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

STATUTORY RULES.

1942. No. 79.

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 twenty-third day of February, 1942.

GOWRIE

Governor-General.

By His Excellency’s Command,

J. B. CHIFLEY

for and on behalf of the Minister of State

for Defence Co-ordination.

 

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.

Administration.

2. These Regulations shall be administered by the Treasurer.

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.—Returns.

Part V.—Variation of Values.

Part VI.—Contributions.

Part VII.—Assessment of War Damage and Restoration of Property.

Part VIII.—Voluntary Participation.

Part IX.—Wool awaiting Appraisement.

Part X.—Miscellaneous

 

* Notified in the Commonwealth Gazette on 23rd February, 1942.

537—Price 1s.

 

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 live-stock;

“approved insurance company” means any insurance company with which the Commission has entered into an arrangement under regulation 55 of these Regulations;

“fixed property” means any building or works situated on, over, or under any land, so as to form part of that land, and includes any plant and machinery which is integral with the structure of any such building or works, the property in which would ordinarily pass under a contract for the sale of the land, but does not include any growing crops, growing trees, 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 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, 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;

“Local Government Authority” means the authority established for any locality by or under any State Act 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 or goods, means the person who is entitled to the land on which the fixed property is situated for any estate of freehold in possession;

“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 crops, growing trees, live-stock or 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 liablein 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 crops, live-stock or growing trees which are not trees capable of hearing fruit of a kind used for human consumption;

“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, but does not include any growing crops, growing trees, live-stock, or wool in the possession of a wool-selling broker awaiting appraisement;

“the Chairman” means the Chairman of the Commission;

“the Commission” means the War Damage Commission constituted under these Regulations;

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

“Valuation Board” means a Valuation Board constituted under the Land Tax Assessment Act 1910-1940;

“value of fixed property” means the added value which the fixed property gives to the land irrespective of the cost of that fixed property;

“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 accidental or not) as the direct result of the destruction of any property or goods for the purpose of preventing it or them from falling into the hands of or being used by the enemy; or

(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.

(2.) For the purposes of the definition of “war damage” in the last preceding sub-regulation, 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.) 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.

(4.) For the purpose of making any application relating to, or paying any contribution in respect of, private chattels for the purposes of these Regulations, the person, in relation to whom “private chattels” is defined in sub-regulation (1.) of this regulation, shall be deemed to be the owner of the goods covered by paragraph (b) or (c) of that definition, so long as they continue to be covered, in relation to that person, by either of those paragraphs.

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

(a) any fixed property owned by any person who is not required by theseRegulations to contribute in respect of fixed property exceeding Fifty pounds in value;

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

(c) any goods which, having arrived from overseas, are temporarily in Australia, on land, awaiting reshipment to some other overseas port,

shall, for the purposes of these Regulations, other than regulation 49, be deemed to be private chattels and not to be fixed property or any class of goods other than private chattels.

(6.) Notwithstanding anything contained in the definition of “owner” in sub-regulation (1.) of this regulation, where any dwelling place which, together with the land on which it is situate, does not exceed Two thousand pounds in value, is being purchased by 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.

 

Exemption from application of Regulations.

5.—(1.) Subject to sub-regulations (2.) and (3.) of this regulation and to sub-regulation (6.) of the last preceding regulation, the provisions of these Regulations shall not apply—

(a) to any property or goods (not being fixed property leased to any person under a lease the term of which, when it was entered into, exceeded seven years) owned by—

(i) the Commonwealth or any public authority of the Commonwealth or the administration of any Territory of the Commonwealth; or

(ii) the government of any country outside Australia;

(b) to any property or goods of the kind specified in the Schedule to these Regulations which are owned by a State or by any public authority of a State;

(c) to any goods during any period during which those goods—

(i) are beyond the territorial limits of Australia:

Provided that this sub-paragraph shall not apply to exempt or exclude any aircraft engaged on a voyage from any place in Australia to any other place in Australia (or any goods carried on any such aircraft) during any period of that voyage during which the aircraft may be beyond the territorial limits of Australia;

(ii) in the case of ships or boats or of any goods (not being private chattels) which are on or in any such ship or boat—are on any waters or are on any foreshore below high water mark; or

(iii) in the case of aircraft plying between Australia and any country outside Australia—are eligible for insurance against war damage under the provisions of the law of any country outside Australia;

(d) to any property or goods owned by an enemy alien;

(e) to any plans, drawings, designs, patterns, models or moulds (not being patterns, models or moulds which form part of any plant or stock), money, negotiable instruments, securities for money, un-used postage or revenue stamps, evidences of title to any property or right, or of the discharge of any obligation; or any books of account, business books or documents owned for the purposes of a business; or

(f) to any tomb or burial chamber, or to any tombstone or other memorial erected thereon or therein.

(2.) Where any public authority of the Commonwealth is the owner of any property or goods, the Minister may, by order published in the Gazette, specify that public authority to be a public authority to which these Regulations apply, in which case the provisions of these Regulations shall apply to that public authority in respect of property and goods owned by it in like manner as they apply to a person who is not a public authority of the Commonwealth.

