Trading with the Enemy Regulations 1916 (Cth)

Case
No judgment structure available for this case.

STATUTORY RULES.

1916. No. 192.

________

REGULATIONS UNDER THE TRADING WITH THE ENEMY ACT 1914–1916.

I, SIR ARTHUR STANLEY, Governor of the State of Victoria and its Dependencies in the Commonwealth of Australia, acting as the Deputy of the Governor-General in accordance with the provisions of the Constitution, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Trading with the Enemy Act 1914–1916, to come into operation on the first day of September, 1916.

Dated this sixteenth day of August, 1916.

A. L. STANLEY,

Deputy of the Governor-General.

By His Excellency’s Command,

FRANK G. TUDOR,

Minister of State for Trade and Customs.

__________

Trading with the Enemy Regulations 1916.

Short title.

1. These Regulations may be cited as the Trading with the Enemy Regulations 1916.

Definition.

2. In these Regulations “the Act” means the Trading with the Enemy Act 1914–1916.

Forms for use under the Act.

3. (1) Payments made under sub-section (1.) of section 9a of the Act shall be accompanied by particulars in accordance with Form A1 in the Schedule.

(2) Payments made under sub-section (5.) of section 9a of the Act shall be accompanied by particulars in accordance with Form A2 in the Schedule.

(3) Payments made under sub-section (10.) of section 9a of the Act shall be accompanied by a statement of particulars in accordance with Form A3 in the Schedule.

(4) The particulars which are required to be furnished to the Public Trustee under sub-section (1.) of section 9b of the Act shall be in accordance with such of the Forms B, D, E, Fl, or F2, in the Schedule, as is appropriate to the case.

(5) The particulars required to be furnished under sub-section (5.) of section 9b of the Act shall be in accordance with Form C l in the Schedule.

C.8458.—Price 3d.

 

(6) The particulars required to be furnished under sub-section of section 9b of the Act shall be in accordance with Form C2 in the Schedule.

(7.) The particulars required to be furnished under section 9j of the Act shall be in accordance with Form I in the Schedule.

Public Trustee may require additional particulars.

4. The Public Trustee may require, in any case, such other or additional particulars as he thinks fit.

Fees charged by Public Trustee.

5. (1) The Public Trustee shall charge, in respect of his duties is percentage at the rate of Five pounds per centum upon all moneys paid to or collected by or coming under his control.

(2) Fractional parts less than the moiety of the pound sterling shall be disregarded in the calculation of the amount payable for percentage under sub-Regulation (1) of this Regulation.

__________

THE SCHEDULE.

S. 9 A. (1).

Form A

Commonwealth of Australia.

The Trading with the Enemy Act 1914–1916.

Date,  191

From (a)

To the Public Trustee.

Particulars of the sum of £  representing dividends, interest, share of profits, interest on securities issued by or on behalf of any Government corporation, or municipal or other authority, or amount by way payment of any securities, payable to (b)  of   being an enemy subject.

Description of Dividends, Interest, Share of Profits, or other Sums as above.

Period in respect of which the Dividends, Interest,

   Share of Profits, or other Sums are payable.

Amount.

£

s.

d.

Signed—

(By person, firm, or company).

(a) Here insert name and full address of person, firm or company furnishing this return.

(b) Here insert full name of person or body of persons to whom payable.

(c) Here insert full address.

Note a.—“Securities” includes stock, shares, annuities, bends, dentures, debenture stock, or other obligations.

Note b.—A separate return must be furnished in respect of each or body of persons, being an enemy subject, to whom an amount is payable.

 

Form A.2.

59a.(5)  Commonwealth of Australia.

The Trading with the Enemy Act 1914–1916.

Date, 191

From (a)

To the Public Trustee.

Particulars of the sum of £  , representing dividends, interest, share of profits interest on securities issued by or on behalf of any Government, Corporation, or municipal or other authority, or amount by way of payment off of any securities, payable to (b)  of (c)  being an enemy subject, which have, before the first day of September, 1916, been paid into the account of  with the  Bank, or to  in trust for such enemy subject.

Description of Dividends, Interest, Share of Profits, or other Sums as above.

