Treaty of Peace Regulations (Amendment) (Cth)

STATUTORY RULES.

1925. No. 201

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REGULATIONS UNDER THE TREATY OF PEACE (GERMANY) ACT 1919‑1920.

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 (Germany) Act 1919‑1920, to come into operation forthwith.

Dated this 25th day of November, 1925.

SGD. STONEHAVEN

Governor‑General.

By His Excellency’s Command,

for Treasurer.

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Amendment of Treaty of Peace Regulations.

(Statutory Rules 1920, No. 25, as amended to this date.)

1.Regulation 31 of the Treaty of Peace Regulations is amended—

(a) by inserting before the definition of “enemy debt” the following definition:—

“Australian soldier” means a person who is an Australian soldier within the meaning of the Australian Soldiers’ Repatriation Act 1920‑1922, and includes a person, being a British subject, who served with the Naval or Military Forces of any Australian Colony or any State of the Commonwealth of Australia in the South African War which commenced on the eleventh day of October One thousand eight hundred and ninety‑nine and terminated on the thirty‑first day of May One thousand nine hundred and two;”;

(b) by inserting, after the definition of “enemy debt”, the following definition:—

‘“land’ includes any estate or interest in land;”;

(c) by inserting after the definition of “nationals” the following definition:—

‘“plantation’ means property which is specified in the catalogue (if any) issued by the Custodian for the inspection of intending purchasers or in the notification published in pursuance of regulation 45 of these Regulations to be a plantation;”; and

(d) by omitting from the definition of “the Minister” the words “Prime Minister of the Commonwealth” and inserting in their stead the words “Minister for the time being administering this Part of these Regulations”.

2.Regulation 36 of the Treaty of Peace Regulations is amended by omitting from paragraph (b) of sub‑regulation (1d.) the words “sub‑paragraphs (b), (c), (d), and (e)” and inserting in their stead the words “sub‑paragraph (b)”.

C.11248.—Price 8d.

3.Regulation 45 of the Treaty of Peace Regulations is repealed and the following regulation inserted in its stead:—

Intention to sell to be notified,

“45. The intention of the Custodian to sell any property in pursuance of the last preceding regulation shall be notified by the Custodian in the Gazette, the New Guinea Gazette, and in such other manner as the Custodian thinks fit.”

4.Regulation 46 of the Treaty of Peace Regulations is amended—

(a) by omitting from paragraph (a) the words “within the meaning of the Australian Soldiers’ Repatriation Act 1920‑1921”;

(b) by omitting from paragraph (b) the words “the majority of the shares” and inserting in their stead the words “at least two‑thirds of the shares issued by the company”; and

(c) by omitting from paragraph (c) the words “the majority of the shares is” and inserting in their stead the words “at least two‑thirds of the shares issued by the company are”.

Particulars included in tender.

5.Regulation 48 of the Treaty of Peace Regulations is repealed and the following regulations inserted in its stead:—

“48.—(1.) In each tender for a plantation the amount of purchase money offered for the property shall be deemed to be in respect of planted and unplanted land, buildings of all kinds (including jetties and copra driers), live stock, plant, machinery, vehicles, vessels, boats, all fixtures, and plantation equipment, specified in the catalogues, schedules, or inventories issued by the Custodian for the inspection of intending purchasers, coconut palms and other trees, coco‑nuts on palms, coco‑nuts on the ground (not being coco‑nuts collected at the usual places for cutting), and good‑will.

“(2.) The amount of purchase money offered in any such tender shall not be deemed to be in respect of the following property, whether included or not in the catalogues, schedules, or inventories issued by the Custodian for the inspection of intending purchasers:—

(a) Plantation stores on hand, except those specified in the catalogues, schedules or inventories as plantation equipment;

(b) Unexpired contracts with native labourers; and

(c) Coco‑nuts collected at the usual places for cutting, copra and other produce in course of curing, and copra and other produce on hand.

Evidence of qualification of tenderer.

“48a. Each tenderer shall furnish evidence to show that under the provisions of regulation 46 of these Regulations he is eligible to purchase the property.”.

6.Regulation 49 of the Treaty of Peace Regulations is repealed and the following regulation inserted in its stead:—

Property to be purchased with all faults.

