STATUTORY RULES.
1919. No. 195.
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REGULATIONS UNDER THE WAR PRECAUTIONS ACT 1914–1918.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the War Precautions Act 1914–1918 to come into operation forthwith.
Dated this twenty-fourth day of July, 1919.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
E. J. RUSSELL,
Acting Minister of State for Defence.
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Amendment of the War Precautions (Enemy Shareholders) Regulations.
(Statutory Rules 1916, No. 38, as amended by Statutory Rules 1916, Nos. 42, 54, 62, and 325; by Statutory Rules 1917, Nos. 101, 138, 194, and 229; by Statutory Rules 1918, Nos, 74 and 147; and by Statutory Rules 1919, Nos. 8, 46, and 175.)
1. After regulation 11ab of the War Precautions (Enemy Shareholders) Regulations, the following regulation is inserted:—
Vesting of certain moneys in Public Trustees under Trading with the Enemy Act 1914–1916.
“11ac. In the case of moneys held by the Public Trustee under these Regulations on behalf of persons who are enemy subjects within the meaning of the Trading with the Enemy Act 1914–1916, the Attorney-General may by order declare that the moneys are by force of the order vested in the Public Trustee constituted under the Trading with the Enemy Act 1914–1916 as moneys vested in him under that Act, and thereupon the provisions of that Act shall apply to such moneys as if they were vested in him under that Act.”
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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 1919, No. 195, are regulations made under the War Precautions Act 1914–1918 by the Governor-General in Council. Enacted in 1919, these regulations aimed to address the administrative complexities arising from the management of financial assets belonging to enemy subjects during the First World War. The objective was to ensure that such assets were appropriately controlled and regulated to mitigate any potential risks to national security. These regulations were designed to provide clarity and legal authority for the vesting of certain moneys in the Public Trustee, thereby aligning with the provisions of the Trading with the Enemy Act 1914–1916.
Scope and Application
The Regulations under the War Precautions Act 1914–1918 apply specifically to entities and individuals holding moneys on behalf of persons identified as enemy subjects as defined under the Trading with the Enemy Act 1914–1916. This includes any entity or person acting in a fiduciary capacity, such as a trustee or an executor, who is holding funds that belong to enemy subjects. The Regulations extend across the Commonwealth of Australia and are applicable to any moneys held by Public Trustees under the War Precautions (Enemy Shareholders) Regulations. The regulations allow the Attorney-General to issue an order vesting these moneys in the Public Trustee as if they were vested under the Trading with the Enemy Act 1914–1916, thereby subjecting them to the provisions of that Act. This legislation does not explicitly exclude any particular entities or transactions but extends its application through subordinate instruments to manage and control assets held by enemy subjects during the period of the war precautions.
Key Provisions
The primary operative section of these regulations (Regulation 11ac) allows the Attorney-General to declare by order that certain moneys held by the Public Trustee on behalf of enemy subjects are to be vested in the Public Trustee under the Trading with the Enemy Act 1914–1916. This means that once the Attorney-General issues such an order, the Public Trustee will hold these funds in accordance with the provisions of the Trading with the Enemy Act, as if they were originally vested under that Act.
These regulations impose specific obligations on the Attorney-General and the Public Trustee. The Attorney-General has the authority to make a declaration vesting the specified moneys in the Public Trustee, effectively transferring control and management of these funds from their original state under the War Precautions (Enemy Shareholders) Regulations to the framework provided by the Trading with the Enemy Act 1914–1916. The Public Trustee, upon receipt of such an order, must then comply with all the requirements and provisions of the Trading with the Enemy Act regarding the management and use of these vested funds.
Failure to comply with the regulations could result in serious legal consequences. While the specific penalties for non-compliance are not detailed in the statutory rules, breaches of the Trading with the Enemy Act 1914–1916, which now governs these funds, can lead to significant criminal and civil liabilities. Under the Act, penalties for violations can include substantial fines and imprisonment, depending on the severity of the offence. Additionally, any party found in breach of these provisions may face civil actions for damages resulting from non-compliance.
Overall, these regulations are designed to ensure that funds held on behalf of enemy subjects are properly managed and controlled under the appropriate legislative framework, thereby safeguarding national security interests and complying with the broader objectives of the Trading with the Enemy Act 1914–1916.