STATUTORY RULES.
1921. No. 13.
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REGULATIONS UNDER THE TREATY OF PEACE ACT 1919‑1920.
I, THE GOVERNOR‑GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Treaty of Peace Act 1919‑1920, to come into operation forthwith.
Dated the twentieth day of January, 1921.
FORSTER,
Governor‑General.
By His Excellency’s Command,
W. MASSY GREENE,
Minister of State for Trade and Customs.
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Amendment of Treaty of Peace Regulations.
(Statutory Rules 1920, No. 25.)
1. Regulation 20 of the Treaty of Peace Regulations is amended—
(a) by inserting in sub‑regulation (7), after the word “shall” (first occurring), the words “whether the duplicate grant or certificate of title in respect of the property is produced or not,”; and
(b) by omitting from that sub‑regulation the word “notification” and inserting in its stead the word “registration”.
(T. & C. 20/D.22059.)
2. Regulation 23 of the Treaty of Peace Regulations is amended—
(a) by omitting the words “Article 300 of the Treaty” (second occurring) and inserting in their stead the words “ Article 301 of the Treaty”; and
(b) by omitting the words “six months” (second occurring) and inserting in their stead the words “ten months”.
(T. & C. 20/D.16250.)
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Overview
The Treaty of Peace Act 1919-1920 was enacted by the Parliament of Australia to provide a legislative framework for the implementation of the Treaty of Versailles, particularly concerning the transfer of German possessions in the Pacific. This Act aimed to address the legal and administrative issues arising from the cessation of German colonial control over regions such as New Guinea and other Pacific islands. The Treaty of Peace Regulations 1920, subsequently amended by Statutory Rules 1921, No. 13, were introduced to operationalise the provisions of the Act, ensuring that the transition of these territories was managed efficiently and in compliance with international obligations. The policy objective of these regulations was to establish clear procedures for the administration and legal status of the territories, including the registration and title of properties, as well as the adjustment of timelines for certain obligations.
Scope and Application
The Treaty of Peace Regulations, as amended by Statutory Rules 1921, No. 13, pertain to the administration of the Treaty of Peace Act 1919-1920, which deals with matters arising from the peace treaties concluded with former enemy states. These regulations apply to individuals and entities that are directly affected by the terms of the Treaty of Peace Act, including those involved in property transactions and title registration concerning properties that were owned by nationals of the former enemy states. The Regulations have a national reach within the Commonwealth of Australia, as they are made under the authority of the Commonwealth Government. The amendments refine the procedures for the production of duplicate grants or certificates of title and adjust the timelines for certain regulatory actions, thereby extending or restricting the application of the original regulations. The Act and its subordinate regulations are designed to ensure compliance with the peace treaties and facilitate the orderly transfer of property rights and interests as stipulated in the Treaty of Peace Act.
Key Provisions
The main operative sections of these Regulations, which are under the Treaty of Peace Act 1919-1920, include amendments to Regulation 20 and Regulation 23 (1). In Regulation 20, sub-regulation (7) is altered to require that certain obligations be met whether or not a duplicate grant or certificate of title is produced, and the term "registration" replaces "notification" (1). Regulation 23 is amended to change references from "Article 300 of the Treaty" to "Article 301 of the Treaty" and to extend a specified period from six months to ten months (2). These changes suggest modifications to the procedures for property registration and adjustments to time frames outlined in the Treaty.
The obligations imposed by these Regulations primarily pertain to the procedural aspects of property registration and the timelines for certain activities related to the Treaty of Peace. For instance, the requirement that obligations be fulfilled regardless of the presence of a duplicate grant or certificate of title in Regulation 20 ensures consistency and clarity in the registration process (1). The change from "notification" to "registration" indicates a shift in the terminology used for property-related filings, likely to align with contemporary practices or legal definitions. In Regulation 23, the amendment to Article 301 and the extension of a period from six to ten months may be intended to provide additional time for compliance or to reflect changes in the operational context of the Treaty (2).
There are no explicit provisions detailing offences, penalties, or civil/criminal consequences for breach within the text of these Regulations. However, given the nature of statutory instruments, any failure to comply with the amended procedures and timelines could potentially result in legal repercussions under the overarching Treaty of Peace Act 1919-1920 or related legislation. The specific penalties would depend on the broader legal framework and any applicable laws that might govern breaches of regulatory requirements. The Regulations themselves do not outline specific penalties, but non-compliance could lead to legal actions as per the relevant Acts and common law principles.