“49. Each tender shall contain a statement that the tenderer is prepared to purchase the property with all faults (if any).”

7.Regulation 50 of the Treaty of Peace Regulations is amended—

(a) by omitting the word “properties” and inserting in its stead the words “property, other than that specified in sub‑regulation (2.) of regulation 48 and in regulation 50a of these Regulations,”;

(b) by omitting the words “within the meaning of the Australian Soldiers’ Repatriation Act 1920‑1921” (wherever occurring);

(c) by omitting sub‑paragraphs (c), (d) and (e) of paragraph (1.) and inserting in their stead the following sub‑paragraphs:—

“(c) The balance of the purchase money and interest thereon at the rate of Five pounds per centum per annum calculated quarterly, shall be paid in eighty equal quarterly instalments;

(d) In addition to any payments made in accordance with the last preceding sub‑paragraph, the purchaser may deposit with the Custodian any sum not being less than One pound, and any sum so deposited shall be credited to the purchaser with compound interest calculated yearly at the rate of Five pounds per centum per annum;

(e) Deposits and interest accumulated to the credit of a purchaser under this regulation shall be available for payment of any instalments or arrears of instalments due to the Custodian by the purchaser; and

(f) If at any time the deposits and interest accumulated to the credit of a purchaser under this regulation amount to such a sum as is not less than the capitalised value of the whole of the existing and future liability of the purchaser in connexion with the contract of sale, the Custodian may forthwith apply that sum in discharge of the liability of the purchaser, and may grant a transfer of the property in respect of which the contract of sale was entered into and pay the balance (if any) to the purchaser.”;

(d) by omitting from sub‑paragraph (a) of paragraph (2.) the word “ten” and inserting in its stead the word “five”;

(e) by omitting sub‑paragraphs (e) to (g) of that paragraph and inserting in their stead the following sub‑paragraphs:—

“(c) A further amount representing fifteen per centum (or, at the discretion of the purchaser, a higher percentage) of the purchase money shall be payable before the purchaser shall be entitled to possession of the property;

(d) The balance of the purchase money shall be payable in ten equal annual instalments, the

first of such instalments to be payable at the expiration of one year from the date on which the purchaser becomes entitled to possession of the property;

(e) The purchaser may at any time before the date on which any instalment is payable pay the whole or any portion of that instalment together with interest thereon calculated to the date of payment; and

(f) The purchase money for the time being remaining unpaid shall bear interest at the rate of Six pounds ten shillings per centum per annum, and such interest shall be payable on the thirtieth day of June and the thirty‑first day of December in each year.”.

8.After regulation 50 of the Treaty of Peace Regulations the following regulations are inserted:—

Terms of sale of leaseholds

“50a. The terms on which leaseholds, of which the unexpired period is less than ninety‑nine years, personal property notified for sale in conjunction with any such leasehold, stocks of merchandize in general stores, hotel stocks, and medical stores, appliances, and instruments at hospitals, shall be offered for sale and purchase shall be determined by the Custodian.

“50b. Unless otherwise agreed to by the Custodian, every tenderer for a plantation whose tender is accepted shall, before becoming entitled to possession of the property tendered for, purchase from the Custodian the property specified in sub‑regulation (2.) of regulation 48 of these Regulations, on the following basis:—

(a) Plantation stores on hand—cash, at the value set forth in the books of the Custodian.

(b) Unexpired contracts with native labourers—cash, at the value set forth in the books of the Custodian as the cost of each contract, less a proportionate reduction for the time which has expired, and less deferred wages up to the date on which the benefit of the contract is transferred to the tenderer, who shall assume the obligation to pay deferred wages accrued up to that date; and

(c) Coco‑nuts collected at the usual places for cutting, copra and other produce in course of curing, and copra and other produce on hand—terms of payment and price to be agreed upon.”

Power of Custodian to grant or Reserve right‑of‑way.

“50c.—(1.) Where it has been the custom of the Custodian or of any person acting under the authority or direction of the Custodian in that behalf to pass over or through a plantation, having a frontage to the sea, for the purpose of shipping the produce of, or conveying stores to, a plantation vested in the Custodian or any successor in title to the Custodian, which is contiguous or adjacent to, the first‑mentioned plantation, it, shall be a condition of the sale of the plantation having the frontage to the sea that the Custodian may, at any time before the execution to the purchaser of a proper

transfer and title to the property, reserve or grant, for purposes in connexion with the working of the contiguous or adjacent plantation a right of way to the sea over the plantation having the frontage to the sea in favour of the contiguous or adjacent plantation.

