Commonwealth Inscribed Stock Regulations (Amendment)

Legislation au C1931L00017 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1931. No. 17.

REGULATIONS UNDER THE COMMONWEALTH INSCRIBED STOCK ACT 1911-1927.

I, 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 Commonwealth Inscribed Stock Act 1911-1927, to come into operation forthwith.

Dated this twenty-third day of February, 1931.

ISAAC A. ISAACS

Governor-General.

By His Excellency’s Command,

JOHN. A. BEASLEY

for Treasurer.

Amendment of Commonwealth Inscribed Stock Regulations.

(Statutory Rules 1927, No. 157, as amended to this date.)

1. Regulation 17 of the Commonwealth Inscribed Stock Regulations is amended by inserting in sub-regulation (1.), after the word “corporation” (third occurring), the words and figures “on Form 48”.

2. Regulation 18 of the Commonwealth Inscribed Stock Regulations is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulations:—

“(2.) A certificate of registration of marriage, under the hand of the proper State Officer, or the marriage certificate, of such person shall accompany the request together with such particulars as the Registrar deems necessary.

(2a.) Where the marriage certificate is produced, a copy thereof shall be retained by the Registrar and the original returned to the person concerned.”

3. Regulation 22 of the Commonwealth Inscribed Stock Regulations is amended by inserting after the words “ vice versa ” the words “ the amount of all Stock redeemed,”.

125.—Price 5d.

4. Regulation 32 of the Commonwealth Inscribed Stock Regulations is amended by omitting the words “State or to such person as the Auditor-General may appoint concerned”, and inserting in their stead the words “State concerned or to such person as the Auditor-General may appoint”.

5. Regulation 34 of the Commonwealth Inscribed Stock Regulations is amended by inserting after the word “transfer” the words “(or other transaction which would affect the balance of Stock inscribed)”, and by inserting after the word “or” the words “, except with the approval of the Secretary to the Treasury,”.

6. Regulation 62 of the Commonwealth Inscribed Stock Regulations is amended by inserting at the end thereof the following words “The Commonwealth will be under no legal liability for any delay which may occur in issuing such Bonds”.

7. Regulation 70 of the Commonwealth Inscribed Stock Regulations is amended by omitting the words and figures “Forms 48 and 49” and inserting in their stead the word and figures “ Form 49 ”,

8. Regulation 71 of the Commonwealth Inscribed Stock Regulations is amended—

(a) by omitting the figures and word “ 48 or ” (wherever occur ring) ; and

(b) by omitting the words and figures “Forms 48 and 49” and inserting in their stead the word and figures “Form 49”.

9. The Appendices to the Commonwealth Inscribed Stock Regulations are amended—

(a) by omitting from Form 1 the figures and words—

“48. Power of attorney to purchase stock from an existing owner.

49. Power of attorney to sell stock ”,

and inserting in their stead the figures and words—

“48. Authentication of Corporate Seal.

49. Power of attorney”.

(b) by omitting from Form 6 the words “Attached is a copy of the certificate of registration of my marriage” and inserting in their stead the following words:—

“ Attached is		a certificate of registration of my marriage*
		my marriage certificate.*”;

and by adding at the end of the form the following words:—

“ *Strike out what is inapplicable.”

(c) by inserting after the words “witness to whom” occurring in Forms 12, 22 and 23, the words “(unless an officer of the Registry)”;

(d) by making the following alterations in Form 18:—

After “and is an/are” insert the following “…………………….”.

occupation

Under “signature” insert “(official capacity of claimant e.g. executor &c.)”. Omit the words “vesting order,” at foot, and insert “vesting order, and statutory declaration of identity of deceased and claimant, as may be required by the Registrar”.

(e) by omitting from Form 19 the following words:—

Sales and Transfer No.

per cent. maturing

Transmitted—

From name of

To name (s) of

Amount £

Registrar.

Entd.

Exd.

(f) by omitting from Form 31 the words “Sydney, Melbourne, Brisbane, Adelaide, Perth, Hobart, Townsville, or Launceston” and inserting in their stead the words “Sydney, Melbourne, Brisbane, Townsville, Rockhampton, Adelaide, Perth, Hobart, or Launceston ”.

(g) by inserting in Form 39, after the word “pounds)”, the words “bearing interest at……………per cent. per annum and maturing on……………………19……”; and by omitting from such Form the word “receipt,” and inserting in lieu thereof the words “ receipt, and on such Registry receiving authority from this Registry”.

(h) by inserting on Form 40 after the words “This advice must be” the words “promptly despatched, and is to be”.

(i) by inserting on Form 52 under the word and figures “Form 52” the word and figures “Regulation 17a (2.)”; and after the words “to receive”, the word “interest,”;

(j) by omitting Forms 36, 48 and 49, and inserting in their stead the following Forms:—

Form 36.

