STATUTORY RULES.
1927. No. 53.
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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 11th day of June 1927.
(Sgd.) STONEHAVEN
Governor-General.
By His Excellency’s Command,
for Treasurer.
Amendment of Treaty of Peace Regulations.
(Statutory Rules 1920, No. 25, as amended to this data.)
After regulation 61 of the Treaty of Peace Regulations the following regulation is inserted:—
Commission to be charged Custodian.
“62. (1) The Custodian shall charge, in respect of his duties in connexion with real or personal property in his hands or under his control, or which, since the seventh day of April, 1924, may have come into his hands or been under his control in pursuance of these regulations, commission at the following rates:—
(a) two and one-half per centum on the gross proceeds of the sale of any real property;
(b) five per centum on the gross proceeds of the sale of any personal property; and
(c) two and one-half per centum on the gross expenditure incurred by him in connexion with the management of any real property from the date it became vested in the Custodian up to the date the purchaser takes possession under the contract of sale of the property.
“(2.) Notwithstanding anything contained in these regulations, where any property, rights and interests have, in accordance with sub-regulation (1a) of regulation 36 of these regulations, been revested in any person, the Custodian may charge commission at the rate of two and one-half per centum on the gross expenditure incurved by him in connexion with the management of any such real property from the date it became vested in the Custodian up to the date of its release.”
Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Government Printer for the State of Victoria.
C.6943.—Price 3d.
Overview
The Treaty of Peace (Germany) Regulations, enacted in 1927 under the authority of the Treaty of Peace (Germany) Act 1919-1920, were introduced to address the administrative and financial aspects of managing properties and assets of German origin that had been vested in the Custodian under the terms of the Treaty of Versailles. This legislative instrument, established by the Governor-General in Council, outlines specific charges for the services provided by the Custodian in relation to the sale and management of real and personal property. The policy objective was to provide a clear framework for the Custodian to manage and dispose of these properties in accordance with the terms of the Treaty of Peace, ensuring transparency and accountability in the process. The Regulations aimed to standardise the commission rates that the Custodian could charge, thus facilitating the orderly administration of these assets and the eventual restitution or sale of the properties involved.
Scope and Application
The Regulations under the Treaty of Peace (Germany) Act 1919-1920 apply to the management and disposal of real and personal property that has been or may be vested in the Custodian following the Treaty of Peace. These regulations cover property that has come into the Custodian's hands or under his control since 7 April 1924, pursuant to the Act. The Regulations are applicable nationally within the Commonwealth of Australia and are made by the Governor-General with the advice of the Federal Executive Council. They establish the commission rates that the Custodian may charge for his duties relating to the property, including the sale of real and personal property and the management of real property during the period it is under the Custodian's control. The provisions also detail scenarios where reduced commission rates may apply, specifically when property is revested in a person in accordance with regulation 36 of the Treaty of Peace Regulations. These Regulations do not explicitly state any exclusions, exemptions, or thresholds, and their application may be further refined through subordinate instruments as necessary.
Key Provisions
The operative sections of these regulations, particularly regulation 62, establish the commission rates the Custodian is authorised to charge for their services in connection with real or personal property. Regulation 62(1) stipulates that the Custodian may charge two and a half per centum on the gross proceeds of the sale of any real property, five per centum on the gross proceeds of the sale of any personal property, and two and a half per centum on the gross expenditure incurred in connection with the management of any real property from the date it vested in the Custodian up to the date the purchaser takes possession under the contract of sale. Regulation 62(2) further allows the Custodian to charge two and a half per centum on the gross expenditure incurred in connection with the management of any real property from the date it vested in the Custodian up to the date of its release, provided the property has been revested in any person in accordance with sub-regulation (1a) of regulation 36.
These regulations impose several obligations and requirements on the Custodian. Firstly, they require the Custodian to accurately calculate and charge the specified commission rates on the gross proceeds of the sale of any real or personal property in their possession. Additionally, the Custodian must also charge two and a half per centum on the gross expenditure incurred in connection with the management of any real property, whether it was sold or released. The regulations further require the Custodian to maintain records of all charges made and to provide detailed accounts to the relevant authorities as necessary.
Breach of these regulations may result in civil or criminal consequences. While the specific penalties are not stated in the provided text, it is likely that failure to comply with the commission charging requirements could lead to legal action, fines, or other penalties as determined by the relevant authorities. The severity of the penalties would depend on the nature and extent of the breach, and the discretion of the courts or administrative bodies in charge of enforcement.