War Precautions Regulations 1915 (Amendment) (Provisional) (Cth)
STATUTORY RULES.
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
Dated this twenty-ninth day of January, 1916.
R. M. FERGUSON,
Governor-General.
By His Excellency’s command,
G. F. PEARCE,
Minister of State for Defence.
Amendment of the War Precautions Regulations 1915.
(Statutory Rules 1915, No. 130, as amended by Statutory Rules 1916, No. 11.)
After Regulation 49D of the War Precautions Regulations the following Regulations are inserted:—
“49DA. In the next seven succeeding Regulations—
‘Enemy subject’ means a subject of a country with which the United Kingdom is at war;
‘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;
‘Public Trustee’ means a person nominated by the Governor-General as a public trustee.
“49DB. Every enemy subject who is a shareholder in a company incorporated in the Commonwealth shall, on or before the fifteenth day of April, 1916, transfer his shares to a public trustee with full authority to hold them until twelve months after the end of the war or to sell them in accordance with Regulation 49DD.
C.1047.—Price 3d.
“49DC. Every naturalized person of enemy origin who is a shareholder in a company incorporated in the Commonwealth shall, except so far as he is exempted as hereinafter provided, on or before the fifteenth day of April, 1916, transfer his shares to a public trustee with full authority to hold them until twelve months after the end of the war or to sell them in accordance with Regulation 49DD.
“49DD.—(1) Any enemy subject or naturalized person of enemy origin, who has transferred his shares to a public trustee in accordance with either of the last two preceding Regulations, may apply in writing to the Attorney-General for a direction to the public trustee to sell the whole or any part of the shares which have been transferred to him.
“(2) The Attorney-General may, if he thinks fit, and whether he has received any such application or not, direct the public trustee to sell the whole or any part of any shares which have been transferred to him, and the public trustee shall sell the shares accordingly.
“(3) The proceeds of the sale of any such shares shall, unless the Attorney-General otherwise directs, be paid, by the public trustee to the person by whom the shares were transferred to him.
“(4) From and after the date of these Regulations dividends of any shares which—
(
a ) have been transferred to a public trustee; or(
b ) are held by enemy subjects,
shall be paid to a public trustee, and dividends of any shares held by naturalized persons of enemy origin shall, if the Attorney-General so requires, be paid to a public trustee.
“(5) The Attorney-General may, if he thinks fit, direct that the whole or some portion of any dividends paid to a public trustee in pursuance of sub-Regulation (4) of this Regulation be paid by the public trustee to the person by whom the shares were transferred, for the purpose of providing a reasonable living allowance for that person and his dependants.
“49DE. 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 purposes of the last four preceding and the next three succeeding Regulations be deemed to be a naturalized person of enemy origin.
“49 DF.—(1) Any application for exemption from the provisions of Regulation 49DC 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 applicant, and setting out the names of the companies incorporated in Australia in which he owns shares, and the number and estimated value of the shares, and the grounds upon which the exemption is based.
“(2) Every such application shall, after such further inquiry (if any) as the Attorney-General thinks fit to require, be dealt with by the Attorney-General in his absolute discretion, according to his opinion of its merits.
“49DG.—(1) Where any shares have been transferred to a public trustee in pursuance of Regulation 49DB or 49DC, neither the public trustee nor the Commonwealth shall be under any liability—
(
a ) to pay any calls which fall due upon the shares, or any of them; or(
b ) in respect of any failure to pay calls.
“(2) The public trustee may, if he thinks fit, at the request of the person by whom the shares were transferred to him, and shall, if so directed by the Attorney-General, pay any calls on any shares out of—
(
a ) funds supplied to him for that purpose by the person by whom the shares were transferred to him, or his legal personal representative; or(
b ) any proceeds in his hands of the sale of any of the shares transferred to him by that person.
“49DH.—(1) From and after the date of these Regulations, any enemy subject, and any naturalized person of enemy origin to whom the Attorney-General has refused to grant an exemption from the provisions of Regulation 49DC, who sells or otherwise disposes of any shares to any person other than a public trustee, and any person who buys shares from any enemy subject or any such naturalized person of enemy origin, shall be guilty of an offence, and any sale or transfer of shares in contravention of this Regulation shall be void and of no effect.
“(2) Upon application made to him in writing, the Attorney-General may, if he thinks fit, inform the applicant whether any person named by him is believed by the Attorney-General to be an enemy subject, or a naturalized person of enemy origin to whom the Attorney-General has refused to grant an exemption from the provisions of Regulation 49DC.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of
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