STATUTORY RULES
1916. No. 35.
PROVISIONAL REGULATIONS UNDER THE
WAR PRECAUTIONS ACT 1914-1915.
I, THE
GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice
of the Federal Executive Council, hereby certify that, on account of urgency, the
following Regulations under the WarPrecautions
Act 1914-1915 should come into immediate operation and make the
Regulations to come into operation forthwith as Provisional Regulations.
Dated
this twenty-third day of March, 1916.
R. M. FERGUSON,
Governor-General.
By His
Excellency’s Command,
G. F.
PEARCE,
Minister
of State for Defence.
War Precautions
(Land Transfer) Regulations 1916.
Short
title
1. These Regulations may be cited as the War
Precautions (Land Transfer) Regulations 1916.
2. In these Regulations—
Definitions
“Enemy
subject” means a subject of a country with which the United Kingdom is at war,
and includes any person firm or company with whom or which trading is
prohibited under any proclamation relating to trading with the enemy.
“Naturalized
person of enemy origin” means a person who, having been a subject of a country
with which the United Kingdom is now at war, is a naturalized British subject
by virtue of a certificate of naturalization issued, in any part of the British
Dominions, to himself or his father or mother, or (in the case of a married
woman) to her husband; and includes the wife of any such naturalized person.
Transfer
of land to enemy subjects forbidden.
3. From
and after the date of these Regulations no contract or agreement for the sale
of any land to any enemy subject or providing for the acquisition in any
contingency by an enemy subject of a freehold title to any land shall be entered
into.
Transfer
of land to naturalized persons forbidden without Minister’s consent.
4. From
and after the date of these Regulations no contract or agreement for the sale
of any land to any naturalized person of enemy origin or providing for the
acquisition in any contingency by a naturalized subject of enemy origin of a
freehold title to land, shall be entered into unless the consent in writing of the
Attorney-General has first been obtained.
C.3307.—Price 3d.
Contracts
in contravention of regulations
void
5.
Any contract or agreement entered into in contravention of either of the last
two preceding Regulations shall be void and of no effect.
Certain persons deemed naturalized persons of enemy
origin.
6.
Where, in the case of any person whose father was or is an enemy subject or a
naturalized person of enemy origin, the Attorney-General declares that there is
in his opinion good reason to believe that that person is disloyal, that person
shall, for the purpose of these Regulations, be deemed to be a naturalized
person of enemy origin.
Applications for
Minster’s consent.
7.—(1)
An application for the consent of the Attorney-General, under the provisions of
Regulation 4 of these Regulations shall be made in writing to the
Attorney-General, and shall be accompanied by a statutory declaration giving
full particulars of the name, address, date and place of birth, parentage, and
occupation of the naturalized person, and setting out the area, situation, and
value of the land, and the full particulars of the proposed contract or
agreement, and the grounds upon which the application for the consent of the
Attorney-General is based.
(2) The
Attorney-General may, after making such further inquiry (if any) as he thinks
fit, in his absolute discretion, grant or refuse consent to the application.
Printed and
Published for the Government of the Commonwealth of Australia by Albert J. Mullet,
Government Printer for the State of Victoria.