War Precautions (Active Service Moratorium) Regulations 1916 (Amendment) (Cth)

STATUTORY RULES.

1919. No. 201.

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REGULATIONS UNDER THE WAR PRECAUTIONS ACT 1914–1918.

I, WILLIAM HILL IRVINE, the Deputy of 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 War Precautions Act 1914–1918, to come into operation forthwith.

Dated this eighth day of August, 1919.

W. H. IRVINE,

Deputy of the Governor-General.

By His Excellency’s Command,

E. J. RUSSELL,

Acting Minister of State for Defence.

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Amendment of War Precautions (Active Service Moratorium) Regulations 1916.

(Statutory Rules 1916, No. 163, as amended by Statutory Rules 1916, No. 283, Statutory Rules 1917, No. 271, Statutory Rules 1918, Nos. 81, 238, and 314; and by Statutory Rules 1919, Nos. 112 and. 173.)

After regulation 9 of the War Precautions (Active Service Moratorium) Regulations, the following regulation is inserted:—

“9a. (1.) Notwithstanding anything contained in these Regulations any Court may, upon the application of the mortgagor or purchaser made not less than one month before the date to which the payment of—

(a) the principal money secured by a mortgage, or

(b) the purchase money (or any instalment thereof) payable under an agreement,

has been postponed under these Regulations (in this regulation referred to as ‘the prescribed date for payment’), make an order, on such terms and conditions (if any) as the Court thinks fit, extending the date for payment of the principal money, purchase money, or instalment, as the case may be, for a further period of not more than twelve months, and may fix the intervals of time and rate at which interest is payable during such further period.

“(2.) In this regulation ‘the Court’ means the High Court, or the Supreme Court of a State, or a County or District Court, or a Local Court consisting of a Special or Stipendiary Magistrate.

“(3.) An application under this regulation, other than an application to a Local Court, may be made on summons, which must be served on, or by motion which must be notified to, such persons as the Court considers entitled thereto, or ex parte in any case in which by reason of special circumstances the Court considers such procedure to be just and equitable; and an application to a Local Court may be made on summons which must be served on all persons affected by the application at least seven clear days before the day appointed for the hearing of the application.

 

“(4.) An application under this regulation shall not be granted unless the Court is satisfied—

(a) that the obligation to repay the principal sum, purchase money or instalment, as the case may be, by the prescribed date for payment would involve serious hardship to the mortgagor or purchaser;

(b) that the conduct of the mortgagor or purchaser in respect of dealings with the mortgagee or vendor has not been such as to render him undeserving of the benefit or protection of this regulation; and

(c) that the granting of the application would not seriously embarrass the mortgagee or vendor.

“(5.) The jurisdiction conferred on the Court by this regulation may be exercised by a Justice or Judge of the Court sitting either in Court or in Chambers, or, in the case of a Local Court, by a Special or Stipendiary Magistrate.

“(6.) The Court may make all such orders in the matter of the application, including any order as to costs, as, having regard to the objects of these Regulations and the circumstances of the case, it deems proper:

Provided that the costs of the application shall be borne by the applicant unless, from the circumstances of the case the Court thinks fit to order otherwise.

“(7.) The order of the Court upon any such application shall be final; and no order or direction, whether interlocutory or final, in the matter of any such motion, and no other proceeding under this regulation, shall be appealed against, questioned, or reviewed in any manner whatsoever, or be restrained or removed by prohibition, injunction, certiorari, or otherwise howsoever.

“(8.) Where, in pursuance of this regulation, a Court has made an order extending for any period the date for payment of any instalment payable under any agreement, the Court may, by the same or a subsequent order, extend for a like period the date for payment of any subsequent instalment payable under that agreement, and fix the intervals of time and rate at which interest is payable during that period.”

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