Re-establishment and Employment (Allowances and Loans) Regulations (Amendment) (Cth)

STATUTORY RULES.

1946. No. 181.

______

REGULATIONS UNDER THE RE-ESTABLISHMENT AND EMPLOYMENT ACT 1945.*

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 Re-establishment and Employment Act 1945.

Dated this eleventh day of December, 1946.

HENRY

Governor-General.

By His Royal Highness’s Command,

H. C. BARNARD

for and on behalf of the Minister of State for Post-war Reconstruction.

__________

Amendments of the Re-establishment and Employment (Allowances and Loans) Regulations.

Definitions.

1.Regulation 3 of the Re-establishment and Employment (Allowances and Loans) Regulations is amended—

(a) by inserting, after the definition of “member”, the following definition:—

‘“security’ means a security (other than a security over land) in such form as is approved by the Commission or a security over land in the appropriate form in use in the State or Territory of the Commonwealth where the land is situate;”; and

(b) by adding, at the end thereof, the following definition:—

“‘the Register’ means the Register of Securities (other than securities over land) established in pursuance of regulation 31 of these Regulations.”.

_________________________________________________________________________________

* Notified in the Commonwealth Gazette on 12th December, 1946.

 Statutory Rules 1945, No. 190.

4414.—Price 5d.

2.After regulation 5 of the Re-establishment and Employment (Allowances and Loans) Regulations the following regulation is inserted:—

Prescribed occupations, businesses and practices.

“5a. The following shall be prescribed occupations, businesses or practices, as the case may be, for the purposes of sub-section (1.) of section 93 of the Act:—

(a) Any occupation within the building construction industry;

(b) The occupation or business of—

air transport (commercial); baking; boat building; boot manufacturing; boring contracting; building materials manufacturing or contracting; butchering; clothing contracting; clothing retailing; coach and motor body building; conducting an authorized news agency, a business college, café or delicatessen (the business being confined to such), cooperage, grocery (other than a mixed business), guest house, hospital, laundry, mobile moving picture outfit, motor engineering works or service station or omnibus service; constructional contracting; cordial manufacturing; deep-sea fishing; dry cleaning; electrical appliance manufacturing; electro-plating; flour milling; food processing; furniture manufacturing; furniture retailing; general engineering; general store keeping; haulage contracting; ironmongery and hardware retailing; jewellery manufacturing; mining (excluding prospecting) for asbestos or gold; motion picture exhibiting or producing; pearling; printing; produce merchant store keeping; radio manufacturing; rural contracting; saw-milling; tanning; tyre moulding and re-treading; undertaking; water transport (sea and inland rivers); or woollen goods and textile manufacturing; and

(c) The practice of the profession of—

architect; barrister; chemist (pharmaceutical, analytical or research); dentist; engineer (civil, electrical, mechanical or mining); medical practitioner; optician; solicitor; surveyor; or veterinary surgeon.”.

Interest on loans.

3.After regulation 14 of the Re-establishment and Employment (Allowances and Loans) Regulations the following regulations are added:—

“15.—(1.) For the purpose of ascertaining the rate of interest on a loan or portion of a loan made to any one eligible person, whether before or after the commencement of this regulation—

(a) the amounts of all loans shall be added to the amounts of all loans under Division 3 of Part VI. of the Act in respect of an agricultural occupation and of all loans under the Australian Soldiers’ Repatriation Regulations made or granted to that person and—

(i) if the aggregate amount does not exceed Fifty pounds, interest shall not be charged;

(ii) if the aggregate amount exceeds Fifty pounds, but does not exceed Two hundred and fifty pounds, interest shall be charged at the rate of two per centum per annum on so much of the aggregate amount as exceeds Fifty pounds; and

(iii) if the aggregate amount exceeds Two hundred and fifty pounds, interest shall be charged—

(1) on the first Two hundred pounds in excess of Fifty pounds, at the rate of two per centum per annum; and

(2) on so much of the aggregate amount as exceeds Two hundred and fifty pounds, at the rate of three and three-quarters per centum per annum; and

(b) each loan included in the aggregate amount shall be apportioned in relation to the aggregate amount in the order of its making or granting and the appropriate rate or rates of interest (if any) on the loan or portions of the loan fixed, in accordance with the last preceding paragraph, accordingly.

