STATUTORY RULES.
1943. No. 257.
REGULATION UNDER THE NATIONAL SECURITY ACT 1939-1943.*
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 1939-1943.
Dated this first day of October, 1943.
GOWRIE
Governor-General.
By His Excellency’s Command,
H. V. EVATT
for and on behalf of the Minister of State for Defence.
Amendment of the National Security (Land Transfer) Regulations.†
Regulation 10b of the National Security (Land Transfer) Regulations is amended—
(a) by inserting in sub-regulation (1.), after the words “sublet to”, the words “, or held under permissive occupancy,” ;
(b) by inserting in sub-regulation (1.), after the words “commencement of ”, the words “the application of”;
(c) by inserting the following sub-regulation after sub-regulation (1):—
“(1a.) Upon the termination of the lease in accordance with sub-regulation (1.) of this regulation, the alien shall immediately vacate the land.”;
(d) by inserting in sub-regulation (2.), after the words “was let”, the words “, or by whom it was held under permissive occupancy,”; and
(e) by adding the following sub-regulations at the end thereof:—
“(5.) If the enemy alien has paid rent in advance in respect of any period after the date of termination of the lease in accordance with this regulation, the owner of the land shall forthwith refund to the enemy alien the amount paid in respect of that period.
* Notified in the Commonwealth Gazette on 1st October, 1943.
† Statutory Rules 1940, No. 141, as amended by Statutory Rules 1940, Nos. 148, 200, 239 and 265; 1941, Nos. 6, 111 and 292; 1942, Nos. 247 and 472; and 1943, Nos. 8 and 184.
6024.—Price 3d.
“(6.) Where the enemy alien has cultivated the land and planted crops thereon or has prepared the land for crops, he shall be entitled to recover from the incoming tenant in respect of growing crops and improvements such compensation as is agreed upon, or, in default of agreement, is fixed by a court of summary jurisdiction consisting of a Stipendiary or Police or Special Magistrate or some Magistrate of the State who is specially authorized by the Governor-General to exercise such jurisdiction.”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
Statutory Rules 1943, No. 257, made under the National Security Act 1939-1943, amends the National Security (Land Transfer) Regulations to address issues related to land transfers involving enemy aliens during times of national security concerns. Enacted by the Governor-General, acting on the advice of the Federal Executive Council, these regulations were introduced to ensure that the land leased or held by enemy aliens is managed appropriately upon the termination of their leases. The policy objective is to safeguard national security by ensuring that such land does not remain under the control of enemy aliens, while also providing fair compensation for any crops or improvements made by these individuals. The regulation mandates the immediate vacating of land by enemy aliens upon lease termination, provides for the refund of any prepaid rent, and establishes a mechanism for compensation to be paid to enemy aliens for crops and improvements on the land.
Scope and Application
The Statutory Rules 1943, No. 257, made under the National Security Act 1939-1943, primarily target the regulation of land transfer by enemy aliens within the Commonwealth of Australia. The regulation applies to individuals or entities that are classified as "enemy aliens" as defined by the Act, specifically focusing on the leasing and occupancy of land. The geographic scope of the regulation is nationwide, covering all territories under Commonwealth jurisdiction. It mandates that any land leased to or held by enemy aliens must be vacated upon the termination of the lease, with provisions for refunding any advance rent paid by the alien. Furthermore, it addresses compensation for crops and improvements made by the alien tenant, to be determined by a court of summary jurisdiction. These regulations reflect the Commonwealth's effort to control and manage land use by individuals deemed a potential threat during wartime, ensuring that such land is not misused or left unmanaged post-termination.
Key Provisions
The Regulation under the National Security Act 1939-1943 primarily focuses on amending the National Security (Land Transfer) Regulations, specifically concerning the leasing and occupancy of land by enemy aliens (Regulation 1). The key changes introduced include modifying sub-regulation (1) to include permissive occupancy and the requirement for an alien to vacate the land immediately upon lease termination (sub-regulation 1a). Additionally, sub-regulation (2) is updated to account for permissive occupancy, and new sub-regulations (5) and (6) are introduced to address the refund of advance rent payments and compensation for crops and improvements respectively. These provisions ensure that any lease or occupancy arrangement by an enemy alien is fully regulated and that both the alien and the land owner are aware of their respective rights and obligations.
The obligations imposed by this Regulation on the parties involved are multifaceted. Land owners must adhere to the terms of the lease and ensure that any enemy alien vacating the land does so immediately. They are also required to refund any advance rent payments made by the alien after the lease termination date. Conversely, the enemy alien must vacate the land upon lease termination and, if applicable, be compensated for crops and improvements made to the land by the incoming tenant or through a court of summary jurisdiction. These obligations are designed to maintain clarity and fairness in the land transfer process during a period of national security concern.
Breach of the provisions outlined in the Regulation can lead to various legal consequences. For instance, if a land owner fails to refund advance rent payments to an enemy alien as required, they may face civil penalties. Similarly, if an enemy alien refuses to vacate the land as mandated, they may be subject to enforcement actions by the relevant authorities. The penalties for these breaches are not explicitly stated in the Regulation, but they are likely to be in line with the broader provisions of the National Security Act 1939-1943, which could include fines or other legal sanctions. Ensuring compliance with these obligations is crucial to avoid potential legal repercussions.