(3.) Where any goods are acquired by the Commonwealth and the storage and control of those goods are vested in a public authority of

537.—2

 

the Commonwealth, the Minister may, by order published in the Gazette, specify that public authority to be a public authority of the Commonwealth to which these Regulations apply, in which case—

(a) the provisions of these Regulations shall apply to that public authority in respect of any such goods in like manner as they apply to a person who is not a public authority of the Commonwealth; and

(b) those goods shall, so long as they remain the property of the Commonwealth, be deemed, for the purposes of these Regulations, to be owned by that public authority.

(4.) Where the Commission is satisfied that any goods are of such a nature that it is unlikely that they could be wholly destroyed or seriously damaged by the occurrence of war damage, it may, by order published in the Gazette, declare those goods to be indestructable, in which case the provisions of Parts VI., VII. and VIII. of these Regulations shall not apply to those goods except in such cases as the Commission and the owner of any such goods agree, and then only subject to such conditions and modifications as are contained in the agreement.

Part II.—The War Damage Commission.

War Damage Commission.

6.—(1.) There shall be a War Damage Commission which shall consist of three members who shall be appointed by and shall hold office during the pleasure of the Governor-General.

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

Salaries of members.

7.—(1.) The Chairman shall not be paid any salary, allowances or fees in respect of his services, but may be paid such amount to cover expenses incurred by him in the performance of those services as the Minister directs.

(2.) The members other than the Chairman shall be paid such salaries, allowances, fees and expenses as the Governor-General directs.

Meetings of Commission.

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

(2.) The Chairman or the other two 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.

Commission to be a body corporate.

9. The Commission shall be a body corporate with perpetual succession and a common seal.

Indemnity.

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

Part III.—The War Damage Fund.

War Damage Fund.

11. 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.

 

Moneys credited to, and payable out of Fund.

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

(a) all contributions paid in accordance with the provisions of these 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 losses by war damage in accordance with the provisions of these Regulations;

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

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

Investment of funds.

13.—(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 a State.

Audit.

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

Part IV.—Returns.

Returns by owners of fixed property

15.—(1.) Every owner of fixed property shall—

(a) in the case of fixed property of which he is the owner at the date of the commencement of these Regulations—within twenty-eight days after such date as the Commission, by order published in the Gazette, specifies;

(b) in the case of fixed property of which he becomes the owner after the date of the commencement of these Regulations but before the date so specified—within twenty-eight days after the date so specified; or

(c) in the case of fixed property of which he becomes the owner on or after the date so specified—within twenty-eight days after he becomes the owner,

or within such extended period as the Commission, in any particular case or class of cases, allows, furnish to the Commission, at the office of the Local Government Authority of the locality in which the property is situated, in accordance with such form and in such manner as the Commission determines, a true and correct return showing—

(d) the value of the fixed property; and

(e) such other information as is necessary to complete the form or as the Commission requires.

(2.) Notwithstanding anything contained in the definition of “owner”, for the purposes of the last preceding sub-regulation the word “owner” shall, in the following cases, mean—

(a) in any locality which the Commission specifies by order published in the Gazette—the person who, for the purpose of assessing rates, is deemed by the Local Government Authority having jurisdiction in that locality to be the owner of the land on which the fixed property is situated; and

.

(b) where, in any locality, not being a locality to which the last preceding paragraph applies, any fixed property is leased to any person under a lease the term of which, when entered into, exceeded seven years—the lessee.

(3.) Where the Commission is satisfied that sufficient information is available to it concerning the value of any fixed property, it may, by notice in writing addressed to any person or by notice published in the Gazette specifying any class of persons, exempt that person, or that class of persons, from furnishing returns in accordance with the provisions of this regulation, and thereupon that person or that class of persons shall be exempt accordingly.

Returns by owners of plant.

16. Every owner of plant which, together with all other plant owned by him, exceeds One thousand pounds in value shall—

(a) in the case of plant of which he is the owner at the date of the commencement of these Regulations—within twenty-eight days after that commencement; or

(b) in the case of plant of which he becomes the owner after the date of the commencement of these Regulations—within twenty-eight days after he becomes the owner,

furnish to the Commission, at the office of any approved insurance company, in accordance with such form and in such manner as the Commission determines, a true and correct return showing—

(c) the value of the plant; and

(d) such other information as is necessary to complete the form or as the Commission requires.

Returns by owners of stock.

17.—(1.) Every person who owns stock which, together with all other stock owned by him, exceeds One thousand pounds in value shall—

(a) in the case of a person who, at the date of the commencement of these Regulations, is the owner of stock of that value—within twenty-eight days after that commencement; or

(b) in the case of a person who, at the date of the commencement of these Regulations, is not the owner of stock of that value, but who afterwards becomes the owner of stock of that value—within twenty-eight days after he becomes the owner of stock of that value,

furnish to the Commission at the office of any approved insurance company, in accordance with such form and in such manner as the Commission determines, a true and correct return showing—

(c) the value of the stock; and

(d) such other information as is necessary to complete the form or as the Commission requires.

(2.) Where the value of the total stock owned by any such person increases by an amount greater than ten per centum of the value of the stock as last notified to the Commission, the owner of that stock shall, within twenty-eight days of the variation which caused the increase to exceed that percentage, notify the Commission in such form and in such manner as the Commission directs, of the increase, and of such further matters relating to the value of that stock as the Commission requires.

