STATUTORY RULES.
1922. No. 66.
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 May, 1922.
FORSTER,
Governor‑General.
By His Excellency’s Command,
L. EARLE,
for Prime Minister.
_______
Amendment of Treaty of Peace Regulations as Amended to this Date.
1. Regulation 44 is repealed and the following regulation is inserted in its stead:—
Custodian may sell property.
“Subject to these Regulations the Custodian may sell any property retained by him or vested in him under this Part of these Regulations or under or by virtue of the Expropriation Ordinance 1920‑1922 of the Territory of New Guinea.”
2. Regulation 46 is amended by omitting the figures “1917‑1920” and inserting in their stead the figures “1920‑1921”.
3. Regulation 48 is amended by repealing sub‑regulation (1) and inserting in its stead the following sub‑regulation:—
Particulars to be included in tender.
“(1) In each tender the amount of purchase money offered in respect of a property shall be shown under the following heads:—
(a) Land and plantations.
(b) Buildings of all kinds, including jetties, copra‑dryers, and all fixtures specified in the schedules or inventories issued by the Custodian for the inspection of intending purchasers.
(c) Live stock, plant, machinery, vehicles, vessels, boats and other property specified in the schedules or inventories issued by the Custodian for the inspection of intending purchasers.
(d) Goodwill.”
4. Regulation 50 is amended—
(a) by omitting from sub‑regulation (1) the figures “1917‑1920” and inserting in their stead the figures “1920‑1921”; and
(b) by inserting in sub‑regulation (2) after the word “soldier” the words “within the meaning of the Australian Soldiers’ Repatriation Act 1920 1921”.
5. Regulation 51 is repealed and the following regulation is inserted in its stead:—
Description of property to be taken as correct.
“51. The particulars and information given to intending purchasers by the Custodian or any person authorized by him will be obtained from official sources, and shall be accepted by the purchaser as correct, and any error found therein shall not annul the sale or entitle the purchaser to be discharged from his purchase or to any reduction of the purchase‑money.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.5979.—Price 3d.
Overview
The Treaty of Peace (Germany) Regulations 1922, made under the Treaty of Peace (Germany) Act 1919-1920, were enacted by the Governor-General in Council to provide for the management and sale of property in New Guinea that was previously held by German nationals and entities. This legislative instrument addresses the need to effectively administer and liquidate the assets that were expropriated from German interests as a consequence of the Treaty of Versailles. The policy objective of these regulations was to ensure the orderly sale of property and the protection of purchasers against errors in the information provided by the Custodian. These regulations provided a structured approach to selling properties, requiring detailed disclosure in tenders, and ensuring that the descriptions provided were authoritative and binding.
Scope and Application
The Treaty of Peace (Germany) Act 1919-1920 is implemented through these Regulations, which apply to the sale of property that was retained by or vested in the Custodian under this Part of the Regulations or the Expropriation Ordinance 1920-1922 of the Territory of New Guinea. The Custodian, who is the entity responsible for managing the sale of this property, is permitted to sell it subject to the terms of these Regulations. The Regulations apply to the Commonwealth of Australia, specifically focusing on the management and sale of properties previously owned by German nationals or entities within the Territory of New Guinea. These Regulations are designed to ensure that the sale of these properties is conducted in a transparent and legally binding manner, with particular attention to the details of tenders and the acceptance of property descriptions as correct. The sale of property is thus governed by these Regulations, which outline the process and conditions for such transactions, ensuring that any errors in the provided information do not affect the validity of the sale or entitle the purchaser to any reduction in the purchase price.
Key Provisions
The Regulations under the Treaty of Peace (Germany) Act 1919-1920 introduce several amendments to the existing legal framework governing the sale and management of property retained by the Custodian. Regulation 44 has been repealed and replaced with a new provision that allows the Custodian to sell any property retained by or vested in him, subject to the terms of these Regulations and the Expropriation Ordinance 1920-1922 of the Territory of New Guinea (Regulation 1). Regulation 46 has been updated by amending the figures from "1917-1920" to "1920-1921" (Regulation 2). Furthermore, Regulation 48 has been revised to specify the particulars that must be included in tenders for the purchase of property, such as land and plantations, buildings, fixtures, livestock, plant, machinery, vehicles, vessels, boats, and other specified property, as well as goodwill (Regulation 3). Regulation 50 has also been amended by replacing the figures "1917-1920" with "1920-1921" and including a definition of "soldier" from the Australian Soldiers’ Repatriation Act 1920-1921 (Regulation 4). Lastly, Regulation 51 has been repealed and replaced with a new regulation that ensures the accuracy of property information provided to purchasers by the Custodian or any authorised person, stating that any errors will not annul the sale or entitle the purchaser to a reduction in purchase price (Regulation 5).
The Act imposes specific obligations on the Custodian in relation to the sale and management of property. The Custodian is required to obtain the particulars and information provided to intending purchasers from official sources and must ensure that this information is accurate and complete. The Custodian is also authorised to sell any property retained by or vested in him, subject to the terms of these Regulations and the Expropriation Ordinance 1920-1921. Furthermore, the Act mandates that any errors in the information provided to purchasers will not affect the validity of the sale or entitle the purchaser to any reduction in purchase price.
The Regulations do not explicitly outline specific offences, penalties, or civil or criminal consequences for breach. However, the Act may provide for such consequences under the broader legal framework of the Treaty of Peace (Germany) Act 1919-1920 or related legislation. Any breach of the provisions of the Act could potentially lead to legal action, including civil or criminal proceedings, with penalties determined by the applicable laws. The exact penalties would depend on the nature and severity of the breach, as well as any relevant case law or statutory provisions.