Period in respect of which the Dividends, Interest, Share of Profits, or other Sums are payable.

Amount.

Name and full address of Bank or Person to whom paid.

Date of payment.

Date of notice to Bank or Person to pay Public Trustee.

£ s. d.

Signed—

(By person, firm, or company).

(a) Here insert name and full address of person, firm or company furnishing this return.

(b)Here insert full name of person or body to persons to whom payable.

(c) Here insert full address.

note A.—“Securities” includes stock, shares, annuities, bonds, debentures, debenture stock, or other obligations.

note B.—A separate return must be furnished in respect of each enemy subject to whom an amount is payable.

__________

Form A3.

59a. (10).

Commonwealth of Australia.

The Trading with, the Enemy Act 1914–1916.

Date,  191

From(a)

To the Public Trustee.

Particulars of the sum or sums which, had a state of war not existed, would have been transmissible by me to (b)  of (c)   being an enemy subject, which sum or sums have arisen by way of profits from the Business of (d)

carried on by me on behalf of such enemy subject.

Period in respect of which such Sum or Sums were payable.

Amount.

£

s

d.

Signed—

(a)Here insert name and full address of person furnishing this return.

(b) Here insert full name of person or body of persons to whom transmissible.

(c) Here insert full address.

(d)Here insert nature of business.

Note. —A separate return for each separate business must be furnished.

 

S. 9 B. (1). Form b

Commonwealth of Australia.

The Trading with the Enemy Act 1914–1916.

Date, 191

From (a)

Nature of Trusteeship —

To the Public Trustee.

Particulars of property held or managed for or on behalf of (b)   of (c)  being an enemy subject.

Realty.

Personalty.

Amount and Particulars of Lien (if any).

Full Description of Real Property.

Approximate Capital.

Full Description of Personal Property.

Nominal Value.

Approximate annual Income.

£

s.

d.

£

s.

d.

£

s.

d.

Signed—

(By person or company holding or managing the property)

(a)Here insert name and full address of person or company furnishing this return.

(b)Here insert full name of person or body of persons for whom held.

(c) Here insert full address.

Note.— (1) A separate return for each enemy subject must be furnished.

(2)Return in this form must not be furnished by a company in respect of its enemy shareholders, nor by a firm in respect of its enemy partners. In such case Forms C1 and C2 respectively apply.

________

S. 9 B. (5).  Form C

commonwealth of Australia.

The Trading with the Enemy Act 1914–1916

Date,  191

From (a)

Nature of business—

Issued capital—

To the Public Trustee.

Particulars of all shares, stock, debentures, debenture stock, and other obligations of the above-mentioned company held by or for the benefit of (b)  of (c)   being an enemy subject.

Description of Shares, Stock, Debentures, Debenture Stock, or other obligations.

Nominal Value of each Holding.

£. s. d.

Signed—

(By Manager or other responsible official of company, who must state position therein.)

(a) Here insert name and full address of company on behalf of which this return is made.

(b) Here insert full name of Shareholder or other person.

(c) Here insert full address.

Note.—A separate return must be furnished in respect of each enemy subject.

 

59 B (6). Form C2

Commonwealth of Australia.

The Trading with the Enemy Act 1914–1916.

Date,  191

From (a)

Nature of business—

To the Public Trustee.

Particulars of any share of profits and interest due to (b)  of (c

being an enemy subject.

Amount of Enemy Capital in, or of Enemy Loan to, above-mentioned Firm.

Share of Profits or Interest due as above.

Period covered by such Share of Profits or Interest.

£ s. d.

Signed—

(By every Partner.)

(a)Here insert name and full address of firm whose partners sign this return, also full names of all the partners of such firm.

(b) Here insert full name of partner or other person.

(c) Here insert full address.

Note.—A return in this form is required to be signed by every partner of every firm—

(a) which is an enemy subject; or

(b) one or more partners of which on the commencement of the war become enemy subjects; or

(c) to which money had been lent for the purpose of the business of the firm by a person who so become an enemy subject.

____________

51 B, (1).  Form D.

Commonwealth of Australia.

The Trading with the Enemy Act 1914–1916.

Date,  191

Form (a)

Nature of Trusteeship—

To the Public Trustee.

