaced, reinstated or reconstructed, as the case may be, as far as is reasonably possible having regard, inter alia, to the amount of compensation paid, to substantially the form and condition in which it existed immediately before the date of the occurrence of the war damage;

(b) expend upon the restoration, replacement, reinstatement or reconstruction, as the case may be, an amount not less than the amount of the compensation paid to him; and

(c.) comply with the terms and conditions (if any) imposed by the Commission under sub-regulation (2.) of this regulation.

 

(5.) The Commission may, by action brought in any court of competent jurisdiction, recover as a debt from any person to whom payment has been made in accordance with this regulation and who has failed to comply with any term or condition upon which the payment was made (including compliance with the provisions of the last preceding sub-regulation) the whole, or such part as the court determines to be just and equitable, of the moneys so paid to him, whether or not he has been convicted of an offence arising out of his failure to comply with the provisions of the last preceding sub-regulation.

(6.) Any fixed property which is restored, replaced, reinstated or reconstructed under the provisions of this regulation shall become security for the repayment of the debt in like manner as, and in substitution for, the fixed property in respect of which the compensation was paid.

Commission may take measures to minimize war damage.

45.—(1.) Where war damage occurs or has occurred to any property, and the loss in respect of that war damage has been or might be the subject of a claim for compensation under these Regulations, the Commission may take such action, and expend such moneys out of the Fund, as in its absolute discretion it thinks fit, for the purpose of preserving that property from any further war damage.

(2.) The powers of the Commission under this regulation shall be additional to, and not in any way in limitation of, any other powers of the Commission conferred upon it by these Regulations.

Part V.—Compensation to Aliens.

Aliens’ Compensation Account.

46.—(1.) There shall be established and maintained within the Fund an Account to be known as the Aliens’ Compensation Account (in this Part referred to as “the Account”).

(2.) The Aliens’ Compensation Account established under the repealed Regulations shall become the Account established by this Part of these Regulations.

War damage payable to enemy aliens.

47.—(1.) Where any moneys would, but for the provisions of this Part, be payable under these Regulations to or for the benefit of any enemy alien, those moneys shall be paid into the Account.

(2.) For the purposes of the last preceding sub-regulation moneys payable to the Controller of Enemy Property or to a controller of any enemy alien appointed under any law of the Commonwealth shall be deemed to be payable to or for the benefit of that enemy alien.

Treatment of moneys paid into Account.

48.—(1.) Concerning every enemy alien in respect of whom money has been paid into the 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 or was an ally of His Majesty the King in the war, and is not, and has not been, in sympathy with the Government of any country which is or was an enemy country during the war, or, if the Attorney-General is not so satisfied, advise the Commission that he is unable to give such a certificate.

 

(2.) 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.

(3.) 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 Account in respect of that person shall thereupon be transferred to the general moneys of the Fund.

(4.) Where any moneys have been paid into the Account in relation to any enemy alien in respect of whom a controller is or has been appointed under any law of the Commonwealth, and the assets in the hands of the controller are insufficient to pay in full all the debts of the enemy alien owing to creditors who are not themselves enemy aliens, the controller may apply to the High Court for an order that the Commission shall pay out of the Account an amount (not being an amount greater than the total sum standing to the credit of the Account in relation to that enemy alien) which, in the opinion of the Court, is sufficient to enable the controller to satisfy in full, or to such lesser extent as the Court may consider proper, the debts owing to those creditors by the enemy alien, and the High Court may order accordingly.

(5.) For the purposes of the last preceding sub-regulation, the controller shall be deemed to be a creditor of the enemy alien in respect of a debt of an amount equal to the total of any charges, expenses and remuneration as controller which he is entitled to be paid or to deduct out of the assets of the enemy alien.

(6.) The Commission shall, after service upon it of an office copy of an order of the High Court made in pursuance of this regulation, pay to the controller out of the Account the amount specified in the order.

(7.) Except where any money is paid out of the Account in accordance with this regulation or for the purpose of investment, 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.

Things done under repealed Regulations.

49. Any payment made into or from the Aliens’ Compensation Account established under the repealed Regulations and any certificate given or revoked under regulation 43a of the repealed Regulations shall be deemed to have been made, or given or revoked, as the case may be, under this Part.

Part VI.—Compensation to Estates of Deceased Persons Not Wholly of European Descent.

Definitions.

