Treaty of Peace Regulations (Amendment)

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STATUTORY RULES.

1959. No. 15

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.

Dated this 28th day of February, 1959.

W. J. Slim

Governor-General.

By His Excellency's Command,

Minister of State for Territories.

Amendments of the Treaty of Peace Regulations.†

Payment of instalments and interest on balance outstanding at 31st December, 1949.

1. Regulation 50aa of the Treaty of Peace Regulations is repealed.

2.—(1.) After regulation 58a of the Treaty of Peace Regulations the following regulation is inserted:—

Payment of instalments and interest in respect of sale of reverted property.

“58aa.—(1.) Notwithstanding anything contained in the last preceding regulation, but subject to this regulation—

(a) the balance of purchase money outstanding in respect of the sale of a property under a contract entered into in accordance with the last preceding regulation shall, notwithstanding anything contained in that contract, be paid by quarterly instalments calculated in accordance with sub-regulation (3.) or sub-regulation (4.), as the case requires, of this regulation; and

(b) interest calculated in accordance with sub-regulation (5.) or sub-regulation (6.), as the case requires, of this regulation shall be paid quarterly on the unpaid balance of purchase money outstanding on the first day of the last preceding quarter.

* Notified in the Commonwealth Gazette on 5th March, 1959.

† Statutory Rules 1920, No. 25, as amended by Statutory Rules 1920, No. 235; 1921, Nos. 13, 46, 78, 85, 109, 180, 200 and 232; 1922, Nos. 36, 65, 66, 121, 187 and 191; 1923, Nos. 60, 63, 151, 180, 181 and 182; 1924, Nos. 31, 46, 58, 78 and 133; 1925, Nos. 15, 21 and 201; 1926, Nos. 24, 36, 59, 78, 104, 140, 164, 192 and 193; 1927, Nos. 40, 53, 76 and 123; 1928, Nos 10, 34, 67 and 68; 1929, Nos. 7, 8, 73 and 111; 1930, Nos. 19, 39 and 144; 1933, No. 3; 1936, No. 83; 1937, No. 109; and 1951, No. 31.

8128/58.—Price 5d. 9/10.2.1959.

“(2.) The purchaser of a property under a contract referred to in the last preceding sub-regulation shall complete the payment of the full amount of the purchase money and interest on the purchase money on or before the thirtieth day of June, One thousand nine hundred and seventy-five.

“(3.) Where the purchaser of a property is an Australian soldier, the amount of each instalment payable by him under sub-regulation (1.) of this regulation shall, in respect of each One thousand pounds of the total amount of purchase money that was outstanding after the payment of the deposit and any other amount required to be paid by the purchaser as a condition precedent to the right to possession of the property, be calculated at the rate specified in column 2 of the Third Schedule to these Regulations opposite to the rate specified in column 1 of that Schedule which is the average price per ton of plantation hot-air dried copra during the last preceding quarter.

“(4.) Where the purchaser of a property is not an Australian soldier, the amount of each instalment payable by him under sub-regulation (1.) of this regulation shall, in respect of each One thousand pounds of the total amount of purchase money that was outstanding after the payment of the deposit and any other amount required to be paid by the purchaser as a condition precedent to the right to possession of the property, be calculated at the rate specified in column 4 of the Third Schedule to these Regulations opposite to the rate specified in column 1 of that Schedule which is the average price per ton of plantation hot-air dried copra during the last preceding quarter.

“(5.) Where the purchaser of a property is an Australian soldier, the rate of interest payable by him under sub-regulation (1.) of this regulation shall be the rate specified in column 3 of the Third Schedule to these Regulations opposite to the rate specified in column 1 of that Schedule which is the average price per ton of plantation hot-air dried copra during the last preceding quarter.

“(6.) Where the purchaser of a property is not an Australian soldier, the rate of interest payable by him under sub-regulation (1.) of this regulation shall be the rate specified in column 5 of the Third Schedule to these Regulations opposite to the rate specified in column 1 of that Schedule which is the average price per ton of plantation hot-air dried copra during the last preceding quarter.