 

Change of ownership.

18. Every person who, after the commencement of these Regulations, ceases to be the owner of any fixed property or plant shall—

(a) in the case of fixed property of which he ceases to be the owner on or before the date specified for the purpose of paragraphs (a) and (b) of sub-regulation (1.) of regulation 15 of these Regulations—within twenty-eight days after the date so specified; or

(b) in any other case—within twenty-eight days after he ceases to be the owner,

notify the Commission, in accordance with such form and in such manner as the Commission determines, of the change of ownership.

Further returns.

19. The Commission may, by notice in writing addressed to any person, or by notice published in the Gazette specifying any class of persons, require that person or that class of persons to furnish a return containing such information as is specified in the notice, and that person, or every person of that class, as the case may be, shall, within the time and in the manner specified in the notice, furnish a return accordingly.

Part V.—Variation of Values.

Value shown in return to be accepted unless varied.

20. Unless varied in accordance with the provisions of this Part, the value given to any fixed property, plant or stock in a return furnished by the owner for the purposes of these Regulations shall, subject to these Regulations, be deemed to be the value of the fixed property, plant or stock, as the case may be, for the purposes of these Regulations:

Provided that, where the owner of any stock—

(a) has, in pursuance of sub-regulation (2.) of regulation 17of these Regulations, notified an increase in the value of that stock; or

(b) within twenty-eight days after the commencement of any contribution period notifies the Commission, in writing, of any variation (whether by way of increase or decrease) in that value,

the value as so notified, shall, subject to any variation in accordance with the provisions of this Part, be deemed to be the value of that stock for the purposes of these Regulations as from—

(c) in any case to which paragraph (a) of this regulation applies—the date of the variation which caused the increase to exceed ten per centum of the value of the stock as last notified to the Commission; or

(d) in any case to which paragraph (b) of this regulation applies—the commencement of the contribution period.

Variation by Commission.

21. The Commission may at any time, and from time to time, review the value given by the person making any return to any fixed property, plant or stock and may, if it thinks fit, increase or reduce that value, in which case the value as so increased or reduced shall be and, as from such date as the Commission determines, be deemed to have been, the value of the fixed property, plant or stock, as the case may be, for the purposes of these Regulations.

Notice of variation to be served on owner.

22. Where the Commission so increases or reduces any value it shall, as soon as may be, cause notice of the increase or reduction to be served on the owner.

Reference to Valuation Board.

23. Any person who is dissatisfied with any such increase or reduction in the value of any fixed property, plant or stock, or with any value which the Commission in the absence of any return adopts as the value of any fixed property, plant or stock, may, within twenty-eight days after receiving notice thereof, request the Commission to refer the matter to a Valuation Board for the purpose of review by that Board, and the Commission shall refer the matter to a Valuation Board accordingly.

Review by Valuation Board.

24.—(1.) A Valuation Board to which any such value is referred shall, as soon as may be, review the determination of the Commission, and may either confirm, increase or reduce the value assigned by the Commission.

(2.) Where the Valuation Board increases or reduces the value determined by the Commission, that increased or reduced value, as the case may be, shall be, and, as from the date determined by the Commission in respect of the value determined by it, be deemed to have been, the value of the fixed property, plant or stock, as the case may be, for the purposes of these Regulations.

Valuation Board may re-open matter.

25. A Valuation Board may, for special reasons which it thinks sufficient, at any time re-open any matter determined by it, and may vary any prior determination.

Part VI.—Contributions.

Contributions to be made.

26.—(1.) Subject to this Part—

(a) every owner of fixed property or, where that property is leased to any person and the term of the lease exceeded seven years when it was entered into, the lessee;

(b) every owner of plant which, together with all other plant owned by him, exceeds One thousand pounds in value;

(c) every owner of stock which, together with all other stock owned by him, exceeds One thousand pounds in value,

shall, in respect of every contribution period to which these Regulations apply, make contributions to the Fund in accordance with the provisions of this Part.

(2.) Where the Commission has, by order, specified any locality for the purposes of paragraph (a) of sub-regulation (2.) of regulation 15 of these Regulations, the reference to “owner” or “lessee” in paragraph (a) of the last preceding sub-regulation shall, for the purposes only of collecting contributions under these Regulations, and without prejudice to the right of recovering from the owner or lessee liable to make the contributions under that paragraph, be read as a reference to the person who, for the purpose of assessing rates, is deemed by the Local Government Authority having jurisdiction in that locality to be the owner of the land on which the fixed property is situated.

 

Contribution periods.

27.—(1.) The first contribution period to which these Regulations apply shall be—

(a) in respect of any person to whom sub-regulation (1.) of the last preceding regulation applies at the date of the commencement of these Regulations—the period commencing on that date and ending on the thirty-first day of December, One thousand nine hundred and forty-two; or

(b) in respect of any person to whom that sub-regulation commences to apply after the date of the commencement of these Regulations—the period commencing on the date on which that sub-regulation so commences to apply and ending on the 31st day of December next following that date.

(2.) The contribution periods (other than the first contribution period) to which these Regulations apply shall be each calendar year immediately following the termination of the preceding contribution period.

Rates of contribution.

28.—(1.) The rates of contribution in respect of every contribution period shall be such rates as the Minister, from time to time, by order published in the Gazette, declares.

