Treaty of Peace (Hungary) Regulations (Cth)

STATUTORY RULES.

1924. No. 29.

REGULATIONS UNDER THE TREATY OF PEACE (HUNGARY) ACT 1921.

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 Treaty of Peace (Hungary) Act 1921, to come into operation forthwith, and they shall be deemed to have come into operation as from the date on which the Treaty of Peace with Hungary signed at Trianon on the 4th June, 1920, came into force.

Dated this twenty-sixth day of February, 1924.

FORSTER,

Governor-General.

By His Excellency’s Command,

AUSTIN CHAPMAN,

Minister of State for Trade and Customs.

 

Treaty of Peace (Hungary) Regulations.

Short title.

1. These Regulations may be cited as the Treaty of Peace (Hungary) Regulations.

Definition.

2. In these Regulations, unless the contrary intention appears—

“authorized person” means a person authorized in writing by the Public Trustee, and includes the Public Trustee;

“nationals”, in relation to any country, includes the subjects of citizens of that country and any company or corporation incorporated therein according to the law of that country;

“proper authority ” means the Public Trustee or any delegate to whom the Public Trustee has delegated his powers and functions under these Regulations;

“the Minister” means the Minister of State for Trade and Customs;

“the original owner” means the owner of the property immediately prior to the date of the order by which the property was vested in the Public Trustee;

“the Public Trustee” means the Public Trustee appointed under the Trading with the Enemy Act 1914-1921;

“the Treaty” means The Treaty of Peace with Hungary, (including the protocol and declaration annexed thereto) signed at Trianon on the fourth day of June, One thousand nine hundred and twenty, by a representative of the Commonwealth of Australia on behalf of His Majesty the King.

Operation of Sections IV. to VII. of Part X. of Treaty.

3. Sections IV. to VII. of Part X. of the Treaty, which are set out in the Schedule to these Regulations shall have full force and effect on and from the commencement of these Regulations.

C.8637.—Price 8d.

 

Delegation by Minister.

4.―(1) The Minister may, in relation to any particular matters or class of matters, or to any particular State or part of the Commonwealth or Territory under the authority of the Commonwealth, by writing under his hand, delegate to the Public Trustee all or any of his power and functions under these Regulations (except this power of delegation), so that the delegated powers and functions may be exercised by the Public Trustee with respect to the matters or class of matters, or the State or part of the Commonwealth or Territory specified in the instrument of delegation.

2. Every delegation under this regulation shall be revocable at will, and no delegation shall prevent the exercise of any power by the Minister.

Delegation by Public Trustee.

5.—(1) The Public Trustee may, in relation to any particular matters or class of matters or to any particular State or part of the Commonwealth or Territory under the authority of the Commonwealth, by writing under his hand delegate all or any of his powers and functions under these Regulations (except this power of delegation) so that the delegated powers and functions may be exercised by the delegate with respect to the matters or class of matters, or the State or part of the Commonwealth or Territory specified in the instrument of delegation.

(2) Every delegation under this regulation shall be revocable at will, and no delegation shall prevent the exercise of any power by the Public Trustee.

Power to retain and liquidate property of Hungarian nationals.

6. Subject to any contrary stipulations which may be provided for in the Treaty, the Commonwealth may retain and liquidate all property, rights and interests which belong at the date of the coming into force of the Treaty to Hungarian nationals and are within the Commonwealth or any territory under the authority of the Commonwealth.

Property to Hungarian nationals—how charged.

7.—(1) All property, rights and interests within the Commonwealth or any Territory under the authority of the Commonwealth belonging to nationals of the former Kingdom of Hungary at the date when the Treaty came into force (not being property, rights or interests acquired under any general licence issued by or on behalf of the Commonwealth or any authority thereof) and the net proceeds of their sale, liquidation or other dealings therewith, are hereby charged-

(a) in the first place, with payment of the amounts due in respect of claims by British nationals with regard to their property, rights and interests (including companies and associations in which they are interested) in the territories of the former Kingdom of Hungary, or debts owing to them by Hungarian nationals, and with payment of any compensation awarded by the Mixed Arbitral Tribunal, or by an arbitrator appointed by that tribunal in pursuance of paragraph (e) of Article 232 of the Treaty, and with payment of claims growing out of acts committed by the former Austro-Hungarian Government or by any Hungarian authorities since the twenty-eighth day of July, and before the twelfth day of August, One thousand nine hundred and fourteen:

