War Precautions (Enemy Shareholders) Regulations 1916 (Amendment) (Provisional) (Cth)

STATUTORY RULES.

1916. No. 54.

PROVISIONAL REGULATIONS UNDER THE WAR PRECAUTIONS ACT 1914-1915.

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 certify that, on account of urgency, the following Regulations under the War Precautions Act 1914-1915 should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.

Dated this fourteenth day of April, 1916.

A. L. STANLEY,

Deputy for the Governor-General.

By His Excellency’s Command,

G. F. PEARCE,

Minister of State for Defence.

 

Amendment of the War Precautions (Enemy Shareholders) Regulations (Statutory Rules 1916, No. 38, as amended by Statutory Rules 1916, No. 42).

1. Regulation 2 of the War Precautions (Enemy Shareholders) Regulations is amended by adding at the end thereof the following sub-regulations:—

“(3) Notwithstanding anything contained in this Regulation, the Attorney-General may if he thinks fit declare that as regards any enemy subject or naturalized person of enemy origin—

(a) who is or was—

(i) a subject of the Sultan of Turkey, and an Armenian and a Christian, or

(ii) the wife of any such subject, and

(b) to whom in the opinion of the Attorney-General it is not desirable that the provisions of these Regulations should apply,

these Regulations shall not apply, and thereupon such person shall for the purposes of these Regulations not be deemed to be an enemy subject or a naturalized person of enemy origin, as the case may be.

C. 4982.—Price 3d.

 

“(4) The Attorney-General may if he thinks fit exempt from the provisions of some or all of these Regulations any company class of companies to which in his opinion it is not desirable that these Regulations should apply, and the shareholders of any such company or class.”

2. After Regulation 2 of the War Precautions (Enemy Shareholders) Regulations the following Regulation is inserted:—

Enemy subjects whose parents were naturalized in a State deemed naturalized persons.

“2A.—(1) For the purposes of these Regulations any shareholder who is a subject of a country with which the United Kingdom is at war but whose father was, prior to the commencement of the Naturalization Act 1903, naturalized in a State of the Commonwealth, or in a Colony which has become a State, shall be deemed to be a naturalized person of enemy origin.

“(2) The provisions of these Regulations relating to—

(a) applications by naturalized persons of enemy origin for exemption;

(b) the payment of dividends to naturalized persons of enemy origin; and

(c) the transfer of shares to the public trustee,

shall apply to such shareholders as if the thirtieth day of April 1916 were substituted for the fifteenth day of April 1916.”

3. Regulation 7 of the War Precautions (Enemy Shareholders) Regulations is amended—

(a) by inserting after the words “before that date” the words “or under any settlement made before that date,”; and

(b) by inserting after the words “will of the deceased,” the words “or of the estate,”.

4. Sub-regulation (1) of Regulation 8 of the War Precautions. (Enemy Shareholders) Regulations is amended—

(a) by omitting the word “transfer” (wherever occurring), and inserting in its stead the words “sale or disposal”; and

(b) by inserting after the word “incorporated” the words “upon application made before the thirtieth day of June 1916,”.

5. Sub-regulation (4) of Regulation 11 of the War Precautions (Enemy Shareholders) Regulations is amended by inserting after the word “sell” the words “the whole or part of”.

6. Sub-regulation (2) of Regulation 14 of the War Precautions (Enemy Shareholders) Regulations is amended—

(a) by omitting the word “buys” and inserting in its stead the words “without the consent in writing of the Attorney-General buys or acquires”;

(b) by inserting after the word “sells” the words “or otherwise disposes of”; and

(c) by inserting after the words “enemy subject or” the words “who without the consent in writing of the Attorney-General sells or otherwise disposes of shares.”

 

7. Regulation 15 of the War Precautions (Enemy Shareholders) Regulations is amended—

(а) by omitting from sub-regulation (1) thereof all words from and including the words “a list verified by statutory declaration”, and inserting in their stead the words “a statement showing whether any enemy subject or any naturalized person of enemy origin held shares in any Australian register of the Company on the twenty-ninth day of January 1916, and if so the name and full address of each such enemy subject, and each such naturalized person of enemy origin, together with the number of shares held by him; and on or before the thirty-first day of May 1916 every Company in connexion with which a register of shares is kept at any place outside Australia shall forward to the Attorney-General a statement showing whether any enemy subject or any naturalized person of enemy origin held shares in any such register of the Company on the twenty-ninth day of January 1916, and if so the name and full address of each enemy subject and each such naturalized person of enemy origin, together with the number of shares held by him.”;

(b) by inserting after sub-regulation (1) the following sub-regulation:—

“(1A) The statements shall be verified by statutory declaration of the managing director, manager, secretary or other proper officer of the Company.”

(c) by inserting in sub-regulation (2) after the word “naturalization” and within the bracket the words “, and, in the case of a beneficiary of an estate of which the shareholder is a trustee, the nationality of the beneficiary.”; and

(d) by adding at the end thereof the following sub-regulation:—

“(3) A co-operative company and a company of a class approved by the Attorney-General in pursuance of Regulation 17 of these Regulations, which satisfies the Attorney-General that not more than twenty per centum of the shares of the company, in number and value, are held by enemy subjects and naturalized persons of enemy origin, shall not be required to include in any statement prepared for the purpose of sub-regulation (1) of this Regulation the name of any shareholder the face value of whose shares does not exceed Fifty pounds.”.

 

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