“(7.) For the purposes of this regulation, ‘the average price per ton of plantation hot-air dried copra during the last preceding quarter’ means—

(a) one-third of the sum of the amounts declared, for the purposes of the Customs (Copra Export) Tariff 1958 of the Territory of Papua and New Guinea, by the Administrator of the Territory of Papua and New Guinea in each of the three months preceding the date on which the payment of an instalment or interest is to be made, to be the assessed value per ton of copra exported from the Territory during each of those months; or

(b) where, in any month, the Administrator does not declare an amount for the purposes of that Tariff, an amount declared by the Minister, by notice in the Government Gazette of the Territory of Papua and New Guinea, to be the average price per ton of plantation hot-air dried copra during the three months preceding the date on which the payment of an instalment or interest is to be made.”.

(2.) Instalments of purchase money and payments of interest under the provisions of the Treaty of Peace Regulations, as amended by these Regulations, shall be calculated in accordance with those provisions as from the first day of April, 1959, and the first day of July, 1959, respectively.

The Third Schedule.

3. The Third Schedule to the Treaty of Peace Regulations is repealed and the following Schedule inserted in its stead:—

THE THIRD SCHEDULE. Regulations 50aa and 58aa.

Table for Calculation of Amount of Quarterly Instalments and Interest.

Column 1.	Column 2.			Column 3.	Column 4.			Column 5.
Where the average price per ton of plantation hot-air dried copra during the last preceding quarter is—	Rate of quarterly payment in respect of each £1,000 of purchase money by purchaser who is an Australian soldier.			Rate per centum per annum at which interest is to be calculated quarterly where the purchaser is an Australian soldier.	Rate of quarterly payment in respect of each £1,000 of purchase money by purchaser who is not an Australian soldier.			Rate per centum per annum at which interest is to be calculated quarterly where the purchaser is not an Australian soldier.
	£	s.	d.		£	s.	d.
Less than £41..........................	Nil			Nil	Nil			Nil
£41 and less than £42.....................	0	14	0	3¾	0	14	0	4
£42 and less than £43.....................	1	8	0	3¾	1	8	0	4
£43 and less than £44.....................	2	2	0	3¾	2	2	0	4
£44 and less than £45.....................	2	16	0	3¾	2	16	0	4
£45 and less than £46.....................	3	10	0	3¾	3	10	0	4
£46 and less than £47.....................	4	4	0	3¾	4	4	0	4
£47 and less than £48.....................	4	18	0	3¾	4	18	0	4
£48 and less than £49.....................	5	12	0	3¾	5	12	0	4
£49 and less than £50.....................	6	6	0	3¾	6	6	0	4
£50 and less than £51.....................	7	0	0	3¾	7	0	0	4
£51 and less than £52.....................	7	14	0	3¾	7	14	0	4
£52 and less than £53.....................	8	8	0	3¾	8	8	0	4
£53 and less than £54.....................	9	2	0	3¾	9	2	0	4
£54 and less than £55.....................	9	16	0	3¾	9	16	0	4
£55 and less than £56.....................	10	10	0	3¾	10	10	0	4
£56 and less than £57.....................	11	4	0	3¾	11	4	0	4
£57 and less than £58.....................	11	18	0	3¾	11	18	0	4
£58 and less than £59.....................	12	12	0	3¾	12	12	0	4
£59 and less than £60.....................	13	6	0	3¾	13	6	0	4
£60 and less than £61.....................	14	0	0	3¾	14	0	0	4
£61 and less than £62.....................	14	14	0	3¾	14	14	0	4
£62 and less than £63.....................	15	8	0	3¾	15	8	0	4
£63 and less than £64.....................	16	2	0	3¾	16	2	0	4
£64 and less than £65.....................	16	16	0	3¾	16	16	0	4
£65 and less than £66.....................	17	10	0	3¾	17	10	0	4

The Third Schedule—continued.