Regulation 60.

Commonwealth Government Inscribed Stock.

REQUISITION FOR SUPPLY OF TREASURY BONDS.

Registry of Commonwealth Government Inscribed

Stock at ..........................

.............................19…

MEMO.

The Secretary to the Treasury,

Commonwealth Sub-Treasury,

Melbourne.

I beg to request that a supply of Treasury Bonds, as under, be forwarded to meet requirements at this office:—

Rate %.	Date of maturity.	Denomination of bonds.	Number of bonds on hand.	Number of bonds required.	Remarks.
		£

……………………………………………

Deputy Registrar.

Form 48.

Regulation 17 (1).

(Registered address)....................

.........................

AUTHENTICATION OF CORPORATE SEAL.

The Registrar,

Commonwealth Government Inscribed Stock,

..................

Dear Sir,
Please note that any of the undermentioned*—
		(1) ....................................			(Full names.)
		(2) ....................................
		(3) ....................................
		(4) ....................................
		(5) ....................................
		(6) ....................................
who have signed this document at foot hereof, are authorized to sign on behalf of…………………………………..in conjunction with the……………………………………………. on the sealing of documents of the said Corporation and we certify that the Seal appearing hereon is that of and was affixed in accordance with governing the affairs of the said Corporation, a duly authenticated copy of which and any
amendments thereto			is attached hereto.
			has been supplied to you.
Signatures.	(1) ...........................			(4) ..............................
	(2) ...........................			(5) ..............................
	(3) ...........................			(6) ..............................
Given under the
Common Seal of
Note.—The Office of the Registrar is at the Commonwealth Bank of Australia in each State Capital, and at Townsville, Rockhampton, and Launceston.
* Directors, “Trustees,” or as case requires.

Form 49.
Regulation 70.		No....
Commonwealth Government Inscribed Stock.
POWER OF ATTORNEY.
Signature of Attorney.......	Know all Men by these presents that I....................................
	.....................of....................................
	.......................................do hereby constitute and appoint
	..............................................................
	my true and lawful attorney for me and in my name and on my behalf to purchase Commonwealth Government Inscribed Stock, and sell, assign, transfer, convert into some other Commonwealth Loan; or otherwise deal with any Commonwealth Government Inscribed Stock which may now or hereafter be inscribed in my name either solely or jointly with another or others, and for me and in my name and on my behalf to sign all Acceptances, Transfers, Receipts, Applications, instructions regarding payment of interest and other documents necessary and proper to be signed on occasion of the premises.
	In witness whereof I have hereunto set my hand and seal this................... day of..................One thousand nine hundred and..................
	Signed, sealed and delivered by the said		(Signature.)
	in the presence of—

* Signature, occupation and address of witness.

Note.—1. Strike out words in italics, if not required.

2. Special attention is requested to the instructions for executing powers of attorney which are on the other side.

3. The Office of the Registrar is at the Commonwealth Bank of Australia in each State capital, and at Townsville, Rockhampton and Launceston.

4. Sub-section (3.) of section 56 of the Commonwealth Inscribed Stock Act 1911-1927 reads as follows:—

“(3.) A power of attorney shall be valid and effectual for all the purposes therein mentioned until notice of its revocation or of the bankruptcy, insolvency, lunacy, unsoundness of mind, or death of the principal, has been received by the Registrar at the Registry where the power of attorney is deposited.”

[On back of Form.]

INSTRUCTIONS FOR EXECUTING POWERS OF ATTORNEY, WHICH MUST BE STRICTLY OBSERVED.

1. The date must be inserted, at time of execution, in words and not in figures.

2. Each execution must be attested by two credible witnesses, who must state their full addresses and occupations. (In the case of a married woman, she must give her husband’s name, address and occupation.)

3. A wife is not a valid witness to any signature if her husband’s name appears either as stock-holder, attorney, or transferee; nor, in like circumstances, if the name of a wife appears, can a husband be admitted as a valid witness.

4. Where clerks or servants are witnesses, they should give the name and address of their employers.

5. Where the powers of attorney are executed by more than one person, the subscribing witnesses must insert in the attestation the name of the parties or party whose execution they attest, and if the parties do not all execute at the same time and in the presence of the same witnesses, the words “Signed by the said in the presence of us”, must be repeated in each attestation.

6. Where a power of attorney is executed out of the Commonwealth of Australia, in addition to two witnesses, the signature must be attested by a British Minister, Consul, Vice-Consul, or other British authority, or by a Notary Public.