Particulars of property held for safe custody on behalf of (b)   of (c)  being an enemy subject.

Description of Property held.

Estimated Value (if known).

£

s.

d.

Signed—

(By person or company holding the property.)

(a) Here insert name and full address of person or company furnishing this return.

(b) Here insert full name of person or body of persons.

(c) Here insert full address.

Note.— (l) Where not known, the contents of sealed boxes, packages. &c., not be ascertained.

(2) A separate return must be furnished in respect of each enemy subject.

 

S. 9 B. (1).  Form F

Commonwealth of Australia.

The Trading with the Enemy Act 1914–1916.

Date,  191

From (a)

Nature of Trusteeship—

To the Public Trustee.

Particulars of income received from property recorded with the Trustee on Form B or Form D and held or managed for or on behalf of (b)    of (c)

an enemy subject.

Realty (Each item to be stated separately).

Personalty (Each item to be stated separately).

Period during which amounts of Incomes received.

Full description and value of Real Property.

Amount of Income received.

Full description and value of Personal Property.

Amount of Income received.

£

s.

d.

£

s.

d.

Signed—

(By person or company holding or managing the property

(a)Here insert name and full address of person or company furnishing this return.

(b) Here insert full name of person or body of persons for whom held or managed.

(c) Here insert full address.

Note.—(1) Returns in this form must not be furnished in respect of dividends, interest, or share of profits, in which cases Form A1, A2 and A3 apply.

(2) The first return in this form shall cover the income received during that portion of the war period up to 31st August 1916 during which the property has been held or managed as above.

(3) Returns shall subsequently be furnished in respect of the quarter from 1st September 1916 to 30th November 1916, and for each quarter thereafter.

(4) A separate return must be furnished in respect of each enemy subject.

(5) If no income has been received since date of previous return, a nil return is required.

________

S. 9 B. (1).  Form 11

Commonwealth of Australia.

The Trading with the Enemy Act 1914–1916.

Date,  191

From (a)

Nature of Trusteeship—

To the Public Trustee.

Particulars of balances and deposits standing to the credit of (b)   of (c)  being an enemy subject.

Amount.

Nature of Balances or Deposits.

Amount and Particulars of Lien (if any)

£.

  

s.

 

d.

 

Signed—

(By person or company holding balance or deposit.

(a) Here insert name and full address of person or company furnishing this return.

(b) Here insert full name of person or body of persons.

(c) Here insert full address.

Note.— Every person or company who holds or manages property in the form of a balance or deposit for or on behalf of an enemy subject is require render a return in this form.

In the case of any balance or deposit standing to the credit of an enemy subject at a bank, the latter is deemed to be “a company or person holding or managing property for or on behalf of an enemy subject.”

A separate return must be furnished in respect of each enemy subject.

Form F2.

Commonwealth of Australia.

The Trading with the Enemy Act 1914–1916.

Date  191  .

From (a)

To the Public Trustee.

Particulars of the debt or debts, to the amount of £50 or upwards, which are due or which, had a state of war not existed, would have been due to (b)   of (c)   being an enemy subject.

Amount of Debt or Debts.

Nature of Debt or Debts.

Amount and Particulars of Lien (if any).

£

s.

d.

 

Signed—

(By debtor.)

(a) Here insert name and full address of person or company furnishing this return.

(b) Here insert full name of person or body of persons.

(c) Here insert full address.

Note. —A separate return must be furnished in respect of each enemy subject.

_______

5 9 J.  FORM I.

Commonwealth of Australia.

The Trading with the Enemy Act 1914–1916.

Date, 191 .

From (a)

To the Public Trustee.

Particulars of all stocks, shares, debentures, or other securities issued by any company, Government, municipal or other authority, held by me or in which I aminterested, and of all other property of the value of Fifty pounds or upwards belonging to me or in which I am interested.

Description of Stocks, Shares, Debentures or other Securities and other Property as above.

Held by—

If not held by me, full address of person, firm or company holding the property, and capacity in which held.

Nominal Value of each holding, or Value of property.

£ s. d.

Signed—

(By enemy subject).

(a)Here insert name and full address of enemy subject furnishing this return.

__________________________

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0