(2.) For the purposes of this regulation, any reference to loans under the Australian Soldiers’ Repatriation Regulations shall be read as a reference to loans within the meaning of regulation 53 of those Regulations,

Security not to be avoided, &c, by State laws.

“16. A security shall not be liable to be avoided, invalidated, postponed or defeated, or have its operation lessened, weakened or restricted by any law of a State inconsistent with the Act or these Regulations.

Security effective notwithstanding variations, errors, &c.

“17. The force and effect of a security shall not be lessened, weakened, defeated or avoided by reason of—

(a) any extension of time for the payment of money or for the doing of any act, or other variation of its conditions, granted by the Commission or any officer of the Commonwealth to the person who gave the security or to any other person, but the security shall have effect in all respects as if the time or condition as so extended or varied had at all material times appeared in the security in lieu of the time or condition therein appearing; or

(b) any accidental misdescription of property or premises or any clerical error or omission, and the security shall be read and have effect in all respects as if such misdescription, error or omission had been corrected and the security had at all material times appeared as so corrected.

Service of notices, &c.

“18. Any consent, demand, requirement, notice or application by the Commission to be given to or made to or upon or served upon a person giving a security shall be deemed to have been duly given, made or served, if signed for or on behalf of the Commission and posted in a prepaid letter addressed to the person giving the security at the address stated in the security, and shall be deemed to have been received by that person at the time at which in the ordinary course of post it would have reached that address.

Evidence of liability under security.

“19. Whenever a security is put in suit by the Commission, a certificate by the Deputy Commissioner for the State in which the proceedings are brought, stating the amount then due to the Commission under the security for principal and interest, shall be evidence of the matters stated.

Effect of non-compliance with obligations under a personal security.

“20.—(1.) If any obligation imposed upon a borrower by a personal security for repayment of a loan or by these Regulations is not complied with or if the borrower dies or becomes bankrupt or insolvent or makes any composition with or assignment of his estate to or for the benefit of his creditors, the full amount secured by the security shall become immediately due and payable by the borrower or the executor or administrator of the borrower, as the case may be, and recoverable by the Commission.

(2.) Nothing in this regulation shall make the executor or administrator personally liable for the payment of any moneys due and payable under this regulation.

Obligations under a mortgage of specific chattels.

“21. Unless it is otherwise specifically provided in the mortgage, a security in the form of a mortgage of specific chattels shall impose upon the mortgagor—

(a) an obligation not to sell, dispose of, mortgage, or part with the possession of any of the mortgaged chattels or remove any of them from the premises where they are situated as stated in the mortgage or from any other premises to which they have been removed with the consent of the Commission;

(b) an obligation to keep the mortgaged chattels in good and substantial repair and to preserve them from damage or destruction and to substitute other chattels of a similar kind and of not less value for any of the mortgaged chattels which cease to exist or are destroyed, damaged or deteriorated (which substituted chattels shall for all purposes of the mortgage and these Regulations be included in the term ‘mortgaged chattels’);

(c) an obligation duly and promptly to pay and discharge and keep paid and discharged all rents, rates, taxes, and outgoings of whatsoever kind payable or chargeable upon or in respect of the mortgaged chattels or any of them and the premises where the mortgaged chattels are situated, and to produce and hand over receipts evidencing such payment whenever required so to do by the Commission;

(d) an obligation to insure and keep insured, in the joint names of the Commission and the mortgagor, in an office approved by the Commission for that purpose—

(i) any mortgaged chattels other than motor vehicles against loss or damage by fire; or

(ii) any mortgaged chattel, being a motor vehicle, under a comprehensive policy approved by the Commission against loss or damage by fire, accident or theft,

for the full amount secured by the mortgage;

(e) an obligation to pay and, whenever required by the Commission so to do, to produce and hand over to the Commission receipts evidencing payment of all premiums necessary to keep such insurance in full force and virtue; and

(d) an obligation to permit any officer of the Department to enter the premises where the mortgaged chattels or any of them are situated at all reasonable times and inspect the chattels.

Mortgaged chattels charged for the benefit of the Commission.

“22. A security in the form of a mortgage of specific chattels shall charge for the benefit of the Commission—

(a) the mortgaged chattels and each and every of them;

(b) any chattels substituted by the mortgagor for the mortgaged chattels or any of them; and

(c) where the mortgaged chattels are live-stock—the progeny of the mortgaged chattels and of any chattels substituted for the mortgaged chattels,

with the full amount lent and all interest payable under the mortgage.

