STATUTORY RULES.
1930. No. 39.
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REGULATIONS UNDER THE TREATY OF PEACE (GERMANY) 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 (Germany) Act 1919-1920, to come into operation forthwith.
Dated this ninth day of April, 1930.
(Sgd.) STONEHAVEN
Governor-General.
By His Excellency’s Command,
for Treasurer.
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Amendment of Treaty of Peace Regulations.
(Statutory Rules 1920, No. 25, as amended to this date.)
1. Regulation 51c of the Treaty of Peace Regulations is amended—
(a) by omitting paragraph (a) of sub-regulation (2) and inserting in its stead the following paragraph:—
“(a) In respect of unplanted land so excluded, a reduction shall be made in accordance with the following provisions:—
(i) The value of the whole of the unplanted land purporting to be sold to the purchaser shall be deemed to be such sum as bears the same relation to the purchase price payable in respect of the whole of the property as the value placed upon such implanted land by the Custodian bears to the value placed by him upon the whole of the property prior to the sale thereof;
(ii) The value of the unplanted land determined in accordance with the last preceding sub-paragraph shall be divided by the total number of hectares of unplanted land purporting to be sold to the purchaser;
(iii) The amount ascertained in pursuance of the last preceding sub-paragraph shall be multiplied by the number of hectares of implanted land excluded from transfer to the purchaser and the amount resulting shall be the amount by which the purchase money shall be reduced; and”; and
(b) by omitting sub-paragraph (ii) of paragraph (b) of sub-regulation (2) and inserting in its stead the following sub-paragraph:—
“(ii) For the purposes of the last preceding sub-paragraph, the value of the unplanted land shall be calculated in accordance with the provisions of paragraph (a) of this sub-regulation.”.
2. Regulation 58 of the Treaty of Peace Regulations is amended by adding at the end thereof the following proviso:—
“Provided that, where the Custodian is satisfied that, by reason of a fall in the market price of copra or other extraordinary circumstances not within the control of a purchaser of a plantation, such purchaser is temporarily unable to make payment of moneys falling due under his contract of sale, the Custodian may defer payment of the whole or any portion of the moneys so due for such period and on such terms as the Minister approves.”.
By Authority: H. J. Green, Government Printer, Canberra.
Overview
The Treaty of Peace (Germany) Act 1919-1920 was enacted to facilitate the administration of German properties in Australia following the conclusion of World War I. This legislation was designed to address the issue of German-owned assets and properties that were subject to seizure and management by the Australian Government. The Act empowered the Governor-General, acting with the advice of the Federal Executive Council, to make regulations under its authority, including the Treaty of Peace Regulations 1930, which were made to amend and refine the mechanisms for the administration and sale of these properties. The policy objective of the Act was to ensure the orderly management and eventual disposal of German-owned assets, thereby providing a means of financial recovery and compensation for those affected by the war.
Scope and Application
The Regulations under the Treaty of Peace (Germany) Act 1919-1920, specifically as amended by Statutory Rules 1930, No. 39, apply to transactions involving the sale of property in Germany that were previously subject to the Treaty of Peace between the Allied and Associated Powers and Germany. These regulations concern the sale of land, particularly distinguishing between planted and unplanted land, and address adjustments to purchase prices based on the valuation of such land. The regulations are applicable to entities or individuals engaged in the purchase and sale of property in Germany, as well as to the Custodian, who oversees these transactions under the terms of the Treaty. The jurisdictional reach of these regulations is inherently tied to the Treaty's provisions, impacting those within the Commonwealth of Australia who are involved in the specified transactions. The regulations do not explicitly state exclusions or exemptions, but they do provide specific mechanisms for adjusting purchase prices and deferring payments under certain conditions. The application of these regulations can be extended or modified through subordinate instruments as necessary, ensuring flexibility in managing the complexities of post-Treaty property transactions.
Key Provisions
The Regulations under the Treaty of Peace (Germany) Act 1919-1920, specifically amend two key sections of the Treaty of Peace Regulations. Regulation 51c (paragraph a) is revised to provide a new method for determining the value of unplanted land when it is excluded from a sale to a purchaser. This involves a proportional calculation based on the value of the land as assessed by the Custodian, and the purchase price of the entire property. Regulation 51c (paragraph b) also modifies the calculation of the value of unplanted land to align with the new method described in paragraph (a). Regulation 58 is amended with a proviso that allows for the deferment of payments due under a sale contract if the Custodian determines that the purchaser is temporarily unable to pay due to a drop in market prices or other uncontrollable circumstances. The decision to defer payment must be approved by the Minister.
These Regulations impose specific obligations on the Custodian regarding the valuation and sale of land, particularly in situations where land is excluded from a sale. The Custodian must now apply the revised calculation method outlined in Regulation 51c(a) and (b) when determining the value of unplanted land. Additionally, if a purchaser is unable to meet payment obligations due to market conditions or other extraordinary circumstances, the Custodian must seek approval from the Minister before deferring any payments, as stipulated in Regulation 58.
Failure to comply with these Regulations could lead to legal consequences, although specific offences and penalties are not explicitly detailed in the text. However, the importance of adhering to these provisions is underscored by the role of the Custodian and the oversight by the Minister, indicating that non-compliance could result in administrative or legal repercussions. The precise penalties are not specified in the provided excerpt, but the regulatory framework suggests that breaches may be subject to scrutiny and potential sanctions.