7. If it should be necessary for a Stock-holder to execute a power of attorney by a mark instead of by signing his name, each witness must be a person of known position, such as a Minister of Religion, Magistrate, Commissioner for Affidavits, Commonwealth Commissioner for Declarations, Solicitor, Conveyancer, Bank Manager, member of recognized Stock Exchange, or Medical Practitioner; and the witness must declare in writing that the document has been read over and fully explained to and understood by the Stock-holder.

8. Any alteration, interlineation or erasure made in a power of attorney must be particularly mentioned in the attestation subscribed by the witnesses, and it must be stated to have been done previous to execution.”.

By Authority: H. J. Green, Government Printer, Canberra.

Overview

The Commonwealth Inscribed Stock Act 1911-1927 was enacted to regulate the issuance, transfer, and redemption of Commonwealth inscribed stock. This legislation was aimed at providing a legal framework to manage the national debt and ensure the orderly administration of government securities. The Act was overseen by the Parliament of Australia, with the objective of maintaining transparency and accountability in the financial dealings of the Commonwealth. The Statutory Rules 1931, No. 17, which amend the Commonwealth Inscribed Stock Regulations, further refine the administrative processes and requirements for dealing with inscribed stock, ensuring that the system remains efficient and secure. These regulations underscore the commitment to updating and adapting the legal framework to meet contemporary needs while preserving the integrity of the financial operations of the Commonwealth.

Scope and Application

The Commonwealth Inscribed Stock Regulations, which are statutory rules made under the Commonwealth Inscribed Stock Act 1911-1927, apply to the regulation of the transfer and registration of Commonwealth Government Inscribed Stock. These Regulations are applicable to individuals, corporations, and other entities that deal with inscribed stock, as well as the officials and entities involved in the registration and transfer processes. The Regulations have a national jurisdictional reach, as they govern activities across the Commonwealth of Australia. There are no explicit exclusions or exemptions mentioned in the text, but the application of the Regulations would be subject to the conditions and requirements set out within the statutory rules. The scope of application may be further defined or extended through subordinate instruments, which allow for the amendment and detailed specification of procedures and forms necessary for the administration of inscribed stock transactions.

Key Provisions

The main operative sections of the Commonwealth Inscribed Stock Regulations 1931 (Statutory Rules 1931, No. 17) amend various subsections of the existing regulations to introduce new requirements for the registration and transfer of Commonwealth Inscribed Stock. Regulation 17 is amended to include a new sub-regulation (1.) requiring that any person seeking to transfer stock must submit Form 48, which authenticates the corporate seal. Regulation 18 is amended to require a certificate of registration of marriage or a marriage certificate to accompany the request for transfer, and mandates that a copy of the marriage certificate be retained by the Registrar, with the original returned to the person concerned. Regulation 22 is amended to require the inclusion of the amount of all stock redeemed in the transfer process. Regulation 32 is altered to specify the destination for certain documents, while Regulation 34 is amended to clarify that transfers or other transactions affecting the balance of stock require approval from the Secretary to the Treasury. Regulation 62 states that the Commonwealth will not be liable for any delays in issuing bonds, and Regulation 70 and 71 are amended to reflect these changes, particularly with respect to the use of Forms 48 and 49. The appendices to the regulations are also amended to reflect these changes and to include new forms, such as Form 36 for requisition of supply of treasury bonds, and Form 48 for authentication of corporate seal. The obligations imposed by these regulations primarily concern the documentation and formalities required for the registration, transfer, and redemption of Commonwealth Inscribed Stock. Persons or entities seeking to transfer stock must now provide a certificate of registration of marriage or a marriage certificate, along with particulars deemed necessary by the Registrar. They must also submit Form 48, which includes the authentication of the corporate seal and is signed by at least two witnesses, unless the stock-holder executes the document by a mark, in which case additional stipulations apply. Any alterations to the power of attorney must be explicitly mentioned in the attestation by the witnesses. Furthermore, any transaction affecting the balance of stock requires approval from the Secretary to the Treasury. The amendments also specify the precise wording and layout of various forms, ensuring uniformity and compliance with the regulations. Failure to comply with these regulations can result in various civil or administrative consequences. For instance, if a power of attorney is not executed according to the prescribed formalities, it may not be considered valid and effectual. Additionally, any delays in issuing bonds do not render the Commonwealth legally liable, as explicitly stated in Regulation 62. While the regulations do not explicitly state criminal penalties, non-compliance with the formalities and requirements could potentially lead to disputes or legal actions, particularly if such non-compliance results in the invalidity of stock transfers or other transactions. The specific consequences would depend on the nature and impact of the non-compliance.

Area of Law: Finance & Banking Law
Instrument: Legislative Instrument
Concepts: Definitions & Interpretation; Reporting & Disclosure Obligations; Regulatory Standards

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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