50.—(1.) In this Part—

“the Administrator” means the Administrator or Acting Administrator of the Territory of Papua-New Guinea, and includes a person appointed under any existing or future law to administer the government of the whole or any part of the territory comprised in the Territories of Papua and New Guinea.

 

(2.) The provisions of this Part shall not apply in relation to any person who was at the date of his death a “native” as defined by the Ordinance Interpretation Ordinance 1911-1940 of the Territory of Papua or the Ordinances Interpretation Ordinance 1934-1941 of the Territory of New Guinea.

Commission may order inquiry.

51. Where the Commission, whether before or after the commencement of these Regulations, has received a claim for compensation in respect of war damage to any covered property and the Commission has reason to believe that the case is one in which it is appropriate so to do, the Commission may request the Administrator in writing that he cause to be instituted an inquiry in accordance with the provisions of this Part in relation to the person who was the owner of the property in respect of which the claim has been made at the date of the occurrence of the war damage, or to whose estate the property belonged at that date.

Inquiry.

52.—(1.) Upon receipt of a request from the Commission under the last preceding regulation, the Administrator shall appoint a person, on such terms and conditions as he thinks fit, (in this Part called “the Inquiry Officer”) to conduct an inquiry concerning the person named in the request.

(2.) The Inquiry Officer so appointed shall, in such manner as he considers expedient and upon such evidence as he thinks fit, inquire and determine—

(a) whether the person named in the request was a person not wholly of European descent;

(b) whether that person was, immediately prior to the first day of January, One thousand nine hundred find forty-two, ordinarily resident in the Territory of Papua or in the Territory of New Guinea;

(c) whether that person died, or may be presumed to have died, since the first day of January, One thousand nine hundred and forty-two;

(d)whether that person died intestate or may reasonably be presumed to have died intestate;

(e) whether the case is one in which no grant of letters of administration has been made to, or applied for by, any person in relation to the estate of the person named in the request; and

(f) if the answers to the foregoing questions are in the affirmative, as far as can reasonably be ascertained the persons entitled to share in the estate of the person named in the request according to the laws relating to succession on intestacy, and their respective relationship to the person named in the request,

and shall report in writing to the Administrator the results of his inquiry, which report the Administrator shall thereupon send to the Commission.

(3.) For the purpose of conducting such an inquiry the Inquiry Officer may administer oaths and affirmations in accordance with the law in force in the place where the inquiry is held.

 

(4.) Any costs of conducting such an inquiry, including the remuneration, if any, of the Inquiry Officer, shall be payable out of the Fund.

Payment through Administrator.

53.—(1.) Where the report of the Inquiry Officer gives an affirmative answer to the questions specified in paragraphs (a) to (e) (inclusive) of sub-regulation (2) of the last preceding regulation, the Commission may, if the amount of compensation assessed and recorded as payable under these Regulations in respect of war damage to the covered property which, at the time of the occurrence of the war damage, was owned by, or formed part of the deceased estate of, the person the subject of the inquiry does not exceed the sum of Two hundred pounds (without taking into account any interest included therein), pay that compensation to the Administrator.

(2.) Upon receipt of any such compensation moneys, the Administrator shall cause the same to be paid to, and distributed among, the persons named in the report of the Inquiry Officer as the persons entitled to share in the estate of the person named in the request according to the laws relating to succession or intestacy and in such shares or proportions as are by the said laws provided, and the Administrator shall not be subject to any liability in respect of any moneys so paid.

(3.) Payment of any compensation to the Administrator in accordance with sub-regulation (1.) of this regulation shall operate for all purposes as a full and complete discharge of all the Commission’s liabilities to pay that compensation, and the provisions of Part VII. of these Regulations shall not apply in relation to that compensation.

Part VII.—Arbitration.

Request for arbitration.

54.—(1.) Subject to the next succeeding sub-regulation, a claimant in whose favour compensation has been recorded or is deemed to have been recorded under Part IV. of these Regulations (including any claimant whose compensation has been recorded as nil), may, within twenty-eight days after service upon him by the Commission of notice that the compensation has been assessed and recorded, or, where the compensation was recorded before the commencement of these Regulations, within two months after the commencement of these Regulations, lodge with the Commission a request in writing that the assessment of the Commission be referred to the arbitration of a single arbitrator.