(2.) The Minister may, if he thinks fit, vary the rates of contributions during any contribution period, and any person affected by that variation shall be liable to pay any increased contribution, or entitled to a refund of any contribution overpaid, as the case may be.

(3.) Notwithstanding anything contained in the foregoing provisions of this regulation, where the contributions payable for any contribution period in respect of any fixed property, plant or stock would, but for this sub-regulation, be less than ten shillings, the contributions so payable in respect of that fixed property, plant or stock, as the case may be, shall be ten shillings.

Assessment.

29.—(1.) From any returns furnished in respect of fixed property or from any other information in its possession or from both these sources, the Commission shall cause an assessment to be made and notice thereof served on every person liable to pay contributions under these Regulations in respect of fixed property, showing the contributions payable by that person in respect of that fixed property for the contribution period in respect of which the assessment is made.

(2.) The Commission may, at any time, cause to be served on any such person notice of an amendment of any such assessment or of a further assessment or of an amendment of a further assessment.

When contributions payable.

30.—(1.) Contributions in respect of fixed property shall be due and payable within twenty-eight days after notice of assessment is served upon the person liable to pay the contributions.

(2.) Contributions in respect of plant and stock shall be due and payable within twenty-eight days after the commencement of each contribution period in respect of which the contributions are made.

 

To whom contributions payable.

31. Every person liable to make contributions under these Regulations shall, on or before the date on which the contributions are due and payable, pay the contributions—

(a) in the case of contributions in respect of fixed property—to the Local Government Authority for the locality in which the property is situated; or

(b) in any other case—to the approved insurance company with which the return of the plant or stock, as the case may be, was lodged.

Exemption from contribution.

32. Notwithstanding anything contained in this Part, contributions shall not be payable in respect of any fixed property or plant—

(a) owned by or in trust for a religious society and used primarily and principally as or in a place of worship or for educational purposes or as or in a residence for any clergy or ministers or order of a religious society;

(b) used primarily and principally as or in—

(i) a public hospital;

(ii) a public benevolent institution;

(iii) a university;

(iv) a public institution carried on wholly and exclusively for the furtherance of scientific research; or

(v) a museum or art gallery owned by a State, or by a public authority of a State, or by a committee of trustees appointed by the Commonwealth or a State or any public authority of the Commonwealth or a State; or

(c) used primarily and principally by an ambulance society in connexion with the preservation of human life or for the transport of persons for the purpose of medical or surgical treatment.

Recovery of contribution by person paying on behalf of another.

33.—(1.) Where contributions under these Regulations are paid in respect of any fixed property by the lessee thereof, but the title of the lessee is such that the owner would be entitled to the whole or any part of the compensation in the event of the occurrence of war damage, the lessee may, notwithstanding any provision in the terms of the lease, deduct from the rental otherwise payable to the owner such amount as bears to the contributions paid by the lessee the same proportion as the value of the owner’s interest in the fixed property bears to the value of the fixed property.

(2.) Where contributions under these Regulations are paid in respect of any fixed property by the owner thereof, but the fixed property is leased to any person for a term which, when the lease was entered into, exceeded seven years, and the lessee would be entitled to the whole or any part of the compensation in the event of the occurrence of war damage, the owner may require the lessee to pay to him such amount as bears to the contributions paid by the owner the same proportion as the value of the lessee’s interest in the fixed property bears to the value of the fixed property.

 

(3.) Where the land on which any dwelling-house is situated does not exceed Two thousand pounds in value, and the land is subject to a mortgage which, when it was entered into, was for a period of not less than three years, and the sum secured by that mortgage and by any other such mortgage exceeded, at the beginning of the contribution period, an amount equal to one-third of the value of the land, the mortgagor and mortgagee, or, if there is moreS19 than one such mortgagee, the mortgagor and mortgagees, shall, in respect of that contribution period, each be liable to contribute an equal share of the contributions payable in respect of that dwelling house, and any amount paid in excess of that share by any of them shall, to the extent to which any other party has not paid his share, be recoverable from that other party, and, without prejudice to any other method of recovery, may be deducted from any moneys due or becoming due to that other party.

Contributions for less than full contribution period.

34.—(1.) Where a person—

(a) becomes liable to contribute in respect of a contribution period which commences—

(i) after the date of the commencement of these Regulations but during the year One thousand nine hundred and forty-two; or

(ii) during any subsequent calendar year but after the commencement of that year; or

(b) except in the case of fixed property, ceases to be liable to make contributions before the end of a contribution period, other than by reason of the loss or destruction of the goods as a result of the occurrence of war damage,

the Commission may rebate or refund to that person such amount as, having regard to the period during which he is liable to make contributions, it thinks just.

(2.) Where the Commission is satisfied beyond all reasonable doubt that, owing to the seasonal nature or other special condition of any stock, a person will be liable to contribute in respect of that stock for a limited period only, it may permit that person to become a contributor in respect of that limited period and reduce the contributions payable by that person by such amount as, having regard to the portion of the contribution period during which he will not be liable to make contributions, it thinks just.

(3.) Nothing in the foregoing provisions of this regulation shall apply to reduce the contributions for any contribution period in respect of any fixed property, plant or stock to an amount of less than ten shillings.