Charge on mortgaged chattels not to be lessened.

“23. The charge of the Commission under a security in the form of a mortgage of specific chattels—

(a) shall not be lessened, weakened, postponed, defeated, avoided or discharged by any subsequent sale, disposition or mortgage of the mortgaged chattels; and

(b) shall be subject to any prior existing legal charge upon the mortgaged chattels.

Obligations of mortgagor under mortgage of chattels constituting stock-in-trade.

“24. Unless it is otherwise specifically provided in the mortgage, a security in the form of a mortgage of the chattels constituting the stock-in-trade of a business shall impose upon the mortgagor—

(a) an obligation not to sell, dispose of, mortgage or part with the possession of any of the mortgaged chattels or remove any of them from the premises where they are situated as stated in the mortgage otherwise than in the ordinary and usual course of trade in that business;

(b) an obligation to replace from time to time with other chattels of a similar kind and of not less value all mortgaged chattels which are destroyed, damaged or deteriorated, or sold or disposed of in the course of trade so that the value of the stock-in-trade of the business shall not at any time fall below its value at the date of the mortgage (which other chattels shall for all purposes of the mortgage and these Regulations be included in the terms ‘ mortgaged chattels’);

(c) an obligation to pay and discharge and keep paid and discharged all rents, rates, taxes, and outgoings whatsoever payable on or in respect of the mortgaged chattels and the premises where the mortgaged chattels or any of them are situated and to produce receipts evidencing such payment whenever required so to do by the Commission;

(d) an obligation to insure and keep insured the mortgaged chattels against fire in the joint names of the Commission and of the mortgagor in an office approved by the Commission for that purpose for the full amount secured by the mortgage;

(e) an obligation to pay and, whenever required so to do by the Commission, to produce and hand over to the Commission receipts evidencing payment of all premiums necessary to keep such insurance in full force and virtue; and

(f) an obligation to permit any officer of the Department to enter the premises where the mortgaged chattels or any of them are situated at all reasonable times and inspect the chattels and all business books and documents of the mortgagor.

Charge on stock-in-trade for benefit of Commission.

“25. A security in the form of a mortgage of the chattels constituting the stock-in-trade of a business shall charge for the benefit of the Commission the stock-in-trade of the business for the time being on the premises specified in the mortgage with the full amount lent and all interest payable under the mortgage.

Charge on stock-in-trade not to be lessened.

“26. The charge of the Commission under a security in the form of a mortgage of the chattels constituting the stock-in-trade of a business—

(a) shall not be lessened, weakened, postponed, defeated, avoided or discharged by any subsequent sale, disposition or mortgage of the mortgaged chattels other than a sale or disposition in the ordinary and usual course of trade in that business; and

(b) shall be subject to any prior existing legal charge upon the mortgaged chattels.

Sale of stock-in-trade.

“27. For the purposes of regulations 24 and 26 of these Regulations a sale or disposition of the whole or a substantial part of the stock-in-trade of the business is not a sale or disposition in the ordinary and usual course of trade in that business.

Effect of non-compliance with obligation under mortgage of chattels.

“28.—(1.) If any obligation imposed upon a mortgagor by a security in the form of a mortgage of chattels or by these Regulations is not complied with, or if the mortgagor dies or becomes bankrupt or insolvent or makes any composition with or assignment of his estate to or for the benefit of his creditors—

(a) the Commission may—

(i) by its officers or agents enter, if necessary by force, any premises where the mortgaged chattels or any of them are or are reasonably suspected to be and take possession of and remove the mortgaged chattels;

(ii) sell the mortgaged chattels or any of them either by auction or private contract, and may apply the proceeds of the sale—

Firstly—in reimbursing the expenses of the sale;

Secondly—in payment of any interest payable under the mortgage;

Thirdly—in repayment of the amount lent and due under the mortgage; and

Fourthly—in payment to the mortgagor or the executor or administrator of the mortgagor, as the case may be, of any balance then remaining; or

retain the mortgaged chattels or any of them without sale;

(iii) recover from the mortgagor or the executor or administrator of the mortgagor, as the case may be, the full amount lent and all interest payable under the mortgage after giving the mortgagor or the executor or administrator of the mortgagor, as the case may be, credit for—