(2.) The Custodian may determine the conditions under which the right of way may be enjoyed, and the portion of the plantation over which it shall be reserved or granted.

Right to possession and power of sale.

“50d.—(1.) If the purchaser of any property is an Australian soldier he shall be entitled to possession of the property upon payment of the amounts specified in sub‑paragraphs (a) and (b) of paragraph (1) of regulation 50 of these Regulations, and upon signing a contract of sale in respect of the property (in these Regulations referred to as the ‘contract of sale’).

“(2.) If the purchaser of any property is not an Australian soldier he shall be entitled to possession of the property upon payment of the amounts specified in sub‑paragraphs (a), (b) and (c) of paragraph (2.) of regulation 50 of these Regulations, and upon signing a contract of sale in respect of the property (in these Regulations referred to as the ‘contract of sale’).

“(3.) Until the whole of the purchase money and interest thereon is paid, all right, title, and interest in the property shall remain vested in the Custodian, and the purchaser shall not, except with the consent in writing of the Custodian, be entitled to assign or transfer the whole or any of his rights under the contract of sale, or to charge those rights in any way with the payment of any money.

“(4.) Upon the purchaser becoming entitled to possession of the property he shall have the right to use for his own benefit the produce of the property subject to a lien on that produce in favour of the Custodian for any moneys payable to the Custodian under paragraph (a) of regulation 57 of these Regulations.

Expenses to be borne by purchaser.

“50e.—(1.) Where any land is brought under the provisions of the Lands Registration Ordinance 1924‑1925 of the Territory of New Guinea after the acceptance of a tender for the purchase of the land, the purchaser shall pay the cost of bringing the land under the provisions of that Ordinance.

“(2.) If after the acceptance of any such tender it is necessary, in accordance with the law for the time being in force, for the land to be surveyed or re‑surveyed, the purchaser shall pay the cost of the survey or re‑survey.”.

9.Regulation 51 of the Treaty of Peace Regulations is amended by inserting after the word “or” (last occurring) the words, “except in the case of an error relating to the area of land or the existence of any building thereon,”.

10.After regulation 51 of the Treaty of Peace Regulations the following regulations are inserted:—

Reduction of purchaser money in case of error as to area, &c.

“51a.—In the case of an error relating to the area of land or the existence of any building thereon found in the particulars and information given to intending purchasers by the Custodian or any person authorized by him, the purchaser shall be entitled in respect thereof to claim a reduction of the purchase money.

Reduction of purchase money in respect of encumbrances or exclusion of land from transfer.

“51b.—Where, after any land is sold or purports to be sold under those Regulations, and before a transfer and title to the land has been executed to the purchaser in pursuance of regulation 52 of these Regulations, it is found—

(a) that any encumbrances or native rights exist in relation to the land which were unascertained at the date of the sale; or

(b) that it is necessary to exclude from transfer to the purchaser a portion of the land over which native rights exist or which is found to be vested in some other person,

the purchaser shall be entitled to have the amount of purchase money in respect of the land reduced in accordance with the provisions of those Regulations.

Manner of reduction of purchase money.

“51c.—(1.) The amount by which the purchase money shall be reduced in accordance with these Regulations, except where the reduction arises by reason of the exclusion from transfer to the purchaser of portion of the land sold, or purporting to be sold, shall be determined by agreement between the Custodian and the purchaser, or, in default of agreement, by reference of any difference or dispute as to the amount to two arbitrators for arbitration, one of the arbitrators to be appointed by the Custodian, and one by the purchaser, and such reference shall be deemed to be a submission within the meaning of the laws of the Territory of New Guinea or the Territory of Papua, as the case requires, for the time being in force relating to arbitration.

