STATUTORY RULES.
1942. No. 134.
REGULATION UNDER THE NATIONAL SECURITY ACT 1939-1940.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the National Security Act 1939-1940.
Dated this eighteenth day of March, 1942.
GOWRIE
Governor-General.
By His Excellency’s Command,
H. V. EVATT
for and on behalf of the Minister of State for Defence Co-ordination.
Amendment of the National Security (Debtors’ Relief) Regulations.†
Definitions.
Regulation 4 of the National Security (Debtors’ Relief) Regulations is amended—
(a) by omitting from the definition of “debt” the words “from one person resident or carrying on business in Australia to another person resident or carrying on business in Australia” and inserting in their stead the words “by a person resident or carrying on business in Australia”; and
(b) by omitting the definition of “tribunal” and inserting in its stead the following definition:—
“‘tribunal’ means—
(a) in relation to an application which relates to debts not exceeding in the aggregate Five hundred pounds, where the applicant resides or carries on business—
(i) in a State (other than the State of Tasmania) or the Northern Territory or the Australian Capital Territory—a court of limited civil jurisdiction constituted by a Police, Stipendiary or Special Magistrate;
* Notified in the Commonwealth Gazette on 19th March, 1942.
†Statutory Rules 1941, No. 194.
1930.—Price 3d.
(ii) in the State of Tasmania—a Court of Requests;
(iii) in the Territory of Papua—the Supreme Court of that Territory;
(iv) in the Territory of New Guinea—a District Court in that Territory;
or
(v) in Norfolk Islands—the Court of Norfolk Island sitting in its Full Jurisdiction;
(b) in relation to an application which relates to debts exceeding in the aggregate Five hundred pounds but not exceeding in the aggregate Two thousand pounds a District Court, County Court or Local Court of Full Jurisdiction in the State or Territory of the Commonwealth (other than the Territory of New Guinea) in which the applicant resides or carries on business, or, if there is no such court, or the applicant resides or carries on business in the Territory of New Guinea, the High Court, or the Supreme Court of the State or Territory in which the applicant resides or carries on business, or, if the applicant resides or carries on business in Norfolk Island, the Court of Norfolk Island sitting in its Full Jurisdiction; and
(c) in relation to an application which relates to debts exceeding in the aggregate Two thousand pounds—the High Court, or the Supreme Court of the State or Territory of the Commonwealth in which the applicant resides or carries on business or, if the applicant resides or carries on business in Norfolk Island, the Court of Norfolk Island sitting in its Full Jurisdiction.”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra
Overview
Statutory Rules 1942 No. 134, enacted under the National Security Act 1939-1940, was introduced to address the urgent need for amendments to the National Security (Debtors’ Relief) Regulations during a period of national crisis. The regulations were made by the Governor-General in accordance with the advice of the Federal Executive Council, aiming to streamline and clarify the procedures for debt relief applications in various jurisdictions across Australia. This legislative instrument sought to ensure that the application processes were appropriately aligned with the jurisdictional capacities of different courts, thereby expediting the resolution of debts for those affected by the national emergency. The regulation explicitly defined the appropriate tribunals for handling applications based on the aggregate value of debts, thereby establishing a structured and efficient framework for debt relief during wartime.
Scope and Application
This legislative instrument amends the National Security (Debtors' Relief) Regulations under the National Security Act 1939-1940, specifically altering the definition of "debt" and "tribunal" to broaden the scope of the application. The amendment applies to any person residing or carrying on business in Australia, thus extending the regulation's reach to a wider range of debtors by removing the requirement that debts must be owed between two Australian residents or businesses. The amendment also redefines "tribunal" to specify which courts are authorised to handle applications regarding debtors' relief based on the aggregate amount of the debt, differentiating between various courts depending on the jurisdiction and the amount of debt in question. This regulation encompasses all states, territories, and Norfolk Island within Australia, reflecting a national approach to the administration of debtors' relief during times of national security concern. The exclusion of certain territories and the specific delineation of court jurisdictions within the amendment underscore the nuanced application of the regulation across different regions and debt values.
Key Provisions
The main operative sections of the Statutory Rules 1942, No. 134, made under the National Security Act 1939-1940, amend the definition of "debt" within the National Security (Debtors' Relief) Regulations (Reg. 4(a)) and redefine "tribunal" (Reg. 4(b)). Specifically, the amendment to "debt" removes the restriction to debts between residents or businesses in Australia, expanding it to any debt by a person resident or carrying on business in Australia. The redefinition of "tribunal" classifies courts and magistrates according to the amount of debt being claimed, distinguishing between lower and higher debt thresholds and specifying appropriate judicial bodies for each case.
The obligations imposed by these regulations are directed towards ensuring that the correct tribunal hears and adjudicates on applications for debtors' relief based on the amount of debt in question. For smaller debts, the relevant tribunal is a court of limited civil jurisdiction or a similar lower court depending on the jurisdiction. For larger debts, higher courts such as District Courts, County Courts, Local Courts of Full Jurisdiction, the High Court, or relevant Supreme Courts are designated. This ensures that the appropriate judicial authority handles each case according to its complexity and financial implications.
Breach of these regulations could lead to several consequences, primarily related to the misapplication of tribunals for certain debt amounts. For instance, if an incorrect tribunal is used due to non-compliance with the specified definitions and classifications, it could result in legal challenges or appeals, potentially leading to additional costs and delays. Additionally, while the regulations do not explicitly state penalties for non-compliance, breaches of similar regulations under the National Security Act 1939-1940 might incur fines or other sanctions as prescribed under the overarching Act or related legislation.