STATUTORY RULES
1923. No. 187.
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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 (Bulgaria.) Regulations.
(Statutory Rules 1921, No. 63, as amended to this date.)
Regulation 5 of the Treaty of Peace (Bulgaria) 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 (1b) thereof the word “order” (twice occurring) and inserting in its stead on both occasions the word “release”.
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Overview
The Treaties of Peace (Austria and Bulgaria) Act 1920 was enacted to address the legal ramifications of the peace treaties with Austria and Bulgaria following World War I. This Act enabled the Australian Government to implement the terms of the peace treaties through statutory instruments, ensuring that any obligations or rights arising from these treaties were properly managed within the Australian legal framework. The Act provided the legislative foundation for subsequent statutory rules and regulations, allowing for the detailed implementation of treaty provisions. The regulation in question, Statutory Rules 1923, No. 187, amends the Treaty of Peace (Bulgaria) Regulations to adjust the procedures regarding the release of property rights or interests by the Public Trustee. The policy objective of these amendments is to clarify and streamline the process of releasing such property rights, ensuring that any re‑vesting of property occurs correctly and in accordance with the relevant legal authorities.
Scope and Application
The Treaties of Peace (Austria and Bulgaria) Act 1920 and the subsequent Statutory Rules 1923, No. 187, which amend the Treaty of Peace (Bulgaria) Regulations, apply to the handling of property rights and interests that were vested in the Public Trustee as a result of the Peace Treaties with Austria and Bulgaria. These regulations apply to the Public Trustee of the Commonwealth and any individuals or entities whose property rights or interests have been vested with the Public Trustee. The regulations are of Commonwealth jurisdiction and apply across Australia. There are no stated exclusions or exemptions, but the regulations do specify thresholds and conditions under which property rights or interests are to be released from the Public Trustee and re-vested in their original owners or their personal representatives or assignees. The application of these regulations can be extended or restricted through subordinate instruments, although the specific Statutory Rules 1923, No. 187, focus on amending the release conditions for property rights and interests held by the Public Trustee.
Key Provisions
The main operative sections of these Regulations involve amendments to Regulation 5 of the Treaty of Peace (Bulgaria) Regulations. Specifically, Regulation 5(1a) is amended to clarify the process of releasing property rights or interests from the Public Trustee, ensuring that any property, rights, or interests released are re-vested in the original owner or their representative if the owner is deceased or bankrupt (Regulation 5(1a)). Additionally, Regulation 5(1b) is modified to replace the term "order" with "release" in two instances, streamlining the terminology used in the regulation (Regulation 5(1b)). These amendments are intended to ensure clarity and precision in the administration of property rights under the Treaty of Peace.
These Regulations impose specific obligations on the Public Trustee, who must follow the outlined procedures for releasing property rights or interests. The Public Trustee is required to re-vest property rights or interests in the original owner or their representative in accordance with Regulation 5(1a). This means that the Public Trustee must verify the status of the original owner and determine whether a personal representative or official assignee should be appointed if the owner is deceased or bankrupt. The Regulations also mandate that the term "release" be used instead of "order" in Regulation 5(1b), ensuring consistency in the language used in legal proceedings related to property rights under the Treaty of Peace.
Breach of these Regulations may lead to legal consequences. While the specific penalties are not detailed within the text of these Regulations, breaches of similar legislative instruments often result in fines or other civil penalties. For example, the Public Trustee could be subject to enforcement actions by the relevant authorities if they fail to adhere to the prescribed procedures for releasing property rights or interests. The precise penalties would depend on the nature and severity of the breach, as well as any applicable laws or regulations at the time of the offence.