STATUTORY RULES.
1924. No. 46
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 Regulations under the Treaty of Peace (Germany) Act 1919‑1920, to come into operation forthwith.
Dated this nineteenth day of March, 1924.
(Signed) FORSTER
Governor‑General.
By His Excellency’s Command,
Treasurer.
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Amendment of Treaty of Peace Regulations.
(Statutory Rules 1920, No. 25, as amended to this date.)
1. Regulation 36 of the Treaty of Peace Regulations is amended by inserting after sub‑regulation (1c) the following sub‑regulation:—
“(1d) Notwithstanding anything contained in these Regulations where part only of any property, rights or interests is revested under this regulation in the person to whom the property, rights or interests belonged at the date of the coming into force of the Treaty, and the remainder thereof continues to be vested in the Custodian, the Custodian may sell the remainder to that person on such terms as the Custodian thinks fit:
Provided that the terms as to payment shall not in any case be more advantageous to the purchaser than those specified in paragraph (2) of regulation 50 of these Regulations, reading that paragraph as if—
(a) in sub‑paragraph (a) there were substituted for the words ‘forwarded with the tender by way of deposit’ the words ‘paid on the execution of the contract of sale by the purchaser’; and
(b) in sub‑paragraphs (b), (c), (d), and (e) there were substituted for the words ‘that his tender has been accepted’ the words ‘of the execution of the contract of sale by the Custodian’”.
2. Regulation 46 of the Treaty of Peace Regulations is amended by inserting, at the commencement thereof, the words “Subject to sub‑regulation (1d) of regulation 36 of these Regulations)”.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.4035.—Price 3d.
Overview
The Statutory Rules 1924 No. 46, made under the Treaty of Peace (Germany) Act 1919-1920, aim to amend the existing Treaty of Peace Regulations concerning the vesting and sale of property, rights, and interests that were previously held by German nationals and entities but were taken over during the Treaty of Versailles. Enacted by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, these regulations address the complexities of re-vesting partial interests in property while ensuring that the Custodian's terms of sale remain equitable and in line with the original legislative intent. The policy objective behind these amendments is to provide clarity and flexibility in the re-vestment process, enabling the Custodian to sell remaining interests under fair and regulated conditions while preventing any undue advantage to the purchaser.
Scope and Application
The Treaty of Peace (Germany) Regulations 1924, made under the Treaty of Peace (Germany) Act 1919-1920, specifically address the reversion of property, rights, or interests that were previously held by German nationals or entities and affected by the Treaty of Peace. These Regulations apply to individuals or entities whose property, rights, or interests were vested in the Custodian of Enemy Property due to the enactment of the Treaty. The Regulations are applicable on a national level within the Commonwealth of Australia, and they provide guidelines for the sale of any remaining interests in such properties that were not fully revested to their original owners. Notably, these Regulations do not exclude any categories of property or individuals outright but rather focus on the terms under which the Custodian may sell the remaining interests, ensuring that the terms of sale are fair and not overly advantageous to the purchaser. The Regulations also extend their application through subordinate instruments, which may further define or refine the terms and conditions under which properties are managed and sold.
Key Provisions
The Treaty of Peace (Germany) Regulations, 1924, specifically amend Regulation 36 by adding a new sub-regulation (1d). This new sub-regulation allows the Custodian to sell any remaining parts of property, rights, or interests to the original owner, provided that the original owner has already received a portion of their property back. The terms of the sale must not be more advantageous to the purchaser than those outlined in Regulation 50, paragraph (2), with certain modifications as specified in the new sub-regulation. Regulation 46 is also amended to incorporate a reference to the new sub-regulation (1d) of Regulation 36.
Under these regulations, the Custodian is granted the authority to sell remaining parts of properties, rights, or interests back to the original owners under specified conditions. This includes adhering to the payment terms outlined in Regulation 50, paragraph (2), with the modifications detailed in sub-regulation (1d). Additionally, these regulations require that the terms of sale must be approved by the Custodian and cannot be more advantageous to the purchaser than those originally stipulated.
The regulations impose certain obligations on the Custodian. Firstly, they must ensure that the sale terms of any remaining property, rights, or interests do not provide undue advantage to the purchaser. Secondly, the Custodian must follow the payment conditions modified by sub-regulation (1d), ensuring that payments are made upon the execution of the contract of sale rather than upon the deposit of the tender. These obligations are integral to maintaining fairness and adherence to the original terms set forth in Regulation 50.
Failure to comply with these regulations could result in civil or criminal consequences. While the specific penalties are not detailed in the text, breaches of regulations under the Treaty of Peace (Germany) Act 1919-1920 could potentially lead to legal action, fines, or other penalties as prescribed by law. The precise nature and extent of these penalties would depend on the severity and impact of the breach, as well as the applicable statutory provisions.