(2.) A claimant who, whether before or after the commencement of these Regulations, has accepted any sum of money in full satisfaction of a claim or of portion of a claim for compensation under the repealed Regulations or under these Regulations shall not be entitled to lodge a request under this regulation in respect of that claim or portion of a claim, as the case may be.

Appointment of Arbitrator, &c.

55.—(1.) If the Commission and the claimant do not, within twenty-eight days after the lodgment of a request under the last preceding regulation, agree upon a single arbitrator, then the Commission and the claimant shall, within a further twenty-eight days, each nominate an arbitrator.

 

(2.) The arbitrator agreed upon, or the two arbitrators so nominated, as the case may be, shall proceed to determine the amount of compensation which, in his or their opinion, should have been assessed and recorded.

(3.) Where the claimant fails to agree to the appointment of an arbitrator acceptable to the Commission, and fails to nominate an arbitrator as provided in sub-regulation (1.) of this regulation within the time limited in that sub-regulation, then the claimant shall be deemed to have abandoned his request for arbitration and the assessment of the Commission shall stand.

(4.) In the event of any disagreement between two arbitrators dealing with any case, the difference shall be referred to the decision of an umpire appointed by the Treasurer.

Procedure.

56.—(1.) An arbitration under this Part shall, subject to these Regulations, be conducted in accordance with the laws relating to arbitration of the State or Territory in which the arbitration is conducted.

(2.) The arbitrator or arbitrators, or the umpire, as the case may be, shall not be bound by any law relating to the admissibility of evidence.

Decision to be binding.

57.—(1.) The decision of the arbitrator, arbitrators or umpire, as the case may be, shall, subject to the last preceding regulation, be final and binding upon the parties, and the amount of compensation determined under this Part shall be the amount to be assessed and recorded under regulation 27.

(2.) The Commission shall make any necessary alteration in the amount previously recorded.

Part VIII.—Miscellaneous.

Rights to compensation to be inalienable.

58.—(1.) Subject to this regulation, any right, title or interest in any compensation payable under these Regulations shall be absolutely inalienable and any contract entered into after the commencement of these Regulations, insofar as it purports to assign any such compensation, or any right, title or interest therein, shall be void.

(2.) Nothing in the last preceding sub-regulation shall prevent any assignment, with the approval of the Commission, of the whole or any part of any compensation where the contract of assignment is made either—

(a)after the compensation has been assessed and recorded in accordance with the provisions of these Regulations;

(b)after the Commission is satisfied that war damage to the property has occurred, or may reasonably be presumed to have occurred, but that insufficient information is available to enable the compensation to be assessed and recorded; or

(c) to a person to whom the assignor has transferred, or transfers, any right, title or interest in the property to which the war damage has occurred.

 

Secrecy.

59.—(1.) A member of the Commission or any person exercising any power or performing any duty under these Regulations, or who has exercised any power or performed any duty under the repealed Regulations, shall not, except in the course of his duty under these Regulations, directly or indirectly communicate or divulge any information relating to any matter which comes or has come to his knowledge in consequence of his official position.

(2.) Notwithstanding anything contained in the last preceding sub-regulation, any member or person referred to in that sub-regulation may communicate such information—

(a) to the Commissioner of Taxation, the Second Commissioner of Taxation or any Deputy Commissioner of Taxation; or

(b)to any person performing duties under any Act relating to taxation who is authorized in writing by one of the officers referred to in paragraph (a) of this sub-regulation to request such information on his behalf.

(3.) Any person to whom information is communicated under the last preceding sub-regulation, and any person or employee under his control, shall, in respect of that information, be subject to the same obligations and liabilities under sub-regulation (1.) of this regulation as if he were a person performing duties under these Regulations and the information had come to his knowledge in consequence of his official position as such a person.

Exemption from stamp duty.

60. Receipts and other documents issued for the purposes of these Regulations shall not be subject to stamp or other duty imposed under the law of any State or of any Territory of the Commonwealth.

Service of notices.

61. Any notice required or permitted to be served by the Commission under these Regulations may, without limiting any other mode of service, be served by post at the last known address of the person to be served.

Offences.

62. A person shall not—

(a) fail to furnish, in the manner required by or under these Regulations, any information which he is required by or under these Regulations to furnish; or

(b) when giving any information for the purposes of these Regulations—

(i) knowingly make any false or misleading statement; or

(ii) make any statement which he might, with reasonable inquiry and diligence, have ascertained to be incorrect.

________________________

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