Treaty of Peace Regulations (Amendment) (Cth)

STATUTORY RULES.

1922. No. 36.

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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 twenty‑second day of February, 1922.

FORSTER,

Governor‑General.

By His Excellency’s Command,

W. M. HUGHES,

Prime Minister.

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Amendment of the Treaty of Peace Regulations.

(As amended to this date.)

1.After regulation 43 of Part II. of these Regulations the following regulations are inserted:—

Custodian may sell property.

“44. Subject to these Regulations the Custodian may sell any property retained by him or vested in him under this part of these Regulations.

Property to be notified in Gazette.

45. (1) Any property offered for sale by the Custodian 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.

“(2) A notification under this regulation shall specify the particulars of the property, the date of the sale, and the place or places where the terms and conditions of sale, the plans, schedules, inventories and other official information in respect of the property may be inspected.

Persons eligible to purchase property.

“46. The Custodian shall not sell any property to any purchaser other than to—

(a)a person who is an Australian soldier within the meaning of the Australian Soldiers’ Repatriation Act 1917‑1920, or who is a natural‑born British subject;

(b)a company in which the majority of the shares are held by persons who are natural‑born British subjects and of which the Articles of Association contain a provision prohibiting the sale or transfer of shares in the company to persons who are not natural‑born British subjects;

(c)a company registered in any part of His Majesty’s Dominions, in which the majority of the shares is held by persons who are natural‑born British subjects and which is approved by the Attorney‑General.

C. 2215.—Price 3d.

 

Sale by tender.

“47. Any person or company may submit to the Custodian by sealed tender an offer to purchase any property notified for sale by the Custodian.

Particulars included in tender.

“48. (1) In each tender the amount of purchase‑money offered in respect of a property shall be shown under the following heads:—

(a) Land and Plantations ;

(b) Buildings of all kinds, including jetties, copra‑dryers, and all fixtures specified in the Official Schedule;

(c) Live stock, plant, machinery, vehicles, vessels, boats and other property specified in the Official Schedule;

(d) Stores specified in the Official Schedule;

Provided that such stores shall be sold to purchasers at landed cost subject to such allowance, if any, for depreciation as shall be arrived at by mutual agreement of vendor and purchaser.

“(2) The tenderer shall also furnish evidence to show that under the provisions of Regulation 46 he is eligible to purchase the property.

Inspection of property.

“49. Each tender shall contain a statement to the effect that the tenderer has inspected the property in respect of which the tender is submitted, or that he is prepared to purchase the property with all faults if his tender is accepted.

Terms of sale.

“50. The terms on which properties shall be offered for sale and purchase are as follow:—

(1) Where the intending purchaser is an Australian soldier within the meaning of the Australian Soldiers’ Repatriation, Act 1917‑1920—

(a) An amount representing five per centum of the purchase‑money shall be forwarded with the tender by way of deposit.

(b)An amount representing ten per centum of the purchase‑money shall be payable within one month of the date of notification to the purchaser that his tender has been accepted;

(c) An amount representing ten per centum of the purchase‑money shall be payable within three months of the date of notification to the purchaser that his tender has been accepted;

(d) The balance of the purchase‑money shall be paid in ten equal annual instalments;

(e) The instalments of purchase‑money for the time being remaining unpaid shall bear interest at the rate of Five pounds per centum per annum and such interest shall be payable at the same time as the annual instalment.

(2) Where the intending purchaser is not an Australian soldier––

(a)An amount representing ten per centum of the purchase‑money shall be forwarded with the tender by way of deposit;

(b) An amount representing ten per centum of the purchase‑money shall be payable within one month of the date of notification to the purchaser that his tender has been accepted;

(c) An amount representing ten per centum of the purchase‑money shall be payable within two months of the date of notification to the purchaser that his tender has been accepted;

(d)An amount representing ten per centum of the purchase‑money shall be payable within three months of the date of notification to the purchaser that his tender has been accepted.

 

(e) An amount representing ten per centum of the purchase‑money shall be payable within four months of the date of notification to the purchaser that his tender has been accepted;

(f) The balance of the purchase‑money shall be paid in five equal annual instalments;

(g)The instalments of 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 at the same time as the annual instalment.

Description of property to be taken as correct.

“51. The description of the properties contained in the particulars shall be based on the description contained in the Register of Titles at Rabaul, and the information given to intending purchasers will be obtained from official sources, and the particulars and information shall be accepted by the purchaser as correct, and any error found therein shall not annul the sale nor entitle the purchaser to be discharged from his purchase or to any reduction of the purchase‑money.

Title.

“52. Upon payment by the purchaser of the full amount of the purchase‑money a proper transfer and title to the property will be executed to the purchaser at the expense of the purchaser. The purchaser shall not, either before or after the payment of the full amount of the purchase‑money, sell or give a mortgage or charge over the property without the express consent of the Commonwealth Government first had and obtained.

Title to be the best title vested in Custodian.

“53. The title that shall issue to the purchaser of a property shall be the best title, vested in the Custodian from the former owner of the property.

Provided that every title shall be subject to any laws or ordinances of the Territory of New Guinea from time to time in force relating to land.

Covenant for maintenance and repair.

“54. Until payment of the full amount of the purchase‑money the purchaser shall covenant with the Custodian that the purchaser will, to the satisfaction of the Custodian or his duly authorized agent, keep and maintain plantations reasonably clean and free from weeds, pests and diseases, and will maintain all other property in good order and condition, fair wear and tear alone excepted.”

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