Transfer of fixed property not to cause further contributions to be payable.

35. Where, during any contribution period, a person, who has paid or who is liable to pay contributions in respect of any fixed property for that period, transfers to some other person the interest in the fixed property in respect of which his liability to pay arose—

(a) any contributions paid shall, for the purposes of these Regulations, be deemed to have been paid by the transferee; and

 

(b) the transferor and transferee shall be jointly and severally liable to pay any contributions which, at the date of the transfer, the transferor was liable to pay in respect of the fixed property for that contribution period:

Provided that where either the transferor or transferee pays any contributions in respect of the fixed property for the contribution period, which exceed—

(a) in the case of the transferor—an amount which bears to the total contributions payable in respect of that fixed property for the contribution period the same proportion as that portion of the contribution period which occurred prior to the transfer bears to the contribution period; or

(b) in the case of the transferee—an amount which bears to the total contributions payable in respect of that fixed property for the contribution period the same proportion as that portion of the contribution period which occurs after the transfer bears to the contribution period,

the transferor or the transferee, as the case may be, shall, in the absence of any agreement to the contrary between them, be entitled to recover the amount of that excess from the other party.

Recovery of contributions.

36.—(1.) All contributions due under these Regulations shall be a first charge on the property or goods in respect of which they are payable and may be sued for and recovered in any court of competent jurisdiction as a debt due to the Crown:

Provided that nothing in this sub-regulation shall affect the title to any property or goods (other than fixed property) of a bona fide purchaser for value without notice of the charge.

(2.) The Commission may deduct from any amount otherwise payable to any person under these Regulations any amount due by that person for contributions under these Regulations.

(3.) The recovery of any contributions shall not operate to prevent any prosecution against the person liable to make the contribution for any offence arising out of his failure to make the contributions within the prescribed time.

Part VII.—Assessment of War Damage and Restoration of Property.

Claims for compensation.

37.—(1.) Where, on or after the first day of January, One thousand nine hundred and forty-two, war damage has occurred or occurs to any fixed property, or to any plant or stock which, together with all other plant or stock (as the case may be) owned by the same person, exceeds One thousand pounds in value, the owner of, or any other person having any right, title or interest in, that fixed property, plant or stock, may, in such form and manner as the Commission determines, lodge with the Commission a claim for compensation under these Regulations.

(2.) The Commission shall not be bound to consider any claim which is not lodged with it within twenty-eight days after the occurrence of the war damage:

Provided that, if notice in writing of the fact that war damage has occurred to any fixed property, plant or stock is given to the Commission within twenty-eight days after the occurrence of the war damage,

 

the lodging of the claim may be deferred for twenty-eight days (or such longer period as the Commission approves) after the giving of that notice, in which case the Commission shall consider that claim as if it had been lodged within twenty-eight days after the occurrence of the war damage.

Assessment and recording of war damage.

38.—(1.) The Commission shall, upon receipt of a claim for compensation in accordance with the last preceding regulation, or, in such cases as the Commission in its discretion thinks fit, without the lodging of a claim in accordance with that regulation, inquire into the circumstances of the occurrence of the war damage and the extent thereof, and assess the amount which, in its opinion, would be the reasonable and proper cost as at the date of the occurrence of the war damage of—

(a) in the case of fixed property—restoring that fixed property to substantially the form in which it existed immediately prior to the occurrence of the war damage; or

(b) in the case of plant or stock—replacing the damaged portion of the plant or stock or, where the plant or stock can be repaired or treated so as to restore it to the form in which it existed immediately prior to the occurrence of the war damage, of so restoring the plant or stock,

and shall record the amount so assessed, and the names of the owner and any other person entitled to participate in the distribution of that amount when it is distributed.

(2.) The amount so assessed and recorded shall not in any case exceed either—

(a) the amount remaining after deducting from the value of the fixed property, plant or stock immediately prior to the occurrence of the war damage, the salvage value of the fixed property, plant or stock immediately after that occurrence;

(b) the value on which the contributions payable immediately prior to the occurrence of the war damage in respect of the fixed property, plant or stock were calculated:

Provided that, where, owing to any contravention of or failure to comply with the provisions of these Regulations, the full amount of contributions required to be paid under these Regulations in respect of the contribution period during which the war damage occurs, has not been paid prior to the occurrence of that damage, the value on which the contributions were calculated shall, for the purposes of this paragraph, be deemed to be—

(a) where no contributions were paid—twenty per centum (or such greater percentage as the Commission, in special cases, determines) of the value of the fixed property, plant or stock immediately prior to the occurrence of the war damage; or

(b) where the contributions paid were less than the contributions required by these Regulations to be paid—an amount ascertained by deducting

 

from the value of the fixed property, plant or stock immediately prior to the occurrence of the war damage eighty per centum (or such lesser percentage as the Commission, in special cases, determines) of the amount by which the value of the fixed property, plant or stock immediately prior to the occurrence of the war damage is greater than the amount which would be the value of fixed property, plant or stock appropriate to the contributions paid; or

(c) in the case of plant in respect of which no contributions are made, by reason of regulation 32 of these Regulations—

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

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

(3.) The amount of compensation so assessed and recorded shall be tentative only and, upon His Majesty’s ceasing to be engaged in war, shall be reviewed and finally settled in accordance with the principles then to be prescribed, and then paid to the persons entitled thereto under these Regulations.