Column 1.	Column 2.			Column 3.	Column 4.			Column 5.
Where the average price per ton of plantation hot-air dried copra during the last preceding quarter is—	Rate of quarterly payment in respect of each £1,000 of purchase money by purchaser who is an Australian soldier.			Rate per centum per annum at which interest is to be calculated quarterly where the purchaser is an Australian soldier.	Rate of quarterly payment in respect of each £1,000 of purchase money by purchaser who is not an Australian			Rate per centum per annum at which interest is to be calculated quarterly where the purchaser is not an Australian soldier.
	£	s.	d.		£	s.	d.
£66 and less than £67.....................	18	4	0	3¾	18	4	0	4
£67 and less than £68.....................	18	18	0	3¾	18	18	0	4
£68 and less than £69.....................	19	12	0	3¾	19	12	0	4
£69 and less than £70.....................	20	6	0	3¾	20	6	0	4
£70 and more than £70....................	20	6	0	3¾	20	6	0	4
	plus an amount of 14s. for each £1 or portion of £1 by which the average price per ton of plantation hot-air dried copra exceeds £70.				plus an amount of 14s. for each £1 or portion of £1 by which the average price per ton of plantation hot-air dried copra exceeds £70.

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.

Overview

The Treaty of Peace (Germany) Act 1919-1920 was enacted to address the financial obligations arising from the Treaty of Versailles, which concluded World War I. This legislation was enacted by the Commonwealth Parliament to provide a framework for the implementation of the Treaty's financial terms within Australia. The primary policy objective of these regulations, as detailed in the Statutory Rules 1959, No. 15, is to facilitate the payment of instalments and interest on the balance of purchase money outstanding for properties sold under the Treaty of Peace Regulations, as amended. These regulations establish a structured approach for calculating and paying the outstanding balances and interest, taking into account the average price per ton of plantation hot-air dried copra during the last preceding quarter, with specific rates for Australian soldiers and other purchasers.

Scope and Application

The Treaty of Peace (Germany) Act 1919-1920, as amended by the Statutory Rules 1959, No. 15, applies to the payment of instalments and interest concerning the sale of reverted property, particularly focusing on the payment terms for purchasers, whether they are Australian soldiers or not. The geographic reach of these regulations is limited to Australia and the Territory of Papua and New Guinea, as the calculations for the purchase money and interest rates are tied to the average price per ton of plantation hot-air dried copra during the last preceding quarter, as declared by the Administrator of the Territory of Papua and New Guinea or the Minister. The regulations specify different rates for Australian soldiers and non-soldiers, with the rates varying based on the average price of copra, as detailed in the Third Schedule to these Regulations. The regulations do not explicitly state any exclusions, exemptions, or thresholds, but the applicability of different rates for soldiers and non-soldiers implies a differentiation based on the purchaser’s status. The application of these regulations is extended through subordinate instruments, as they rely on the Third Schedule for the calculation of the rates.

Key Provisions

The main operative sections of the Regulations under the Treaty of Peace (Germany) Act 1919-1920, set forth in Statutory Rules 1959 No. 15, primarily concern the payment of instalments and interest on the balance outstanding at 31 December 1949. Regulation 50aa of the Treaty of Peace Regulations is repealed and replaced by the new Regulation 58aa (Section 1 and 2). Regulation 58aa introduces new provisions for the payment of instalments and interest on the sale of reverted property, replacing the previous regulations (Section 2). These payments are to be calculated based on the average price per ton of plantation hot-air dried copra during the last preceding quarter, as specified in the Third Schedule to these Regulations (Section 2 and 3). The Third Schedule provides a table for calculating the rates of quarterly payment and interest based on the average price per ton of copra. The Regulations impose specific obligations on parties involved in the sale of reverted property under the Treaty of Peace. Purchasers must pay the balance of purchase money in quarterly instalments and interest on the unpaid balance, as calculated according to the Third Schedule (Section 2(1)). Australian soldiers and non-Australian soldiers are subject to different rates of payment and interest (Section 2(3) to (6)). The full amount of the purchase money and interest must be paid by the thirtieth day of June 1975 (Section 2(2)). The average price per ton of plantation hot-air dried copra is to be determined based on declarations by the Administrator of the Territory of Papua and New Guinea or the Minister, as outlined in Section 2(7). The Regulations do not explicitly state any offences, penalties, or civil/criminal consequences for breaches of the provisions. However, failure to comply with the payment obligations as specified could potentially lead to legal consequences under the overarching Treaty of Peace (Germany) Act 1919-1920, which may include enforcement actions or financial penalties as prescribed by the Act.

Area of Law: International Law
Instrument: Regulation
Concepts: Reporting & Disclosure Obligations; Repeal & Amendment; Definitions & Interpretation

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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