 

Provided that payments in respect of the claims of British nationals for the proceeds of liquidation of their property, rights and interests mentioned in Section IV. of Part X. of the Treaty and in the annex thereto, and the enemy debts owing to them referred to in Article 231 of the Treaty, shall rank in priority to any of the other payments mentioned in this paragraph; and

(b) secondly, with payment of the amounts due in respect of claims by British nationals with regard to their property, rights and interests in the territories of Germany, Austria, Bulgaria, and Turkey, in so far as those claims are not otherwise satisfied:

Provided that any particular property, rights or interests so charged may at any time be released by the Public Trustee acting under the general direction of the Minister from the charge so created.

(2). The payments mentioned in the last preceding sub-regulation may be made by the Public Trustee out of the proceeds of the realization of property, rights and interests charged by the last preceding sub-regulation.

(3). Payments authorized by the last preceding sub-regulation to be made to—

(а) British nationals who were on the: twenty-sixth day of July, 1921, resident in the Commonwealth or in a Territory under the authority of the Commonwealth;

(b) British nationals born in Australia who were on the twenty-sixth day of July, 1921, resident outside the Commonwealth or any Territory under the authority of the Commonwealth; and

(c) Persons who were on the twenty-sixth day of July, 1921, British nationals by virtue of their having been naturalized in the Commonwealth and who were on that date resident outside the Commonwealth or any Territory under the authority of the Commonwealth,

shall be made in priority to payments so authorized to be made to other British nationals.

(4) The Public Trustee may deduct from any amount payable by him under this regulation a commission not exceeding two and one-half per centum of the amount payable.

(5) Where the Public Trustee, whether before or after the commencement of this sub-regulation, releases any property, rights or interests from the charges specified in the last preceding sub-regulation, the release shall, where the property, rights or interests have been vested in the Public Trustee, have the effect of re-vesting the property, rights or interests in the original owner, or, where the original owner is dead or bankrupt, in his personal representative or the official assignee of his property, as the case may be.

(6) The publication in the Gazette of any release to which the preceding sub-regulation applies shall be conclusive evidence of the revesting under that sub-regulation of the property, rights or interests referred to in the release.

(7) Where property, rights or interests are, in pursuance of this regulation, revested in any person that person shall not be entitled, as against the Commonwealth or any authority of the Commonwealth, to compensation or damages in respect of any action taken by the Commonwealth or any such authority in respect of the property rights or interests prior to their being revested in pursuance of this regulation.

 

(8) Any person who, without the consent of the Public Trustee, transfers, parts with, or otherwise deals in any property, right or interest so charged, shall be guilty of an offence against these Regulations.

(9) Every person owning or having the control or management of any property, right or interest, subject to the charge (including where the property, right or interest consists of shares, stocks or other securities issued by a company, municipal authority or other body, or any right or interest therein such company, authority or body) shall, unless particulars thereof have already been furnished to the Public Trustee in accordance with the Tradingwith the Enemy Act 1914-1921, within one month after the date of the commencement of these Regulations by notice in writing communicate the fact to the Public Trustee, and shall furnish the Public Trustee with such particulars in relation thereto as the Public Trustee requires, and if any person fails to do so or furnishes any false information he shall on summary conviction be guilty of an offence against these Regulations.

(10) If any person called upon to pay any money or to transfer or otherwise to deal with any property, rights or interests has reason to suspect that the same are subject to a charge under this regulation, he shall, before paying, transferring, or dealing with the property, rights or interests, report the matter to the Public Trustee, and comply with any directions that the Public Trustee gives with respect thereto, and if any person fails to comply with the provisions of this sub-regulation he shall be guilty of an offence against these Regulations.

(11) The Minister may by order vest in the Public Trustee any property, rights and interests so charged, or the right to transfer the same, and for that purpose section 91 of the Trading with the Enemy Act 1914-1921 shall apply as if the property, rights and interests were property belonging to an enemy or enemy subject.

