Land, Mining, Shares and Shipping Act 1919

Legislation au C1919A00027 Not in force Act

Legislation content

LAND, MINING, SHARES AND SHIPPING.

 

No 27 of 1919.

An Act to continue in force for a limited time the War Precautions (Enemy Shareholders) Regulations, the War Precautions (Land Transfer) Regulations, the War Precautions (Mining) Regulations and the War Precautions (Shipping) Regulations.

[Assented to 28th October, 1919.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1. This Act may be cited as the Land, Mining, Shares and Shipping Act 1919.

Definitions.

2. In this Act, unless the contrary intention appears—

“The War Precautions (Enemy Shareholders) Regulations” means the Regulations comprised in Statutory Rules 1916, No. 38, as amended by Statutory Rules 1916, Nos. 42, 54, 62 and 325; by Statutory Rules 1917, Nos. 101, 138, 194, 229 and 265; by Statutory Rules 1918, Nos. 74 and 147; and by Statutory Rules 1919, Nos. 8, 46, 175 and 195;

“The War Precautions (Land Transfer) Regulations” means the Regulations comprised in Statutory Rules 1916, No. 35, as amended by Statutory Rules 1916, Nos. 169, 189 and 326; by Statutory Rules 1918, Nos. 44 and 76; and by Statutory Rules 1919, No. 250;

“The War Precautions (Mining) Regulations” means the Regulations comprised in Statutory Rules 1916, No. 323, as amended by Statutory Rules 1917, No. 102; and by Statutory Rules 1918, Nos. 39 and 172;

“The War Precautions (Shipping) Regulations” means the Regulations comprised in Statutory Rules 1918, No. 87, as amended by Statutory Rules 1918, Nos. 90, 112, 131, 185 and 284; and by Statutory Rules 1919, No. 98.


Continuance of Land, Mining, Shares and Snipping Regulations.

3.—(1.) Subject to this section, the following Regulations, namely:—

the War Precautions (Enemy Shareholders) Regulations;

the War Precautions (Land Transfer) Regulations;

the War Precautions (Mining) Regulations; and

the War Precautions (Shipping) Regulations,

shall severally continue in force until the thirty-first day of December, One thousand nine hundred and twenty, and shall during such continuance have the force of law.

(2.) During the continuance of any of the Regulations specified in the last preceding sub-section, the Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and in particular for repealing altering or adding to any of the Regulations so specified.

Offences and procedure.

4.—(1.) Any person who contravenes, or fails to comply with, any provision of any of the following Regulations, namely:—

the War Precautions (Enemy Shareholders) Regulations;

the War Precautions (Land Transfer) Regulations;

the War Precautions (Mining) Regulations; and

the War Precautions (Shipping) Regulations,

or of any regulation made in pursuance of this Act, shall be guilty of an offence against this Act.

Penalty: One hundred pounds, or imprisonment for six months, or both.

(2.) An offence against this Act shall not be prosecuted without the written consent of the Attorney-General or a person authorized in writing by the Attorney-General.

(3.) For the purpose of the trial of a person for an offence against this Act, the offence shall be deemed to have been committed either at the place in which it actually was committed, or at any place in which the person is.

Application of expressions used in Regulations.

5. Where in any regulation comprised in the War Precautions (Enemy Shareholders) Regulations and the War Precautions (Land Transfer) Regulations or in those Regulations as altered or added to by regulations made under this Act or the War Precautions Act 1914-1918, expressions referring to persons, or classes of persons, of enemy nationality, origin, birth, parentage, associations or connexions, are used, those expressions shall apply, during the continuance of the Regulations, to all persons, or classes of persons, to whom they would have applied during the war.

Effect of expiration of Regulations.

6. The expiration of any of the regulations comprised in the War Precautions (Enemy Shareholders) Regulations, the War Precautions (Land Transfer) Regulations, the War Precautions (Mining) Regulations or the War Precautions (Shipping) Regulations, or .of any regulation made in pursuance of this Act, shall not—

(a) affect any right, privilege, obligation or liability acquired, accrued or incurred under any such regulation; or


(b) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any such regulation; or

(c) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment, as aforesaid;

and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if the regulation had not expired.

