War Precautions Regulations 1915 (Amendment) (Provisional) (Cth)

STATUTORY RULES.

1915. No. 184.

PROVISIONAL REGULATION UNDER THE WAR PRECAUTIONS ACT 1914-1915.

War Precautions Regulations 1915—Regulations 64a—Addition

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, do hereby certify that, on account of urgency, the following regulation under the War Precautions Act 1914-1915 should come into immediate operation, and make the regulation to come into operation forthwith as a Provisional Regulation.

Dated the twenty-seventh day of September, 1915.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

G. F. PEARCE.

 

Payment of Money Due to Interned Persons.

After Regulation 64 of the War Precautions Regulations (Statutory Rules 1915, No. 77) the following Regulation is inserted:—

“64a. (1) Where any person, being the subject of a State at war with the King, or a naturalized British subject of enemy origin, is detained in military custody, under the warrant of the Minister issued in pursuance of any regulations made under the Act, no money shall be paid to him, or to his credit, or to any other person for his benefit, without the written permission of the Minister.

(2) Any money which, in pursuance of the last preceding sub-regulation, the Minister refuses to permit to be paid to any person may be paid to the Comptroller-General of Customs, or to any officer of Customs authorized in that behalf by the Comptroller-General, together with a statutory declaration stating the name of the person on whose behalf or in whose interest the money is being paid, and the transaction or matter (if any) in respect of which it is being paid.

(3) The Comptroller-General or officer shall, if he is satisfied that the person in whose interest the money is being paid is a subject of a State at war with the King or a naturalized British subject of enemy origin, and is detained in military custody in pursuance of any regulation made under the Act, receive the money, and give a receipt therefor stating the name of the person by whom it was paid and the name of the person in whose interest it was paid.

(4) If the payment is made by a debtor in the interest of a creditor the receipt shall be a good and valid discharge to the debtor as against the creditor and all persons claiming through or on behalf of the creditor.

C.13632.—Price 3d.

 

(5) The Comptroller-General or officer shall pay the money into a Trust Account to be established for that purpose by the Treasurer under the Audit Act 1901-1912.

(6) The Treasurer may pay the money to theperson in whose interest it was paid, his executors or administrators, on demand made after the termination of the present state of war, or before that time if the person is released from military custody.”

 

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