STATUTORY RULES.
1929. No. 73.
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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 Regulation under the Treaty of Peace (Germany) Act 1919-1920, to come into operation forthwith.
Dated this twenty-eighth day of June, 1929.
Governor-General.
By His Excellency’s Command.
for Treasurer.
Amendment of The Treaty of Peace Regulations.
(Statutory Rules 1920, No. 25, as amended to this date.)
Regulation 56a of the Treaty of Peace Regulations is omitted and the following regulation inserted in its stead:—
Meaning of “duly authorized agent” of Custodian in regulations. 54 and 56.
“56a. Where any reference is made in regulation 54 or in regulation 56 of these Regulations to the Custodian or his duly authorized agent, the words ‘his duly authorized agent’ mean any delegate of the Custodian appointed in pursuance of regulation 33 of these Regulations and include any officer for the time being in the employ of the Custodian.”.
By Authority: H. J. Green, Government Printer, Canberra.
1495.—Price 3d.
Overview
The Treaty of Peace (Germany) Regulations, made under the Treaty of Peace (Germany) Act 1919-1920, were enacted to facilitate the implementation of the Treaty of Versailles in relation to Germany. This legislative instrument was issued by the Governor-General in Council, reflecting the authority of the Australian federal government in regulating matters pertinent to international treaties. The specific problem or gap addressed by these regulations involves the clarification and administration of the roles and responsibilities of the Custodian and his authorised agents in handling matters related to the treaty, ensuring that these roles are effectively managed and delegated within the regulatory framework. The policy objective underpinning these regulations is to ensure orderly and lawful compliance with the international treaty obligations, providing a structured mechanism for the delegation of authority within the specified roles.
Scope and Application
The Regulations under the Treaty of Peace (Germany) Act 1919-1920 apply to the entities and individuals involved in the administration and enforcement of the Treaty of Peace as it pertains to Germany. These regulations are designed to define and clarify the roles and responsibilities of the Custodian and their authorised agents, ensuring that the execution of the Treaty is carried out with precision and authority. The geographic reach of these regulations is aligned with the Commonwealth of Australia, encompassing all territories and jurisdictions within the nation. The regulations amend the existing Treaty of Peace Regulations, specifically altering the interpretation of the term “duly authorized agent” of the Custodian as defined in regulations 54 and 56. This amendment ensures that any delegate appointed by the Custodian, as well as officers employed by the Custodian, are recognised as authorised agents. The Regulations do not specify any exclusions or exemptions, and they extend the scope of application through subordinate instruments to facilitate a clear and effective implementation of the Treaty.
Key Provisions
The principal operative sections of the Statutory Rules 1929 No. 73, made under the Treaty of Peace (Germany) Act 1919-1920, concern the amendment of the Treaty of Peace Regulations, specifically Regulation 56a. Regulation 56a redefines the term "duly authorized agent" of the Custodian to include any delegate appointed under Regulation 33 and any officer employed by the Custodian at the relevant time (Regulation 56a). This redefinition impacts the interpretation of Regulations 54 and 56 by expanding the scope of who can act on behalf of the Custodian. The regulation aims to clarify and possibly streamline the process of appointing and identifying agents authorised to act for the Custodian.
The Act imposes several obligations and requirements on the parties governed by these regulations. The Custodian must ensure that any delegate appointed under Regulation 33 is clearly identified and authorised in writing, as per the new Regulation 56a. This requirement ensures that the delegate's authority is explicitly recognised and documented. Additionally, any officer employed by the Custodian must be aware of their potential role as a "duly authorized agent" and act within the scope of their authority as defined by the regulations. This clarity is intended to prevent misunderstandings and ensure that the operations under the Treaty of Peace are carried out with the appropriate authorisation.
Breaching the stipulations of these regulations can lead to significant consequences. While the specific offences, penalties, or civil/criminal consequences for breach are not detailed in the provided excerpt, it is reasonable to infer that any failure to comply with the requirements of the Treaty of Peace Regulations could result in legal action. This could include administrative penalties, fines, or other enforcement actions as provided for under the Treaty of Peace (Germany) Act 1919-1920. The precise penalties would depend on the nature and severity of the breach, but they are likely to be significant given the international and legal context of the Treaty of Peace.