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

39.—(1.) The Commission may, at any time, to the extent of an amount not exceeding the amount assessed and recorded under the last preceding regulation—

(a) in any case of distress—make payments not exceeding Fifty pounds in the aggregate to the owner of the fixed property, plant or stock; or

(b) where it is of the opinion that it is necessary or desirable so to do for the defence of the Commonwealth or the efficient prosecution of the war—

(i) replace, restore or reinstate the whole or any part of the fixed property, plant or stock to such extent as the Commission thinks fit; or

(ii) make such payment to the owner of the fixed property, plant or stock as the Commission thinks fit.

(2.) Where the Commission decides to replace, restore or reinstate any fixed property, plant or stock the owner shall, at his own expense, produce and give to the Commission all such plans, documents, books and information as the Commission requires.

To whom compensation payable.

40.—(1.) Compensation shall primarily be payable, or recorded as payable, to or in favour of the owner of the fixed property, plant or stock, but, where the Commission is aware of any other right, title or interest therein, the Commission shall apportion the compensation between the owner and any other persons having any such right, title or interest in such manner as, having regard to the extent of the right, title or interest of each person, the Commission thinks just.

 

(2.) Where the Commission makes any payment of compensation to the owner or any other person having any right, title or interest in any fixed property, plant or stock, that payment shall, to the extent of the amount of the payment, be a good and sufficient discharge of the Commission’s liability to pay compensation in respect of that fixed property, plant or stock, but shall not, subject to the next succeeding sub-regulation, prejudice the right of any other person claiming an interest in the compensation to bring against the person to whom the payment was made an action to recover the whole or any portion of the amount of the payment.

(3.) Where the Commission pays any compensation to any person subject to the condition that the money shall be used for the purpose of restoring or replacing any fixed property, plant or stock, no other person shall be entitled to any portion of that payment, but may, if he be a person having any right, title or interest in the fixed property, plant or stock, bring an action in any court of competent jurisdiction for the enforcement of the performance of that condition.

(4.) For the purposes of this regulation, the hirer of any goods under a hire-purchase agreement shall be deemed to have such an interest in those goods as bears to the value of those goods immediately prior to the occurrence of the war damage the same proportion as the sum of the payments made under the agreement bears to the sum of the payments made and to be made under the agreement.

(5.) For the purposes of the last preceding sub-regulation “hire purchase agreement” includes a letting of goods with an option to purchase, an agreement for the payment of goods by instalments, and any other agreement for the purchase of goods whether or not the property in the goods passes, on delivery, to the purchaser.

Compensation recorded to bear interest.

41.—(1.) All compensation assessed and recorded in favour of any person shall bear simple interest at the rate of two pounds ten shillings per centum per annum, calculated from the beginning of the month following the assessment of the compensation until the end of the 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 fixed property or plant in respect of which no contributions are payable by reason of regulation 32 of these Regulations.

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

Conditions as to the use of compensation.

42. The Commission may, when making any payment of compensation, impose conditions as to the manner in which the amount of the compensation shall be applied, and any person upon whom any such conditions are imposed shall comply with those conditions accordingly.

Compensation need not be paid where damage occasioned by negligence.

43. Notwithstanding anything contained in these Regulations, where the Commission is satisfied that the war damage to any fixed property, plant or stock was wholly or partly occasioned, or was increased, by reason of the negligence of the owner, or any employee or member of the owner’s family, or by reason of any failure on the part of the owner, employee or member to comply with the provisions

 

of any law relating to precautions against war damage, unless and to the extent to which the Commission otherwise orders, compensation shall not be payable, and no replacement, restoration or reinstatement of the fixed property, plant or stock shall be undertaken, in respect of that fixed property, plant or stock.

No compensation if damage less than Five pounds.

44. No claim for compensation shall be admitted and no compensation shall be recorded or paid where the damage to the fixed property, plant or stock is less than Five pounds.

Part VIII.—Voluntary Participation.

Application for voluntary participation.

45.—(1.) Every owner of private chattels may make application to bring all or any of those private chattels within the provisions of these Regulations, either at their full value or at such lesser value as the applicant desires.

(2.) Every owner of plant or stock which, together with all other plant or stock (as the case may be) does not exceed One thousand pounds in value, may make application to bring the whole of that plant or stock, as the case may be, (but not any portion thereof) under the provisions of these Regulations, at its full value.

(3.) The owner of any growing crop, live-stock or agricultural fencing may make application to bring that growing crop, live-stock or agricultural fencing, as the case may be, within the provisions of these Regulations at its full value.

(4.) Any application under this regulation shall be made in accordance with such form and in such manner as the Commission directs and may be lodged at the office of any approved insurance company.

Contributions.

46. Every person so applying shall, at the same time, pay to the office of the approved insurance company at which the application is lodged, contributions in respect of the contribution period for which the application is made at such rates as the Minister, from time to time, by order published in the Gazette, declares.

Application of Regulations to private chattels, &c.

