National Security (War Service Moratorium) Regulations (Amendment) (Cth)

STATUTORY RULES.

1941. No. 85.

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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 ninth

day of April , 1941.

Governor-General.

By His Excellency’s Command,

for and on behalf of the Minister of State for Defence Co-ordination.

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Amendments of the National Security (War Service Moratorium) Regulations. 

Postponement of certain payments.

1. Regulation 7 of the National Security (War Service Moratorium) Regulations is amended—

(a)by omitting from sub-regulation (1,) the word “the” (seventh occurring) ; and

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

“(14.) Where—

(a) a member of the Forces or a female dependant of a member is, and was prior to the commencement of these Regulations, paying the purchase money under an agreement for the purchase of land but it not actually liable to pay that purchase money;

(b)the member of the Forces or female dependant of a member commenced paying that purchase money before the date on which the member at any time became engaged on war service; and

* Notified in the Commonwealth Gazette on , 1941.

 Statutory Rules 1941, No. 61.

2183.–8/7.4.1941.–Price 3d.

 

(c) the payments made by themember, or female dependant, prior to the commencement of these Regulations, were accepted by the vendor,

the member of the Forces or female dependant of a member shall, for the purposes of this regulation, be deemed to be liable to pay the purchase money and the time (including any time past) for payment thereof (whether by the member or female dependant or by the person actually liable to pay the purchase money) shall, by force of this sub-regulation, be postponed in accordance with the provisions of this regulation.”.

Restriction on execution and other remedies.

2.Regulation 15 of the National Security (War Service Moratorium) Regulations is amended—

(a) by adding at the end of paragraph (d)of sub-regulation (4.) the words “or to some person towards whom, with respect to the judgment, contract or agreement, the applicant stands in the position of a trustee,”; and

(b)by omitting sub-regulation (12.) thereof.

3.— (1.) After regulation 17 of the National Security (War Service Moratorium) Regulations the following regulation is inserted:—

Payment of compensation in certain cases.

“17a.—(1.) Where, during the period between the repeal of the National Security (Courts Emergency Powers) Regulations and the commencement of these Regulations, any remedy has been exercised in respect of which the leave of a court would have been necessary if those Regulations had continued in force, the appropriate court may, on application made by or on behalf of any member of the Forces or female dependant of a member, if it is satisfied that the member or female dependant has suffered loss or damage by reason of the exercise of the remedy, make an order for the payment of compensation to the member or female dependant or, if it is practicable to restore the parties to the position in which they stood prior to the exercise of the remedy without prejudice to the rights of a third person, make such order for that purpose as the court thinks fit and any further order of the nature referred to in paragraphs (b), (c) or (d)of the definition of ‘legal remedy’ in sub-regulation (10.) of regulation 15 of these Regulations as the court thinks fit, and any such order shall be complied with by all persons to whom it applies.

“(2.) The costs of an application under this regulation shall be in the discretion of the court.

“(3.) In this regulation ‘remedy’ means any legal remedy as defined by sub-regulation (10.) of regulation 15 of these Regulations and includes the seizure or taking possession of goods under a bill of or sale, writ or other process issued by a court by way of distress or under the provisions of a hire purchase agreement.”.

(2.) Where any application has, prior to the commencement of this regulation, been made in pursuance of sub-regulation (12.) of regulation 15 of the National Security (War Service Moratorium) Regulations

it shall be deemed to be as valid and effectual as if this regulation had been in operation at the date upon which the application was made, and the application had been made in pursuance of the regulation inserted by this regulation.

Postponement of payment of interest and rates.

4. Regulation 18 of the National Security (War Service Moratorium) Regulations is amended by inserting in sub-regulation (2.), after the word “vendor”, the words”, or to some person towards whom, with respect to the mortgage or agreement, the mortgagee or vendor stands in the position of a trustee,”.

 

By Authority: L. F.