(1) any amounts repaid by the mortgagor or the executor or administrator of the mortgagor, as the case may be;

(2) the net proceeds of the sale of any of the mortgaged chattels which have been sold by the Commission; and

(3) the value ascertained by agreement with the mortgagor or the executor or administrator of the mortgagor, as the case may be, or by the valuation of an independent valuer of any of the mortgaged chattels retained by the Commission without sale; or

(b) the Commission may, without having recourse to the mortgaged chattels, recover from the mortgagor or the executor or administrator of the mortgagor, as the case may be, the full amount lent and all interest payable under the mortgage after giving credit for any amount repaid by the mortgagor or the executor or administrator of the mortgagor, as the case may be; or

(c) if the obligation not complied with is the obligation to insure and keep insured the mortgaged chattels, the Commission may insure and keep insured the chattels and the cost of such insurance shall be added to the amount due under the mortgage and for all purposes of the mortgage and these Regulations be deemed to be included in the term ‘amount lent’.

(2.) Nothing in this regulation shall make the executor or administrator personally liable for the payment of any moneys due and payable under this regulation.

Mortgage of chattels to have effect of bill of sale.

“29. A security in the form of a mortgage of chattels shall without filing or registration in accordance with the laws relating to bills of sale in the State or Territory of the Commonwealth in which the mortgaged chattels are situated have the full force and effect of a bill of sale duly and validly filed, registered and renewed and in force under those laws.

Penalty for sale of chattels.

“30.—(l.) A person shall not, without the consent in writing of the Commission, sell, dispose of, or remove or deal with any chattel the subject of a security in the form of a mortgage of chattels in breach of or non-compliance with any obligation imposed upon the mortgagor by the mortgage or by these Regulations.

Penalty: Twenty-five pounds or imprisonment for three months.

(2.) On the conviction of a mortgagor for an offence under this regulation, the Court may, in addition to imposing a penalty—

(a) order the defendant to pay to the Commission the full amount of principal and interest due under the mortgage; or

(b) order the defendant or any other person in possession of the mortgaged chattels or any of them to deliver the chattels to the Commission forthwith.

Register of securities.

“31. To assist in the protection of the public against possible frauds, the Commission shall establish and keep in each State a Register of Securities (other than securities over land) accepted in that State.

Register to be kept in office of Deputy Commissioner.

“32. The Register in each State shall be kept in the office of the Deputy Commissioner for the State.

Entry in Register of particulars of securities.

“33.—(1.) As soon as practicable, but not later than fourteen, days after a security (other than a security over land) has been accepted, particulars of that security shall be entered in the Register.

(2.) As soon as practicable, but not later than fourteen days after a security (other than a security over land) has ceased to be in force, an entry of that fact shall be made in the Register.

Form and contents of entries in Register.

“34. The form and contents of entries to be made in the Register shall be determined from time to time by the Commission.

Searches.

“35.—(1.) Any person shall be entitled to search the Register and make extracts there from on payment of a search fee of One shilling for each period of five minutes occupied in the search, or such search fee as is from time to time determined by the Commission.

“(2.) A person, firm or company shall not print, publish, sell or expose for sale, any book, periodical, pamphlet, circular, handbill, poster, or newspaper, containing any extract made from the Register:

Provided that any organization approved by the Minister may publish extracts from the Register appertaining to mortgages of chattels.

Commonwealth or Commission not liable in respect of entries or omissions.

“36. No liability shall be incurred by the Commonwealth or by the Commission, or by any officer of the Commonwealth by reason of any entry having been made in or omitted from the Register, or by reason of anything having been inserted in or omitted from any entry in the Register.

Inspection of documents.

“37.—(1.) Except as provided in the next succeeding sub-regulation, nothing in these Regulations shall entitle any person to inspect any security or any other document in the possession or under the control of the Commission.

“(2.) A person may, on payment of a fee of Two shillings, inspect any security, being a mortgage of chattels, filed in the office of the Commission.”.

Application of Regulations in relation to securities.

4.The provisions of the Re-establishment and Employment (Allowances and Loans) Regulations, as amended by these Regulations, shall apply to and in relation to all securities, given in pursuance of section 94 of the Act for loans other than loans in respect of an agricultural occupation, whether given before or after the commencement of these Regulations.

_________________________

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