STATUTORY RULES.
1923. No. 181
REGULATION 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 Regulation under the Treaty of Peace (Germany) Act 1919‑1920, to come into operation as from the 23rd May, 1923.
Dated this 5th day of December, 1923.
(Signed) FORSTER
Governor‑General.
By His Excellency’s Command,
for Minister of State for Trade and Customs.
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Amendment of Treaty of Peace Regulations.
(Statutory Rules 1920, No. 25, as amended to this date.)
Regulation 20 of the Treaty of Peace 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”.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.18098.—Price 3d.
Overview
The Statutory Rules 1923 No. 181, issued under the Treaty of Peace (Germany) Act 1919-1920, aims to amend existing regulations concerning the release of property rights and interests held by the Public Trustee. Enacted by the Governor-General with the advice of the Federal Executive Council, these regulations are designed to come into operation on the 23rd May 1923. The primary objective is to ensure that any release of property rights or interests by the Public Trustee, whether before or after the enactment of these regulations, will result in the re-vesting of those rights or interests in the original owner or their personal representative or official assignee, depending on the circumstances. This legislative instrument addresses a specific procedural gap in the management of property held by the Public Trustee, aiming to clarify and streamline the process of property re-vestment following a release.
Scope and Application
This statutory instrument, made under the Treaty of Peace (Germany) Act 1919-1920, amends the Treaty of Peace Regulations and applies to the Commonwealth of Australia. Specifically, it affects the operations of the Public Trustee who is responsible for managing property rights and interests that have been vested in them due to the charges specified in the Treaty of Peace. The amendment pertains to the release of such property rights or interests, either before or after the commencement of this sub-regulation, thereby impacting the re-vesting of these rights or interests in the original owner or their personal representative or assignee. The instrument aims to clarify and streamline the process by which the Public Trustee releases property rights, thus directly affecting the administration and legal standing of these assets within Australia. The regulation does not explicitly state any exclusions or exemptions, but its application is limited to the scope defined by the Treaty of Peace Regulations and the Treaty of Peace Act itself.
Key Provisions
The main operative sections of this legislative instrument are found in Regulation 20 of the Treaty of Peace Regulations, as amended by this Statutory Rule. Specifically, sub-regulation (1a) has been revised to clarify the conditions under which property rights or interests are released from charges by the Public Trustee (Regulation 20(1a)). The amendment ensures that any released property rights or interests are re-vested in the original owner, or their personal representative or official assignee if the original owner is deceased or bankrupt (Regulation 20(1a)). Furthermore, sub-regulation (1b) has been altered to replace the term "order" with "release" on both occasions it appears (Regulation 20(1b)).
This legislative amendment imposes clear obligations on the Public Trustee. When the Public Trustee releases any property rights or interests from the specified charges, it must ensure that the re-vesting of those rights or interests occurs correctly. If the original owner is deceased or bankrupt, the Public Trustee must re-vest the rights or interests in the personal representative or official assignee of the original owner's property, respectively (Regulation 20(1a)). This amendment requires the Public Trustee to undertake due diligence in identifying the rightful recipients of re-vested property rights or interests.
Failure to comply with the provisions of this Statutory Rule may result in legal consequences. While the exact penalties are not specified within the text, breaches of the Treaty of Peace Regulations could potentially lead to civil or criminal liability, depending on the nature and severity of the non-compliance. The Public Trustee could face legal action from affected parties, including the original owners, personal representatives, or official assignees, if they fail to correctly re-vest property rights or interests as required by Regulation 20(1a) and (1b). The potential penalties could range from financial compensation to more severe legal repercussions, depending on the court's determination of the breach's impact.