47. Where any such application has been made and the necessary contributions have been paid, the provisions of these Regulations shall, subject to this Part, apply to the private chattels, plant, stock, growing crop, live-stock or agricultural fencing, as the case may be, until the expiration of the contribution period in respect of which the application is made, in like manner as they apply to—

(a) in the case of plant or stock—plant or stock, as the case may he, in respect of which contributions are required to be made in accordance with Part VI. of these Regulations; and

(b) in the case of private chattels, growing crops, live-stock or fencing—plant in respect of which contributions are required to be made in accordance with Part VI. of these Regulations:

Provided that where the person making the application might have applied prior to the first day of June, One thousand nine hundred and forty-two, to bring the plant, stock, private chattels, growing crops, live-stock or agricultural fencing, as the case may be, under the

 

provisions of these Regulations, but failed so to do, the provisions of Part VII. of these Regulations shall not apply to the plant, stock, private chattels, growing crops, live-stock or agricultural fencing, as the case may be, until fourteen days after the making of the application and payment of the contributions.

Contribution period for growing crops.

48. For all the purposes of these Regulations, the contribution period in respect of any growing crop shall be the period commencing on the date when the application is made and the contributions are paid, and ending on the date when it ceases to be deemed a growing crop for the purposes of these Regulations.

Limit of compensation to respect of private chattels.

49.—(1.) Where the value of private chattels brought within the provisions of these Regulations by any person exceeds Ten thousand pounds, the amount of contributions which that person shall make in respect of those chattels shall be the amount applicable to Ten thousand pounds, and the maximum compensation or other benefit which may be granted under these Regulations in respect of those private chattels shall be Ten thousand pounds.

(2.) Except in the case of a vehicle propelled by a means other than human or animal power, a musical instrument, or a ship or boat, the maximum compensation or other benefit which may be granted under these Regulations in respect of any one chattel comprised in any such private chattels shall be—

(a) Fifty pounds; or

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

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 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 payable 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, are brought under these Regulations,

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

Part IX.—Wool.

Application of regulations to wool in broker’s store.

50. Subject to the provisions of this Part, the provisions of these Regulations shall apply to wool in the possession of a wool-selling broker until that wool has been appraised, for the purposes of the National Security (Wool) Regulations, as if that wool were stock of a value in excess of One thousand pounds.

Broker deemed to be owner of wool in his possession.

51. Where any wool comes into the possession of any wool-selling broker for the purpose of appraisement in accordance with the provisions of the National Security (Wool) Regulations, the wool-selling broker shall, for the purposes of these Regulations, be deemed to be the owner of that wool until the wool has been so appraised.

 

Returns by broker.

52.Within seven days of any wool coming into his possession, a wool-selling broker shall furnish to the Commission, at the office of any approved insurance company, in accordance with such form and in such manner as the Commission determines, a true and correct return showing—

(a) the value of that wool;

(b) the owner of that wool; and

(c) such other information as is necessary to complete the form or as the Commission requires,

and shall, at the same time, pay contributions in respect of that wool at such rates as the Minister, from time to time, by order published in the Gazette, declares.

Recovery of contributions by broker from owner.

53. Any contributions so paid by a wool-selling broker shall be deemed to have been paid on behalf of the owner of the wool, and shall be recoverable by the broker from that owner.

Compensation payable in respect of war damage to wool.

54. Any compensation payable under these Regulations in respect of the occurrence of war damage to any such wool shall, subject to the right, interest or title of any other person, be payable to the person who was the true owner of the wool immediately prior to the occurrence of the war damage.

Part X.—Miscellaneous.

Insurance companies.

55.—(1.) The Commission may enter into arrangements with any insurance company for the performance by that insurance company of such of the Commission’s duties, powers and functions under these Regulations as the Commission thinks fit.

(2.) There shall be payable to any such insurance company, as remuneration for its services, such fees or commissions as the Minister determines.

(3.) The Commission may, at any time, for reasons which it thinks sufficient, terminate any such arrangement.

(4.) In this regulation the expression “insurance company” means any person or body, corporate or unincorporate, which—

(a) carries on the business of fire, accident or marine insurance; or

(b) carries on the business of insurance brokerage,

and which complies with such terms and conditions relating to the method and manner of carrying on that business as the Commission requires.

Local Government Authorities.

56.—(1.) The Minister 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 under these Regulations as the Commission thinks fit.

(2.) Where the Minister enters into any such arrangement with a Minister of State of any State, he may arrange to pay to that State or to any Local Government Authority of that State such remuneration,

 

whether by way of fees, commissions or otherwise, as the Minister thinks fit and such remuneration shall be payable by the Commission accordingly.

Delegation of powers.

57.—(1.) The Commission may, in relation to any matters or class of matters or in relation to any particular State 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 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.

Power to obtain evidence.

58.—(l.) For the purposes of these Regulations, the Commission may, by notice in writing under the hand of any member, require any person—

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

(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,

and any such person shall comply with the requirement.

(2.) The Commission may require the evidence to be given on oath, and either orally or in writing, and, for that purpose, it, or the person so authorized by it, may administer an oath.

Inspection of premises, stocks, books, &c.

59. For the purposes of these Regulations, any person thereto authorized by the Commission may, at all reasonable times, enter any premises and may inspect those premises and any goods in those premises and any accounts, books and documents relating to those premises or those goods, and may, if he thinks fit, take copies of any such accounts, books and documents.