(12) Where the property charged consists of inscribed or registered stock, shares, or other securities, any company, municipal authority, or other body by whom the securities were issued or are managed shall, on the application of the Public Trustee, enter the Public Trustee in the books in which the securities are inscribed or registered as the proprietor of the securities so charged, and the Public Trustee shall, subject to the approval of the Minister, have power to sell or otherwise deal with the securities as proprietor of which he is so registered or inscribed.

(13) Where any property, right or interest vested in the Public Trustee by the Minister under these Regulations consists of an estate or interest in land, and a copy of the vesting order, certified under the hand of the Public Trustee, is lodged with the Registrar-General or Registrar of Titles or other proper officer of the State or part of the Commonwealth in which the land is situate, the Registrar-General, Registrar of Titles or other proper officer shall, whether the duplicate grant or Certificate of Title in respect of the land is produced or not, register the Public Trustee as the registered proprietor of the land, and shall, upon payment of the proper fee (if any) deliver to him a Certificate of Title in respect thereof.

Revocation of vesting orders by Minister.

8.—(1) The Minister may by order revoke either wholly or in part any order made in pursuance of sub-regulation (11) of regulation seven of these Regulations.

 

(2) An order made under this regulation shall, as respects property of any description in any State or part of the Commonwealth, be sufficient to revest in the original owner or owners any property or the right to transfer any property as provided by the order, without the necessity of any further re-conveyance, assurance or document.

Registration of Public Trustee as registered proprietor of land.

9. Where—

(a) the property right or interest vested in the Public Trustee by the Minister consists of the estate or interest in land of a Hungarian national as heir-at-law or devisee of a deceased registered proprietor of such land under the law in force in the State or part of the Commonwealth in which the land is situated; and

(b) had such estate or interest not been vested in the Public Trustee and had the heir-at-law or devisee not been a Hungarian national, the heir-at-law or devisee would have been entitled under the said law to apply to be registered as proprietor of such estate or interest; and

(c) a copy of the vesting order certified under the hand of the Public Trustee is lodged with the Registrar-General or Registrar of Titles or other proper officer of such State or part of the Commonwealth,

the Registrar-General, Registrar of Titles or other proper officer shall, whether the duplicate grant or Certificate of Title in respect of the land is produced or not, register such vesting order in the Register Book and in the manner as nearly as may be in which dealings with land or an estate or interest therein are registered and deal with and give effect to such vesting order as if the Public Trustee where the heir-at-law or devisee of the deceased registered proprietor and the vesting order were an application duly made under the said law by the Public Trustee as such heir-at-law or devisee to be registered as proprietor of such estate or interest.

Transfer, &c., by Hungarian nationals prohibited

10.—(1) Subject to these Regulations no person who is a Hungarian national shall, without the consent in writing of the Public Trustee, sell, transfer, mortgage, or otherwise dispose of any property, or enter into any contract or agreement for the sale, transfer, mortgage, or disposal of any property in which he has any estate or interest; and any person who commits a contravention of this sub-regulation, shall be guilty of an offence.

(2) Any sale, transfer, mortgage, disposal, contract or agreement, made, granted, or entered into, in contravention of this regulation, shall be void and of no effect.

(3) Any sale, transfer, mortgage or disposal of property by a Hungarian national, and any contract or agreement for the sale, transfer, mortgage or disposal of property by a Hungarian national, made, granted, or entered into since the twenty-sixth day of July, One thousand nine hundred and twenty-one, and before the date of making this regulation, shall be absolutely void and of no effect.

(4) The Public Trustee may, by notice in writing, exempt from the provisions of this regulation any transaction or class of transaction entered into by a Hungarian national.

(5) In this regulation “Hungarian national” means a person who is a national of the former Kingdom of Hungary.

 

Evidence of nationality of person dying on or after date of commencement of Treaty.

11. For the purpose of determining whether the estate or any part of the estate of a person who has died on or after the date on which the Treaty came into force is subject to a charge under regulation seven of these Regulations, the Registrar of probates and administrations of the Supreme Court of a State or other officer authorized under the law of a State to issue probates or administrations may require any person applying for probate of the will of, or administration of the estate of, the deceased person to furnish the Registrar or other officer, as the case may be, with evidence, to the satisfaction of the Registrar or other officer as to the nationality of the deceased person at the date on which the Treaty came into force.

