NATIONAL SECURITY (ENEMY PROPERTY) REGULATIONS.
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Statutory Rules 1953, No. 30.(d)
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Treasurer may vest enemy and ex-enemy property in Controller.
Regulation 16a of the National Security (Enemy Property) Regulations is amended—
(a) by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—
“(1.) The Treasurer may, for the purpose of enabling effect to be given to—
(a) Article six of the Agreement on Reparation from Germany, on the Establishment of an Inter-Allied Reparation Agency and on the Restitution of Monetary Gold (being the agreement the terms of which were recommended for signature by the Paris Conference on Reparation that concluded its meeting on the twenty-first day of December, One thousand nine hundred and forty-five, to which agreement Australia is a party) ;
(b) Article fourteen of the Treaty of Peace with Japan (being the treaty approved by the Treaty of Peace (Japan) Act 1952);
(c) Article twenty-seven of the Treaty of Peace with Roumania (being the treaty approved by the Treaty of Peace (Roumania) Act 1947) ;
(d) Article twenty-five of the Treaty of Peace with Bulgaria (being the treaty approved by the Treaty of Peace (Bulgaria) Act 1947); or
(e) Article twenty-nine of the Treaty of Peace with Hungary (being the treaty approved by the Treaty of Peace (Hungary) Act 1947),
by order vest in the Controller—
(f) any property belonging to an enemy subject or otherwise included in the expression ‘German enemy assets’ in Article six of the Agreement referred to in paragraph (a) of this sub-regulation; or
(d) Made under the Trading with the Enemy Act 1939-1952 on 31st March, 1953; notified in the Gazette on 9th April, 1953.
(g) any property, rights and interests which may be seized, retained or liquidated, or in respect of which any other action may be taken, under Article fourteen of the Treaty of Peace with Japan, Article twenty-seven of the Treaty of Peace with Roumania, Article twenty-five of the Treaty of Peace with Bulgaria and Article twenty-nine of the Treaty of Peace with Hungary.”; and
(b) by adding at the end thereof the following sub-regulation:—
“(5.) For the purposes of this regulation, ‘property’ means real or personal property (including debts or other choses in action and rights, whether legal or equitable, in or arising out of real or personal property).”.
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Overview
The National Security (Enemy Property) Regulations of 1953, as amended by Statutory Rules 1953, No. 30, address the issue of enemy and ex-enemy property that needs to be managed or vested for the implementation of specific international treaties and agreements related to post-war reparation and restitution. Enacted by the Commonwealth of Australia under the authority of the Trading with the Enemy Act 1939-1952, these regulations allow the Treasurer to vest such property in the Controller. This legislative instrument was introduced to facilitate the execution of reparations as stipulated in agreements such as the Agreement on Reparation from Germany, the Treaty of Peace with Japan, and treaties with Roumania, Bulgaria, and Hungary. The overarching policy objective is to ensure that the Australian government can effectively manage and administer enemy property in alignment with international commitments and agreements.
Scope and Application
The National Security (Enemy Property) Regulations, as amended by Statutory Rules 1953, No. 30, pertain to the authority of the Treasurer to vest enemy and ex-enemy property in the Controller. This legislative instrument applies to the properties of enemies as defined under several international agreements and treaties, specifically referencing the Agreement on Reparation from Germany, the Treaty of Peace with Japan, and the treaties of peace with Roumania, Bulgaria, and Hungary. The enactment allows the Treasurer to order the vesting of such properties to the Controller for purposes outlined in these agreements, ensuring compliance with international obligations and facilitating the restitution or liquidation of enemy assets. The scope of "property" under this regulation includes both real and personal property, encompassing tangible and intangible assets, as well as rights and interests in those assets. These regulations are designed to address the complexities of post-conflict asset restitution and management within Australia, reflecting the country's commitment to international agreements and treaties aimed at resolving issues stemming from wartime activities.
Key Provisions
The key operative sections of the National Security (Enemy Property) Regulations, particularly Regulation 16a, allow the Treasurer to vest property belonging to enemy subjects or entities into the Controller. This vesting can occur for various reasons, such as giving effect to certain international agreements and treaties, including the Agreement on Reparation from Germany, the Treaty of Peace with Japan, and other similar treaties with Roumania, Bulgaria, and Hungary. Specifically, Regulation 16a(1.) provides the authority for the Treasurer to vest such property as outlined in several international agreements, including those with Germany, Japan, Roumania, Bulgaria, and Hungary, into the Controller. The regulation further defines the term ‘property’ in Regulation 16a(5.) to encompass real or personal property, including debts, rights, and interests in or arising from such property.
The Act imposes specific obligations and requirements on the parties involved. The Treasurer must follow the outlined procedures to vest the property, ensuring it aligns with the international agreements mentioned. The Controller, upon receiving the vested property, must manage and administer it in accordance with the relevant international agreements and domestic laws. This includes ensuring that the property is used for the purposes stipulated by these agreements, which often involve reparations or restitution.
Breaching the provisions of this legislation can result in significant legal consequences. While the specific offences and penalties are not detailed in the provided text, breaches of similar legislative instruments often result in substantial fines and potential imprisonment for individuals, alongside civil penalties for entities. The exact penalties would depend on the nature and severity of the breach, as well as the specific terms of the international agreements involved. The overarching intent is to ensure compliance with international obligations and the efficient management of enemy property for the purposes outlined in the treaties.