National Security (Land Transfer) Regulations (Amendment)

Legislation au C1942L00247 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1942. No. 247.

 

REGULATIONS 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 Regulations under the National Security Act 1939–1940.

Dated this twenty eighth day of May, 1942.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

for and on behalf of the Minister of State for Defence.

 

Amendments of the National Security (Land Transfer) Regulations.†

Definitions.

1. Regulation 2 of the National Security (Land Transfer) Regulations is amended by omitting from sub-regulation (1.) the definition of “naturalized person of enemy origin” and inserting in its stead the following definition:—

‘“naturalized person of enemy origin’ means a person who—

(a) is a naturalized British subject by virtue of a certificate of naturalization issued, in any part of the King’s dominions, to himself or to his father or mother, or (in the case of a married woman) to her husband; and

(b) was, immediately prior to the issue of that certificate, a subject of Austria or of a country with which His Majesty is at war,

and includes—

(c) the wife of any such naturalized person;

(d) the wife of an enemy alien who is, by reason of a declaration made under section 18a of the Nationality Act 1920–1936, entitled, while in Australia or any Territory of the Commonwealth, to all political and other rights powers and privileges to which a natural-born British subject is entitled; and

 

* Notified in the Commonwealth Gazette on , 1942.

† Statutory Rules 1940, No. 141, as amended by Statutory Rules 1940, Nos. 148, 200, 239 and 265; and 1941, Nos. 6, 111 and 292.

2200.—Price 3d. 25/22.4.1942.


(e) a woman who is the widow of an enemy alien and who, at any time prior to her marriage, was a British subject;”.

2. After regulation 13 of the National Security (Land Transfer) Regulations the following regulation is inserted:—

“Contracts entered into without consent inadvertently.

13aa. Where a contract, agreement or transaction (not being a contract, agreement or transaction referred to in regulation 4, 5, 6 or 6a of these Regulations) has been entered into, or an instrument has been executed, in contravention of these Regulations, the Attorney-General, or any person to whom the powers and functions of the Attorney-General under these Regulations have been delegated, may, if he is satisfied that the contravention was due to inadvertence, give his consent to the contract, agreement or transaction, or to the execution of the instrument, and any consent so given shall be of the same force and effect as if it had been given before the contract, agreement or transaction was entered into or the instrument executed.”.

3. After regulation 16a of the National Security (Land Transfer) Regulations the following regulation is inserted:—

“Transactions with children of persons to whom consent refused.

16b. Where any person (in this regulation referred to as ‘the parent’) has, whether before or after the commencement of this regulation, made application for consent under these Regulations to enter into any transaction with respect to any land and consent has not been granted, any person who is a child of the parent shall not, unless the consent in writing of the Attorney-General has first been obtained—

(a) enter into any transaction with respect to the whole or any part of that land which, if it had been entered into with the parent, would have been prohibited unless consent thereto had first been obtained; or

(b) if such a transaction has been entered into before the commencement of this regulation, execute any instrument to give effect to the transaction.”.

Instruments not to be executed to give effect to certain transactions except with consent.

4. Regulation 17 of the National Security (Land Transfer) Regulations is amended—

(a) by omitting from sub-regulation (1a.) the words “either absolutely or”; and

(b) by inserting after that sub-regulation the following sub-regulations:—

“(1aa.) Where, prior to the date on which His Majesty becomes at war with any country, a contract or agreement has been entered into which, if it had been entered into after that date, would have been prohibited either absolutely or without consent, a person shall not execute any instrument to give effect to the contract or agreement unless the consent in writing of the Attorney-General has first been obtained, on application made within six months after the date on which His Majesty so becomes at war.


“(1ab.) Where an application for the consent of the Attorney-General to the execution of an instrument has not been made before the date specified in sub-regulation (1.) of this regulation or within the period specified in sub-regulation (1a.) or (1aa.) of this regulation, as the case may be, the Attorney-General, or any person to whom the powers and functions of the Attorney-General under these Regulations have been delegated, may, if he is satisfied that the failure to make the application was due to ignorance of the necessity for making the application, consent to the execution of the instrument.”.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules of 1942, No. 247, were introduced under the authority of the National Security Act 1939–1940 by the Governor-General of Australia, acting on the advice of the Federal Executive Council. These regulations were enacted in response to the heightened security concerns during wartime, particularly focusing on restricting land transfers to prevent national security risks posed by individuals of enemy origin. The primary objective of these regulations was to tighten control over land transactions, ensuring that they did not inadvertently facilitate the interests of enemy nations. This was achieved by amending and supplementing the existing National Security (Land Transfer) Regulations to redefine certain terms, such as the definition of "naturalized person of enemy origin," and by introducing provisions that required explicit consent from the Attorney-General for specific types of land transactions, particularly those involving individuals who were connected to enemy nations or those entered into inadvertently without proper authorization.

Scope and Application

The Regulations under the National Security Act 1939–1940 apply to the transactions involving the transfer of land, particularly those that may affect national security during times of conflict. They are applicable to both individuals and entities that engage in such transactions, including those who are naturalized British subjects of enemy origin and their immediate family members. The geographic reach of these regulations is national, covering the entire Commonwealth of Australia. The regulations outline specific exclusions and conditions under which consent from the Attorney-General is required for the execution of certain contracts and instruments related to land transfers. Notably, they provide provisions for the Attorney-General to give consent retroactively if the contravention of these regulations was inadvertent. These regulations extend their application through subordinate instruments, thereby ensuring comprehensive governance of land transactions during periods of national security concern.

Key Provisions

The Regulations under the National Security Act 1939–1940, as amended, primarily focus on the amendments to the National Security (Land Transfer) Regulations (sections 1, 2, 3, and 4). They provide specific definitions and conditions regarding land transactions and the need for consent from the Attorney-General. Regulation 1 amends the definition of “naturalized person of enemy origin” to include those who were subjects of a country at war with His Majesty prior to their naturalisation as British subjects. Regulation 2 introduces a new regulation, 13aa, allowing the Attorney-General to consent to contracts, agreements, or transactions entered into inadvertently without prior consent. Regulation 3 adds a new regulation, 16b, prohibiting children of persons who have applied for consent to enter into land transactions without first obtaining consent in writing from the Attorney-General. Lastly, Regulation 4 amends regulation 17 to require consent from the Attorney-General for the execution of instruments related to contracts or agreements entered into before war was declared, with an exception for inadvertent failures to apply for consent. The obligations imposed by these Regulations require individuals and entities to adhere to the conditions set out, particularly in relation to land transactions. Naturalized persons of enemy origin, as newly defined, must comply with the restrictions and obtain consent where necessary. The Attorney-General’s role is central, as they must be consulted and consent obtained before certain land transactions can proceed. Additionally, the Regulations necessitate that applications for consent be made within specified periods, and failure to do so may incur penalties unless ignorance is proven. Breaches of these Regulations can result in severe consequences. Unauthorized transactions involving land, particularly those by or on behalf of a naturalized person of enemy origin, without the required consent from the Attorney-General, may be deemed invalid. The Regulations do not explicitly outline specific penalties for breaches but refer to the overarching National Security Act 1939–1940, which includes provisions for offences and penalties. Consequently, breaches could lead to criminal charges, with potential penalties that may include fines or imprisonment, depending on the severity of the breach and the discretion of the court. Civil consequences could also include the invalidation of transactions and forfeiture of land or assets involved in the breach.

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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.