Inspection of documents

12.—(1) Where it appears to a proper authority that an offence has been, or is likely to be, committed by any person, firm or company against these Regulations, or that it is desirable for the purpose of these Regulations to inspect the books, documents and goods of any person, firm or company, the proper authority or an authorized person may—

(a) require any person, firm or company in the control or possession of whom or which any books, documents or goods belonging to the person, firm, or company are, or are suspected by the proper authority to be, to produce the books, documents or goods for his inspection;

(b) require any person, firm or company whom or which the proper authority believes to be able to give information or produce books or documents respecting the business or trade of the person, firm or company to give that information or produce those books or documents;

(c) if accompanied by an officer of the Commonwealth Public Service search any house, premises or place, used or believed by the proper authority to be used in connexion with the business or trade of the person, firm or company or in which the proper authority believes there are any books, documents or goods belonging to, or respecting the business or trade of the person, firm or company; and

(d) if thought fit, impound any books, documents or goods belonging to, or respecting the business or trade of, the person, firm or company.

(2) Any person who obstructs or interferes with any authorized person in the exercise of any power conferred upon him in pursuance of this regulation, and any person, firm or company who or which refuses or fails to produce any books, documents or goods or to give any information when required to do so in pursuance of this regulation shall be guilty of an offence.

Penalty: Five hundred pounds or imprisonment for one year, or both.

(3) Where a person, firm or company has given any information to an authorized person, the information so given may be used in evidence against him or it in any proceedings relating to offences against these Regulations, notwithstanding that he or it only gave the information on being required to do so by the authorized person in pursuance of his powers under this regulation.

 

Power of Public Trustee to make advances.

13. The Public Trustee may, when so authorized in writing by the Minister, advance to any person out of moneys vested in him in pursuance of the Treaty of Peace (Hungary) Act 1921, such sums on such terms and conditions and for such purposes as the Minister directs.

Power of Public Trustee to deal with money paid to him.

14—(1) The Public Trustee may place on deposit with any bank, or invest in any securities, approved by the Treasurer, any moneys paid to him under these Regulations, or received by him from property vested in him under these Regulations.

(2) The Public Trustee shall deal in such manner as the Minister directs with any interest or dividends received on account of such deposits or investments.

Rate of commission to be charged by public Trustee.

15.—(1) The Public Trustee shall charge, in respect of his duties in connexion with the real or personal property of any Hungarian national vested in him or paid to him or coming under his control in pursuance of these Regulations, a percentage in accordance with the following scale upon the total value of the property of that national so vested in, paid to, or coming under the control of the Public Trustee:—

5 per cent. on the first £100 or portion thereof.

2½ per cent. on the next £900 or portion thereof.

1½ per cent. on the next £4,000 or portion thereof.

1 per cent. on the next £5,000 or portion thereof.

½ per cent. on the next £20,000 or portion thereof.

¼ per cent. on the amount in excess of £30,000.

(2) The incidence of the charge as between capital and income shall be determined by the Public Trustee.

(3) 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.

Public Trustee may satisfy claims against property of Hungarian national.

16. Notwithstanding anything contained in these Regulations the Public Trustee may, in such cases as he thinks fit, satisfy out of the property, rights and interests of any Hungarian national vested in him under these Regulations, claims made against such property.

Recommencement of period of prescription.

17. The time at which the period of prescription or limitation of right of action referred to in Article 235 of this Treaty shall begin again to run shall be at the expiration of six months after the coming into force of the Treaty, and the period to be allowed within which presentation of negotiable instruments for acceptance or payment and notice of non-acceptance or non-payment or protest may be made under Article 236 of the Treaty shall be ten months from the coming into force of the Treaty.

Confirmation of Rules effecting closing of contracts.

18. Rules made during the war by any recognised Exchange or commercial association providing for the closure of contracts entered into before the war by an enemy, and any action taken thereunder are confirmed subject to the provisos contained in paragraph 4 (a) of the annex to section V. of Part X. of the Treaty:

Power to defer payment.

19.—(1) The Minister may defer, for such time, not exceeding two years, as he thinks fit, the payment of any amount payable to the Public Trustee.

(2) When the payment of an amount owing by a debtor has been deferred, either under this regulation or under any other authority, the person liable to make such payment shall pay interest on the amount of which payment is deferred, at such rate and from such date as is specified by the Public Trustee.