 

Overview

The Land, Mining, Shares and Shipping Act 1919 was enacted to ensure the continued enforcement of specific wartime regulations beyond the cessation of hostilities, providing a structured approach to maintaining national security and economic stability. The Act, assented to by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, was introduced to address the need for ongoing regulatory oversight in the realms of land transfers, mining operations, shares held by enemy entities, and shipping activities, which were critical during wartime. The policy objective was to preserve these wartime measures to safeguard against potential threats or disruptions that could arise even after peace was restored. The Act authorised the Governor-General to make regulations consistent with its provisions, thereby allowing for adaptability in addressing any emerging issues post-war.

Scope and Application

The Land, Mining, Shares and Shipping Act 1919 applies to the continuation of wartime regulations that were originally established under the War Precautions Act 1914-1918, specifically the War Precautions (Enemy Shareholders) Regulations, the War Precautions (Land Transfer) Regulations, the War Precautions (Mining) Regulations, and the War Precautions (Shipping) Regulations. These regulations are continued in force until the end of 1920, encompassing entities and individuals affected by these wartime provisions. The act operates on a Commonwealth level and applies to the entire territory of Australia. Any person who contravenes or fails to comply with any provision of these regulations or any regulation made under this act is guilty of an offence, with penalties including a fine of one hundred pounds, imprisonment for six months, or both. Prosecution for these offences requires the written consent of the Attorney-General or an authorised person. The application of expressions in the regulations referring to persons of enemy nationality, origin, birth, parentage, associations, or connections continues to apply to all relevant persons during the duration of these regulations. The expiration of these regulations does not affect rights, privileges, obligations, liabilities, penalties, forfeitures, or punishments accrued or incurred under them, and any ongoing investigations, legal proceedings, or remedies remain valid. The act also allows for the Governor-General to make further regulations to carry out the provisions of the act, provided they do not conflict with it.

Key Provisions

The Land, Mining, Shares and Shipping Act 1919 (sections 3 and 6) continues the force of several wartime regulations concerning enemy shareholders, land transfers, mining, and shipping until 31 December 1920. These regulations include the War Precautions (Enemy Shareholders) Regulations, War Precautions (Land Transfer) Regulations, War Precautions (Mining) Regulations, and War Precautions (Shipping) Regulations, which were originally established to manage activities deemed risky during wartime. The Act allows the Governor-General to make regulations consistent with the Act for carrying out its provisions, including repealing, altering, or adding to any of the specified regulations. Additionally, the Act specifies that the expiration of these regulations does not affect rights, obligations, penalties, or legal proceedings that were in effect under these wartime regulations. The Act imposes specific obligations on parties and entities governed by the continued regulations. For instance, it mandates that any person failing to comply with the provisions of the War Precautions (Enemy Shareholders) Regulations, War Precautions (Land Transfer) Regulations, War Precautions (Mining) Regulations, or War Precautions (Shipping) Regulations, or any regulation made under the Act, shall be guilty of an offence. These obligations extend to ensuring adherence to the regulations' stipulations, which may involve reporting, licensing, and other compliance measures relevant to the respective sectors. The Act outlines penalties and consequences for breaches of its provisions. Specifically, section 4(1) states that any contravention of or failure to comply with the regulations will result in an offence under the Act, with penalties including a fine of one hundred pounds, imprisonment for six months, or both. Section 4(2) further specifies that prosecution for an offence under the Act requires the written consent of the Attorney-General or an authorized person. This requirement ensures that the prosecution of such offences is subject to appropriate oversight and authorization. Section 4(3) also stipulates that the offence shall be deemed to have been committed at the place of prosecution, providing flexibility in where such trials may occur.

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National Security Law
Commercial Law
Instrument
Act
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Definitions & Interpretation
Offence Provisions
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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.