STATUTORY RULES.
1923 No. 184.
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REGULATION UNDER THE TREATIES OF PEACE (AUSTRIA AND BULGARIA) ACT 1920.
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 Treaties of Peace (Austria and Bulgaria) Act 1920, to come into operation as from the 23rd May, 1923.
Dated this fifth day of December, 1923.
FORSTER,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE,
for Minister of State for Trade and Customs.
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Amendment of Treaty of Peace (Austria) Regulations.
(Statutory Rules 1921, No. 45, as amended to this date.)
Regulation 5 of the Treaty of Peace (Austria) Regulations is amended—
(a) by omitting sub-regulation (1a) thereof and inserting in its stead the following sub-regulation:—
“(1a) Where the Public Trustee, whether before or after the commencement of this sub-regulation, releases any property rights or interests from the charges specified in the last preceding sub-regulation, the release shall, where the property, rights or interests have been vested in the Public Trustee have the effect of re-vesting the property rights or interests in the original owner, or, where the original owner is dead or bankrupt, in his personal representative or the official assignee of his property, as the case may be”; and
(b) by omitting from sub-regulation (1n) thereof the word “order” (twice occurring) and inserting in its stead on both occasions the word “release”.
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Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.18099.—Price 3d.
Overview
The Statutory Rules 1923 No. 184, made under the Treaties of Peace (Austria and Bulgaria) Act 1920, aim to address the administrative and legal implications arising from the post-World War I peace treaties with Austria and Bulgaria. Enacted by the Governor-General on behalf of the Commonwealth of Australia, these regulations modify the Treaty of Peace (Austria) Regulations to facilitate the release of property rights and interests held by the Public Trustee. The key policy objective is to ensure that the re-vesting of property rights occurs smoothly and legally, either to the original owners or their representatives, thereby addressing the complexities and uncertainties that arose from the vesting of such rights during the war. This legislative instrument seeks to provide clarity and structure in the administration of these properties, ensuring compliance with the treaties and maintaining order in property transactions.
Scope and Application
The Treaties of Peace (Austria and Bulgaria) Act 1920 applies to the administration and disposition of property interests that were held by citizens of Austria and Bulgaria, particularly in the context of the Treaty of Peace concluded with Austria and Bulgaria following the First World War. The Act governs the actions of the Public Trustee in managing these interests, including the release of property rights and interests from certain charges. The regulation extends to any property, rights, or interests that were vested in the Public Trustee, whether before or after the amendment of the Treaty of Peace (Austria) Regulations. The scope of this legislation is limited to the Commonwealth of Australia, reflecting the federal jurisdiction under which it operates. The regulation provides specific amendments to the Treaty of Peace (Austria) Regulations, clarifying the procedures for the release of property rights and interests by the Public Trustee and ensuring that such releases effectively re-vest the property in the original owner or their representative. These changes aim to streamline the process of managing and releasing property interests that were affected by the treaties of peace, ensuring a clear and legally compliant pathway for re-vesting these interests.
Key Provisions
The Regulations under the Treaties of Peace (Austria and Bulgaria) Act 1920 (the "Regulations") primarily concern the amendment of the Treaty of Peace (Austria) Regulations. Regulation 5 of the original Treaty of Peace (Austria) Regulations is significantly altered. Firstly, sub-regulation (1a) is omitted and replaced with a new provision (section 1(a)). This new sub-regulation stipulates that when the Public Trustee releases any property rights or interests from certain charges, these rights or interests will revert to their original owners or their personal representatives or official assignees if the original owners are deceased or bankrupt. Secondly, in sub-regulation (1n), the word "order" is replaced with "release" on both occasions (section 1(b)). This change indicates a shift in the process from requiring an order to simply releasing property rights or interests.
Under the Regulations, the Public Trustee has specific obligations concerning the re-vesting of property rights or interests. When the Public Trustee releases such rights or interests from the specified charges, they must ensure that these rights or interests are re-vested in the original owners or their legal representatives. This obligation is clearly outlined in the amended sub-regulation (1a). Additionally, the replacement of the term "order" with "release" in sub-regulation (1n) indicates a procedural simplification, requiring the Public Trustee to merely release rather than to order the re-vesting of property rights or interests.
Failure to comply with the provisions of the Regulations could lead to legal consequences, though the specific penalties are not detailed within the text. Generally, breaches of statutory regulations in Australia can lead to both civil and criminal penalties, depending on the nature and severity of the breach. Civil penalties might include fines, while criminal penalties could involve imprisonment. The exact penalties would be determined by the relevant legislation and the courts.