STATUTORY RULES.
1920. No. 257.
REGULATIONS UNDER THE WAR PRECAUTIONS ACT REPEAL ACT 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 War Precautions Act Repeal Act 1920, to come into operation forthwith.
Dated this fifteenth day of December, 1920.
FORSTER,
Governor-General.
By His Excellency’s Command,
GRANVILLE RYRIE,
for Minister of State for Defence.
Amendment of War Precautions (Companies, Firms, and Businesses) Regulations.
(Statutory Rules 1916, No. 49, as amended by Statutory Rules 1916, No. 137, by Statutory Rules, 1917, Nos. 11, 35, 289, and 328, by Statutory Rules 1918, Nos. 264 and 274, by Statutory Rules 1919, No. 96, and by Statutory Rules 1920, No. 2.)
1. After regulation 1 of the War Precautions (Companies, Firms and Businesses) Regulations, the following regulation is inserted:—
Definitions.
“1a. In these Regulations, unless the contrary intention appears—
‘Capital’ includes stock, shares, dehentures, bonds or other securities;
‘Foreign company’ means any company which, is incorporated in any country not being part of the British Empire;
‘Foreign firm’ means any firm which is registered in any country not being part of the British Empire;
‘Registration’ includes the filing or lodging of any document, or the taking of any step, which is required by the law of a State to be filed, lodged or taken before a company or firm can trade or carry on business in that State;
‘Private company’ or ‘proprietary company’ means any company which under its memorandum or articles of association, restricts the right to transfer its shares and limits the number of its shareholders (exclusive of persons who are in the employment of the company) to fifty persons.”
2. Regulation 1 of Statutory Rules 1920, No. 2, is repealed.
3. Regulation 7 is amended by adding at the end thereof the following sub-regulation:—
“(2) For the purposes of this regulation the disclosure of information by a person called by the Crown as a witness in any proceedings instituted by the Crown shall be deemed to be made in the course of his duty.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Statutory Rules 1920 No. 257 were enacted by the Governor-General in accordance with the War Precautions Act Repeal Act 1920. This legislative instrument aimed to amend the War Precautions (Companies, Firms, and Businesses) Regulations, which had been in force during the First World War to provide for the regulation of business entities in times of national emergency. The War Precautions Act Repeal Act 1920 was introduced to address the need to repeal wartime legislation that was no longer applicable following the conclusion of the war, allowing for the return to normal business operations and the removal of wartime controls. The objective of these regulations, as stated in the War Precautions Act Repeal Act 1920, is to ensure a smooth transition from wartime measures to peacetime governance, particularly concerning the business operations of companies and firms.
Scope and Application
The Regulations under the War Precautions Act Repeal Act 1920, specifically the amendments to the War Precautions (Companies, Firms, and Businesses) Regulations, apply to various entities and their operations within the Commonwealth of Australia. These regulations pertain to companies, firms, and businesses, including those incorporated or registered within or outside the British Empire. The scope of these regulations encompasses definitions such as 'capital', 'foreign company', 'foreign firm', 'registration', and 'private company' or 'proprietary company', thereby outlining the types of entities and the nature of their business operations that fall under this legislation. The geographic reach of these regulations is limited to the Commonwealth of Australia, with specific provisions for entities incorporated or registered in countries outside the British Empire. Additionally, the regulations are subject to modifications through subordinate instruments, allowing for further clarification and adaptation of their application as necessary. The regulations aim to ensure that businesses comply with the requirements set forth by state laws for trading and conducting business within Australia, while also addressing specific instances of information disclosure by persons called as witnesses in Crown proceedings.
Key Provisions
The Regulations, under the War Precautions Act Repeal Act 1920, introduce several key provisions that amend existing regulations. Primarily, the Regulations insert a new definition section (1a) into the War Precautions (Companies, Firms and Businesses) Regulations. This new section clarifies terms such as 'capital', 'foreign company', 'foreign firm', 'registration', and 'private company' or 'proprietary company'. For instance, 'capital' includes stock, shares, debentures, bonds, or other securities, while a 'foreign company' is defined as any company incorporated in a country outside the British Empire. Similarly, a 'foreign firm' is defined as any firm registered in a country outside the British Empire.
The Regulations also impose certain obligations on the entities governed by them. For instance, companies and firms must adhere to the newly defined terms when engaging in business activities. Additionally, the Regulations require the disclosure of information by a person called by the Crown as a witness in any proceedings instituted by the Crown to be deemed as made in the course of their duty. This amendment is significant as it ensures that such disclosures are legally recognised and protected under the regulations.
Furthermore, the Regulations outline potential consequences for non-compliance. Although the specific offences, penalties, or consequences for breach are not explicitly detailed in the provided text, it is understood that breaches of regulations often lead to legal ramifications. In the context of Australian law, such breaches could result in civil or criminal penalties, depending on the severity and nature of the offence. Typically, penalties for regulatory breaches can range from fines to more severe sanctions, including imprisonment, depending on the specific legislation and the circumstances of the breach. The exact penalties would be determined by the courts based on the specific provisions of the War Precautions Act and any relevant case law.