 

Duly qualified tribunal under Article 245 of Treaty.

20. The duly qualified tribunal for the purposes of Article 245 of the Treaty shall be the Attorney-General of the Commonwealth.

Audit of accounts.

21. The accounts of the Public Trustee shall be subject to audit by the Auditor-General.

Prosecution of offences.

22. Offences against these Regulations may be prosecuted summarily or upon indictment.

Published of offences.

23. The punishment for an offence against these Regulations shall be as follows:—

(а) If the offence is prosecuted summarily—a fine not exceeding Five hundred pounds or imprisonment for any term not exceeding twelve months, or both;

(b) if the offence is prosecuted upon indictment—a fine of any amount or imprisonment for not more than seven years, or both.

 

THE SCHEDULE.

Copy of Sections IV. to VII. of Part X. of Treaty of Peace between the Allied and Associated Powers and Hungary.

Section iv.—Property, Rights and Interests.

Article 232.

1. The question of private property, rights and interests in an enemy country shall be settled according to the principles laid down in this Section and to the provisions of the Annex hereto.

(a) The exceptional war measures and measures of transfer (defined in paragraph 3 of the Annex hereto) taken in the territory of the former Kingdom of Hungary with respect to the property, rights, and interests of nationals of Allied or Associated Powers, including companies and associations in which they are interested, when liquidation has not been completed, shall be immediately discontinued or stayed and the property, rights and interests concerned restored to their owners.

(b) Subject to any contrary stipulations which may be provided for in the present Treaty, the Allied and Associated Powers reserve the right to retain and liquidate all property, rights and interests which, belong, at the date of the coming into force of the present Treaty to nationals of the former Kingdom of Hungary, or companies controlled by them, and are within the territories, colonies, possessions, and protectorates of such Powers (including territories needed to them by the present Treaty) or which are under the control of those Powers.

The liquidation shall be carried out in accordance with the laws of the Allied or Associated State concerned and the owner shall not be able to dispose of such property, rights or interests nor to subject them to any charge without the consent of that State.

Persons who within six months of the coming into force of the present Treaty show that they have acquired ipso facto in accordance with its provisions the nationality of an Allied or Associated Power, including those who under Article 62 obtain such nationality with the consent of the competent authorities or in virtue of previous rights of citizenship (pertinenza), will not be considered as nationals of the former Kingdom of Hungary within the meaning of this paragraph.

(c) The price or the amount of compensation in respect of the exercise of the right referred to in paragraph (b) will be fixed in accordance with the methods of sale or valuation adopted by the laws of the country in which the property has been retained or liquidated.

(d) As between the Allied and Associated Powers and their nationals on the one hand and nationals of the former Kingdom of Hungary on the other hand, as also between Hungary on the one hand and the Allied and Associated Powers and their nationals on the other hand, all the exceptional war measures, or measures of transfer, or acts done or to be done in execution of such, measures as defined in paragraphs 1 and 3 of the Annex hereto shall be considered as final and binding upon all persons except as regards the reservations laid down in the present Treaty.

(e) The nationals of Allied and Associated Powers shall be entitled to compensation in respect of damage or injury inflicted upon their property, rights or interests, including any company or association in which they are interested, in the territory of the former Kingdom of Hungary, by the application either of the exceptional war measures or measures of transfer mentioned in paragraphs 1 and 3 of the Annex hereto. The claims made in this respect by such nationals shall be investigated, and the total of the compensation shall be determined by the Mixed Arbitral Tribunal provided for in Section VI. or by an arbitrator appointed by that Tribunal. This compensation shall be borne by Hungary, and may be charged upon the property of nationals of the former Kingdom of Hungary, or companies controlled by them, as defined in paragraph (b), within the territory or under the control of the claimant’s State. This property may be constituted as a pledge for enemy liabilities under the conditions fixed by paragraph 4 of the Annex hereto. The payment of this compensation may be made by the Allied or Associated State and the amount will be debited to Hungary.

(f) Whenever a national of an Allied or Associated Power is entitled to property which has been subjected to a measure of transfer in the territory of the former Kingdom of Hungary and expresses a desire for its restitution, his claim for compensation in accordance with paragraph (e) shall be satisfied by the restitution of the said property if it still exists in specie.

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