National Security (War Service Moratorium) Regulations (Amendment)

Legislation au C1941L00085 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1941. No. 85.

––––––

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 ninth

day of  April       , 1941.

Governor-General.

By His Excellency’s Command,

for and on behalf of the Minister of State for Defence Co-ordination.

––––

Amendments of the National Security (War Service Moratorium) Regulations.†

Postponement of certain payments.

1. Regulation 7 of the National Security (War Service Moratorium) Regulations is amended—

(a) by omitting from sub-regulation (1,) the word “the” (seventh occurring) ; and

(b) by adding at the end thereof the following sub-regulation:—

“(14.) Where—

(a) a member of the Forces or a female dependant of a member is, and was prior to the commencement of these Regulations, paying the purchase money under an agreement for the purchase of land but it not actually liable to pay that purchase money;

(b) the member of the Forces or female dependant of a member commenced paying that purchase money before the date on which the member at any time became engaged on war service; and

* Notified in the Commonwealth Gazette on , 1941.

† Statutory Rules 1941, No. 61.

2183.–8/7.4.1941.–Price 3d.


(c) the payments made by the member, or female dependant, prior to the commencement of these Regulations, were accepted by the vendor,

the member of the Forces or female dependant of a member shall, for the purposes of this regulation, be deemed to be liable to pay the purchase money and the time (including any time past) for payment thereof (whether by the member or female dependant or by the person actually liable to pay the purchase money) shall, by force of this sub-regulation, be postponed in accordance with the provisions of this regulation.”.

Restriction on execution and other remedies.

2. Regulation 15 of the National Security (War Service Moratorium) Regulations is amended—

(a) by adding at the end of paragraph (d) of sub-regulation (4.) the words “or to some person towards whom, with respect to the judgment, contract or agreement, the applicant stands in the position of a trustee,”; and

(b) by omitting sub-regulation (12.) thereof.

3.— (1.) After regulation 17 of the National Security (War Service Moratorium) Regulations the following regulation is inserted:—

Payment of compensation in certain cases.

“17a.—(1.) Where, during the period between the repeal of the National Security (Courts Emergency Powers) Regulations and the commencement of these Regulations, any remedy has been exercised in respect of which the leave of a court would have been necessary if those Regulations had continued in force, the appropriate court may, on application made by or on behalf of any member of the Forces or female dependant of a member, if it is satisfied that the member or female dependant has suffered loss or damage by reason of the exercise of the remedy, make an order for the payment of compensation to the member or female dependant or, if it is practicable to restore the parties to the position in which they stood prior to the exercise of the remedy without prejudice to the rights of a third person, make such order for that purpose as the court thinks fit and any further order of the nature referred to in paragraphs (b), (c) or (d) of the definition of ‘legal remedy’ in sub-regulation (10.) of regulation 15 of these Regulations as the court thinks fit, and any such order shall be complied with by all persons to whom it applies.

“(2.) The costs of an application under this regulation shall be in the discretion of the court.

“(3.) In this regulation ‘remedy’ means any legal remedy as defined by sub-regulation (10.) of regulation 15 of these Regulations and includes the seizure or taking possession of goods under a bill of or sale, writ or other process issued by a court by way of distress or under the provisions of a hire purchase agreement.”.

(2.) Where any application has, prior to the commencement of this regulation, been made in pursuance of sub-regulation (12.) of regulation 15 of the National Security (War Service Moratorium) Regulations


it shall be deemed to be as valid and effectual as if this regulation had been in operation at the date upon which the application was made, and the application had been made in pursuance of the regulation inserted by this regulation.

Postponement of payment of interest and rates.

4. Regulation 18 of the National Security (War Service Moratorium) Regulations is amended by inserting in sub-regulation (2.), after the word “vendor”, the words”, or to some person towards whom, with respect to the mortgage or agreement, the mortgagee or vendor stands in the position of a trustee,”.

 

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

Overview

The Statutory Rules 1941 No. 85, titled "Regulations under the National Security Act 1939-1940," were enacted to address issues related to financial and legal protections for members of the armed forces and their dependants during World War II. This legislation was introduced by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and is intended to provide relief from certain financial obligations and legal actions during the war period. The policy objective is to ensure that members of the armed forces and their dependants are not unduly burdened by financial and legal obligations during their service, thus facilitating their contributions to national security efforts.

Scope and Application

The Regulations under the National Security Act 1939-1940 apply to members of the Forces and their female dependants who were engaged in paying the purchase money for the acquisition of land prior to the commencement of these Regulations. This legislative instrument amends existing regulations to provide specific provisions for these individuals, particularly in relation to the postponement of certain payments and restrictions on execution and other remedies. The Regulations are made under the authority of the Commonwealth of Australia and extend to the entire nation. They do not explicitly mention any exclusions, exemptions, or thresholds, but the specific provisions are designed to address the unique circumstances of members of the Forces and their dependants during wartime. The application of these Regulations may be further defined or extended through subordinate instruments, but the primary focus remains on providing relief to those affected by the war service moratorium.

Key Provisions

The Regulations under the National Security Act 1939-1940 primarily address the financial obligations and protections of members of the Armed Forces and their dependants during wartime. Regulation 7, as amended, specifies that a member of the Forces or a female dependant of such a member, who was paying the purchase money for land prior to the commencement of these Regulations, is deemed liable for that payment (Regulation 7(14)). This postponement of payment applies where the payments were being made before the member engaged in war service and were accepted by the vendor (Regulation 7(14)(a)-(c)). Regulation 15, as amended, restricts the execution of legal remedies against the Forces member or their dependant, including those who stand in the position of a trustee with respect to a judgment, contract, or agreement (Regulation 15(4)(d)). Furthermore, the insertion of Regulation 17a provides that courts may order compensation to be paid to a Forces member or their dependant who has suffered loss or damage due to the exercise of a legal remedy during the period between the repeal of the National Security (Courts Emergency Powers) Regulations and the commencement of these Regulations (Regulation 17a(1)). The court may also order restoration of the parties to their pre-remedy position, without prejudice to third-party rights (Regulation 17a(1)). Regulation 18, as amended, extends the postponement of payment of interest and rates to include trustees of the mortgagee or vendor (Regulation 18(2)). The Regulations impose obligations on Forces members, their dependants, vendors, and trustees to adhere to the postponement of payments and restrictions on legal remedies. For instance, members of the Forces or their dependants must comply with the deemed liability for land purchase payments, and vendors must accept such payments as valid (Regulation 7(14)). Trustees must also respect the restrictions on legal remedies and the extended postponement of interest and rates (Regulations 15(4)(d) and 18(2)). Additionally, the Regulations require courts to consider applications for compensation and make appropriate orders where Forces members or their dependants have suffered loss or damage due to the exercise of a legal remedy (Regulation 17a(1)). Breach of these Regulations can lead to various legal consequences. For example, failure to comply with the deemed liability for land purchase payments or the restrictions on legal remedies may result in legal action. Courts may impose fines or other penalties for non-compliance with orders regarding compensation or restoration of pre-remedy positions (Regulation 17a(1)). While the Regulations do not explicitly state maximum penalties, breaches of similar wartime legislation often result in fines or imprisonment, reflecting the seriousness of non-compliance in matters of national security.

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