STATUTORY RULES.
1946. No. 194.
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REGULATION UNDER THE NATIONAL SECURITY ACT 1939-1946.*
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 1939-1946.
Dated this eighteenth day of December, 1946.
HENRY
Governor-General.
By His Royal Highness’s Command,
J. B. CHIFLEY
for and on behalf of the Minister of State for Defence.
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Amendment of the National Security (Enemy Property) Regulations.†
After regulation 5a of the National Security (Enemy Property) Regulations the following regulation is inserted:—
Agreements or arrangements with Governments as to enemy property.
“5b.— (1.) Where the Commonwealth and the Government of any country which has ceased to be enemy territory have entered into an agreement or arrangement in respect of the property in Australia of any persons or bodies of persons (whether corporate or unincorporate) who or which are or have been enemy subjects by reason of their being resident in or carrying on business in that country, the Treasurer and the Controller may do all things and take all such action as is necessary to give full effect to the agreement or arrangement and, in particular—
(a) the Treasurer may pay to the Government of that country or to an authorized person all moneys which, at the date on which the agreement or arrangement takes effect, have been received by the Comptroller-General of Customs under the provisions of section 14 of the Trading with the Enemy Act 1939-1940, less any necessary expenses or other payments made in accordance with law;
(b) the Controller may authorize the payment to the Government of that country or to an authorized, person of any moneys which are or have been received by him in respect of that property, less any necessary expenses or other payments made in accordance with law; and
(c) the Controller may direct any person who holds or manages any such property to transfer that property to the Government of that country or to an authorized person.
* Notified in the Commonwealth Gazette on 19th December, 1946.
† Statutory Rules 1942, No. 268, as amended by Statutory Rules 1943, No. 88, and 1944, No. 79.
7893.—Price 3d.
“(2.) Where any person has, in pursuance to any direction given by the Controller under this regulation, transferred any property to the Government of any country or to an authorized person, no action shall lie against him in respect of the transfer.
“(3.) In this regulation—
‘authorized person’ means a person duly authorized by the Government of the country in respect of which the expression is used;
‘property’ includes money, real or personal property, debt, securities and any rights, whether legal or equitable, in or arising out of real or personal property which is subject to these Regulations or the Trading with the Enemy Act 1939-1940.”.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
Statutory Rules 1946 No. 194, made under the National Security Act 1939-1946, was enacted to address the need for clear procedures in dealing with enemy property in Australia following the cessation of hostilities in World War II. This legislative instrument, issued by the Governor-General in accordance with the advice of the Federal Executive Council, introduces amendments to the National Security (Enemy Property) Regulations, specifically to facilitate the implementation of agreements or arrangements with former enemy governments concerning property within Australia. The primary policy objective is to ensure that any actions taken in relation to such property are in accordance with these agreements and to provide legal protection to individuals who comply with directives from the Controller.
Scope and Application
The Statutory Rules 1946 No. 194, made under the National Security Act 1939-1946, specifically amends the National Security (Enemy Property) Regulations to address the disposition of enemy property within Australia. This regulation applies to any persons or bodies, whether corporate or unincorporate, who are or have been considered enemy subjects due to their residency or business operations in a country that has ceased to be an enemy territory. The regulation permits the Treasurer and the Controller to undertake necessary actions to implement agreements or arrangements with the government of such a country regarding the property of these entities in Australia. This includes the payment of moneys previously received under the Trading with the Enemy Act 1939-1940 and the transfer of property to the respective government or an authorized person. Importantly, this regulation also provides immunity from legal action for any person who complies with a direction to transfer property under this regulation. The scope of this regulation is confined to the Commonwealth of Australia and is subject to any applicable agreements between the Commonwealth and the government of the country in question.
Key Provisions
The primary provision of these regulations (reg. 5b) allows the Treasurer and the Controller to implement agreements or arrangements made between the Commonwealth and other governments concerning enemy property in Australia. This means that if Australia has entered into an agreement with another country regarding the handling of property belonging to individuals or entities that were considered enemy subjects due to their connection to that country, the Treasurer and Controller are empowered to carry out necessary actions to enforce these agreements. These actions include the Treasurer paying any relevant funds held by the Comptroller-General of Customs, the Controller authorising payments of any moneys received regarding that property, and directing property holders to transfer the property to the specified government or person (section 5b(1)). Additionally, any person complying with such a direction by the Controller cannot be held liable for the transfer of property (section 5b(2)).
These regulations impose specific obligations on the Treasurer and the Controller to act in accordance with agreements made between governments. They must ensure that all necessary actions are taken to implement these agreements fully. This includes making payments, authorising transfers of funds, and directing property transfers as stipulated by the agreement. The obligations are clear and require the Treasurer and Controller to act promptly and in accordance with the terms of the agreement.
Violation of these regulations or failure to comply with the obligations may result in legal consequences for the Treasurer and Controller. However, the regulations do not explicitly state offences, penalties, or consequences for non-compliance. The implications of such breaches would likely be determined by other applicable laws and regulations. Nonetheless, the protection afforded to individuals who comply with Controller’s directions (section 5b(2)) suggests that following the prescribed procedures is crucial to avoid any potential liability.