STATUTORY RULES.
1923 No. 60.
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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 forthwith.
Dated this twenty‑third day of May, 1923.
FORSTER,
Governor‑General.
By His Excellency’s Command,
AUSTIN CHAPMAN,
Minister of State for Trade and Customs.
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Amendment of the Treaty of Peace Regulations.
(Statutory Rules 1920, No. 25, as amended to this date.)
Regulation 20d of the Treaty of Peace Regulations is repealed and the following regulation is inserted in its stead: —
“20d. Where—
Registration of Public Trustee as registered proprietor of land.
(a) the property right or interest vested in the Public Trustee by the Minister consists of the estate or interest in land of a national of the former German Empire as heir‑at‑law or devisee of a deceased registered proprietor of such land under the law in force in the State or part of the Commonwealth in which the land is situated; and
(b) had such estate or interest not been vested in the Public Trustee and had the heir‑at‑law or devisee not been a national of the former German Empire, the heir‑at‑law or devisee would have been entitled under the said law to apply to be registered as proprietor of such estate or interest; and
(c) a copy of the vesting order certified under the hand of the Public Trustee is lodged with the Registrar‑General or Registrar of Titles or other proper officer of such State or part of the Commonwealth,
the Registrar‑General, Registrar of Titles or other proper officer shall, whether the duplicate grant or Certificate of Title in respect, of the land is produced or not, register such vesting order in the Register Book and in the manner as nearly as may be in which dealings with land or an estate or interest therein are registered and deal with and give effect to such vesting order as if the Public Trustee were the heir‑at‑law or devisee of the deceased registered proprietor and the vesting order were an application duly made under the said law by the Public Trustee as such heir‑at‑law or devisee to be registered as proprietor of such estate or interest.”
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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.5643.—Price 3d.
Overview
The Treaty of Peace (Germany) Act 1919-1920 was enacted to address issues arising from the conclusion of World War I, particularly those concerning the property and interests of nationals from the former German Empire. This Act provided a legal framework for the administration and disposition of such property within Australia. The relevant regulation, Statutory Rules 1923 No. 60, was made under the authority of the Act by the Governor General in and with the advice of the Federal Executive Council. The policy objective of this regulation was to ensure that land interests vested in the Public Trustee, on behalf of nationals of the former German Empire, were appropriately registered in accordance with local law, thereby facilitating the orderly transfer and administration of these properties. The regulation specifically addressed the registration process for the Public Trustee as the registered proprietor of land, ensuring that the legal process mirrored that which would have applied if the heir-at-law or devisee were not a national of the former German Empire.
Scope and Application
The Treaty of Peace (Germany) Regulations 1923, made under the Treaty of Peace (Germany) Act 1919-1920, specifically address the registration of land interests held by the Public Trustee for German nationals in Australia. These regulations apply to any property rights or interests in land that have been vested in the Public Trustee due to the heir-at-law or devisee being a national of the former German Empire. This includes situations where the heir or devisee would have been entitled to apply for registration of the land under state or Commonwealth law if they were not a German national. The regulations require that a certified copy of the vesting order be lodged with the relevant Registrar-General, Registrar of Titles, or other designated officer. Upon receipt, the officer must register the vesting order as if the Public Trustee were the heir or devisee applying for registration, ensuring the order is handled in accordance with standard land registration procedures. This regulatory framework is designed to facilitate the lawful transfer and registration of land interests affected by the status of German nationals post-World War I.
Key Provisions
The main operative sections of this statutory instrument pertain to the amendment of the Treaty of Peace Regulations, specifically Regulation 20d. This regulation outlines the procedure for the Public Trustee to register a vesting order for the property of a national of the former German Empire as the heir-at-law or devisee of a deceased registered proprietor of land. According to section 20d(a), if the property right or interest in land was vested in the Public Trustee by the Minister, and the heir-at-law or devisee would have been entitled to apply for registration if they were not a national of the former German Empire, the regulation mandates the registration of the vesting order. Section 20d(b) and (c) require the lodging of a certified copy of the vesting order with the Registrar-General or Registrar of Titles or other appropriate officer, who must then register the vesting order in the Register Book, treating it as if the Public Trustee was the heir-at-law or devisee making the application.
The Act imposes several obligations on the parties involved. The Public Trustee must ensure that the vesting order is certified and lodged with the appropriate registrar. The Registrar-General, Registrar of Titles, or other relevant officer is obligated to register the vesting order in the Register Book, following the standard procedures for registering land or an estate or interest therein. This registration process must be completed even if the duplicate grant or Certificate of Title for the land is not produced. The regulation ensures that the rights of the heir-at-law or devisee are upheld by treating the Public Trustee's application as if it were made by the rightful heir.
Failure to comply with the provisions of this regulation could lead to legal consequences. While the regulation does not explicitly state penalties for non-compliance, the omission of such penalties suggests that non-compliance may result in legal disputes or challenges to the validity of the registration. The Registrar-General, Registrar of Titles, or other relevant officer may face scrutiny if they fail to register the vesting order as mandated by section 20d. Additionally, the Public Trustee may be held accountable if they do not properly certify and lodge the vesting order with the appropriate officer, potentially leading to complications in the registration process and challenges to the validity of the land title.