Right of entry, &c., where damage occurs.

60.—(1.) Where any war damage has, or is reasonably suspected to have, occurred to any property or goods in respect of which compensation is or may be payable under these Regulations, any person authorized by the Commission to exercise the powers conferred by this regulation may, at any time in the day or night, and with such force as may be necessary, enter any place or premises for the purpose of inspecting such property or goods, and may take possession of, or require to be delivered to him, any such property or goods, and may keep possession of and deal with any such property or goods for all reasonable purposes and in any reasonable manner.

(2.) A person shall not obstruct any authorized person in the execution of his powers under the last preceding sub-regulation or fail to comply with any requirement lawfully made in pursuance of that sub-regulation.

 

Commission may determine category to which property or goods belong.

61. Where any doubt arises as to whether any property or goods is or are fixed property, plant, stock, private chattels, growing crops, growing trees, live-stock or agricultural fencing, and, if so, which, the Commission may determine the question and its determination shall be final and conclusive.

Ownership of goods used in the manufacture of other goods.

62.—(1.) Where, in the course of carrying on any industry, trade or business, a person manufactures any goods in pursuance of a contract with another person but is not the owner of other goods or materials used in the manufacture of those first-mentioned goods, he shall, if those other goods are in his possession, be deemed, for the purposes of these Regulations, to be the owner of those other goods and materials until the completion of those first-mentioned goods and their acceptance by some other person:

Provided that any compensation payable under these Regulations in respect of war damage to those other goods or materials shall be payable to the true owner thereof, and, if paid to the person deemed by this regulation to be the owner thereof, shall be recoverable from that person by the true owner thereof.

(2.) The amount of any contributions paid by any person who is deemed by this regulation to be the owner of any goods or materials in respect of those goods or materials shall be recoverable from the true owner thereof by that person.

(3.) Nothing in this regulation shall make subject to the provisions of these Regulations, any property or goods exempted from those provisions by regulation 5 of these Regulations.

Goods made under contract for Commonwealth.

63. Where any person, in pursuance of a contract with the Commonwealth, constructs or manufactures any goods with the intention that the property in the goods shall pass to the Commonwealth, the Commonwealth may inform the Commission that the Commonwealth has agreed to indemnify that person against any loss of, or damage to, those goods as a result of the occurrence of war damage, in which case the provisions of these Regulations shall not apply in respect of those goods.

No transfer of benefits or liabilities.

64. Except in the case of death or bankruptcy, or the winding up of a company, no change in the ownership of any goods (other than fixed property) to which these Regulations apply shall operate as a transfer of any rights or liabilities under these Regulations of the previous owner to the subsequent owner.

Prohibition of war damage insurance.

65.—(1.) A person shall not give or accept or offer to give or accept, any insurance against the occurrence of war damage to any property or goods to which these Regulations apply.

(2.) Subject to these Regulations, any provision, express or implied, in any contract of insurance, which purports to insure against the occurrence of war damage any property or goods to which these Regulations apply, shall, to that extent—

(a) if the contract was entered into prior to the commencement of these Regulations—be void as from the time of that commencement; or

(b) if the contract is entered into after that commencement—be void ab initio.

 

Wrongful holding out to be approved insurance company or agent.

66.—(1.) A person, not being an approved insurance company, shall not hold himself out to be, or do anything calculated to induce any person to believe him to be, an approved insurance company.

(2.) A person, not being an agent of an approved insurance company, shall not hold himself out to be, or do anything calculated to induce any person to believe him to be, an agent of an approved insurance company.

Offences in relation to returns.

67.—(1.) A person shall not—

(a) fail to furnish, in the manner and within the time required by or under these Regulations, any return which he is or may be required to furnish by or under these Regulations;

(b) include in any such return any false or misleading statement; or

(c) include in any such return any statement which he knows to be incorrect or which he might, with reasonable inquiry and diligence, have ascertained to be incorrect.

(2.) A person shall not, whether by any such return or otherwise, assign to any property or goods, for the purposes of these Regulations, any value which he knows to be incorrect or which he might, with reasonable inquiry and diligence, have ascertained to be incorrect.

Officers to observe secrecy.

68. A member or any person exercising any power or performing any duty under these 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 to his knowledge in consequence of his official position.

Receipts, &c., exempt from stamp duty.

69. 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.

Annual report.

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

 

THE SCHEDULE.

PROPERTY AND GOODS OWNED BY A STATE (OR A PUBLIC AUTHORITY THEREOF) TO WHICH THESE REGULATIONS DO NOT APPLY.

Railway and tramway tracks, including all rails, sleepers, points, signalling equipment, and electrical transmission lines or overhead gear therefor, but not including any building in which any such equipment is housed or any bridge, subway or tunnel over or through which any such track runs.

The formation and surfacing of any road but not including any bridge, subway or tunnel over or through which any road runs,

Open flumes, trunk mains and outfall sewers used in or in connexion with any water supply, drainage or sewerage undertaking or scheme.

High tension transmission lines (including all poles and fittings used in connexion therewith) used for the purpose of any electricity undertaking or scheme.

Water channels and pipe lines used for the purpose of any hydro-electric undertaking or scheme.

Breakwaters used for the protection of any harbour.

 

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