“(2.) The amount by which the purchase money shall be reduced by reason of the exclusion from transfer to the purchaser of portion of the land sold or purporting to be sold shall be determined as follows:—

(a) In respect of each hectare of unplanted land so excluded a reduction of Five shillings shall be made; and

(b) In respect of planted land so excluded a reduction shall be made in accordance with the following provisions:—

(i) The value of the whole of the planted land purporting to be sold to the purchaser shall be determined by deducting the value of the whole of the unplanted land purporting to be sold to the purchaser from the total purchase price payable in respect of the whole of the property;

(ii) For the purposes of the last preceding sub‑paragraph the value of the unplanted land shall be calculated at the rate of five shillings per hectare;

(iii) The value determined in accordance with sub‑paragraph (i) of this paragraph shall be deemed to be the value of the coconut palms and cocoa trees growing on the planted land;

(iv) Each coconut palm and each cocoa tree which is ten or more years old shall be reckoned as one unit and each coconut palm and each cocoa tree less than ten years old shall be reckoned as a fraction of a unit, each full year of age being reckoned as one‑tenth of a unit;

(v) The value of the planted land determined in, accordance with sub‑paragraph (i) of this paragraph shall be divided by the total number of units of coconut palms and cocoa trees on the planted land; and

(vi) The amount ascertained in pursuance of the last preceding sub‑paragraph shall be multiplied by the number of units of coconut palms and cocoa trees on the planted land excluded from transfer to the purchaser and the amount resulting shall be the amount by which the purchase money shall be reduced.

11.Regulation. 52 of the Treaty of Peace Regulations is amended by omitting all the words from and including the words “The purchaser shall” to and including the word “obtained”.

12.Regulation 53 of the Treaty of Peace Regulations is amended by adding at the end of sub‑regulation (1.) the following proviso:—

“Provided that gold, silver, copper, tin, antimony, and metals of every description, opals, gems, precious stones, and coal, shale and mineral oils, on, in or under all lands, shall not become the property of the purchaser.”

13.After regulation 54 of the Treaty of Peace Regulations the following regulations are added:—

Insurance of building, &c.

“55.—(1.) Unless the Custodian otherwise determines the purchaser shall, within fourteen days after he becomes entitled to possession of the property, insure with a company approved by the Custodian, and shall, until the full amount of the purchase money has been paid, keep so insured from fire, to the full insurable value thereof, all dwellings, offices, and other permanent buildings, jetties, vehicles, vessels, boats, and copra‑drying kilns included in the property purchased.

“(2.) If the purchaser fails to insure the property in accordance with the provisions of this regulation or, having insured the property, fails for any period of fourteen days or more to keep it so insured, the Custodian or his duly authorized agent may cancel the contract of sale, and, in his discretion, forfeit any moneys previously paid under the contract of sale.

“(3.) Every cover‑note and insurance policy obtained by the purchaser in pursuance of this regulation shall be lodged with the Custodian or his duly authorized agent within fourteen days after the issue of the cover‑note or policy, as the case may be.

Power to enter on purchased land.

“56. The Custodian, or his duly authorized agent, or any inspector whom the Custodian may appoint for the purpose, may, at all reasonable times, enter upon any lands sold under these Regulations for the purpose of ascertaining whether the purchaser is complying with the provisions of these Regulations and the conditions under which the lands were sold.

Rights of Custodian where conditions of sale not observed.

“57. If the purchaser fails to comply with the covenant referred to in regulation 54 of these Regulations—

(a) the Custodian or his duly authorized agent may enter upon the property and effect all repairs and do all work which the Custodian or his duly authorized agent thinks necessary, and the expenses thereby incurred, together with interest at the same annual rate as that which is payable on the purchase money, shall be paid to the Custodian by the purchaser on demand, or by such instalments and at such times as the Custodian determines, and until repayment shall be a charge on the property, and the Custodian shall have a lien over the whole of the produce of the property to secure the repayment of the expenses and interest; or

(b) the Custodian or his duly authorized agent may enter upon and take possession of the property, and thereupon may cancel the contract of sale, and, in his discretion, forfeit any moneys previously paid by the purchaser under the contract of sale.

Action on instalments being overdue.

“58. If at any time any instalment or money payable in respect of a contract of sale or any part of such instalment or money is unpaid for three calendar months next after the time appointed for the payment thereof, then, although no legal demand has been made for payment, the Custodian or his duly authorized agent may enter upon and take possession of the property in respect of which the contract of sale was entered into, and may cancel the contract of sale, and, in his discretion, forfeit any moneys previously paid by the purchaser under the contract of sale.”.

 

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