War Precautions (Enemy Shareholders) Regulations 1916 (Amendment)

Legislation au C1919L00008 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1919. No. 8.

 

REGULATIONS UNDER THE WAR PRECAUTIONS ACT 1914–1916.

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 1914–1916, to come into operation forthwith.

Dated this eighth day of January, 1919.

R. M. FERGUSON,

Governor General.

By His Excellency’s Command,

G. F. PEARCE,

Minister of State for Defence.

 

Amendment of War Precautions (Enemy Shareholders) Regulations 1916.

(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; and by Statutory Rules 1918, Nos. 74 and 147.)

1. Regulation 5a of the War Precautions (Enemy Shareholders) Regulations is amended by inserting therein after the word “wife” the words “or widow.”

2. Regulation 11 of the War Precautions (Enemy Shareholders) Regulations is amended—

(a) by omitting sub-regulation (3) thereof;

(b) by inserting in sub-regulation (3a) thereof after the words “direct that” the words “the whole or any portion of”;

(c) by inserting in sub-regulation (3a) thereof after the words “be paid” the words “by the Public Trustee—

(a) to the person by or from whom the shares were transferred,”;

and

(d) by omitting the letters “(a), (b), (c), (d)” preceding the respective paragraphs thereof and inserting in their stead the letters “(b), (c), (d), (e).”

3. Regulation 11aa of the War Precautions (Enemy Shareholders) Regulations is amended by omitting sub-regulation (2) thereof.

C.19810.—Price 3d.


4. After regulation 11aa of the War Precautions (Enemy Shareholder) Regulations the following regulation is inserted:—

Payment of interest on moneys invested.

“11aaa. From the interest paid or payable to the Public Trustee upon moneys derived by him from the sale of shares transferred to him in pursuance of these Regulations, and invested by him, the Public Trustee shall be entitled to retain towards the cost of investment of the moneys derived as aforesaid a fee equivalent to five per centum of the amount of interest so paid or payable, and the remainder shall, unless the Attorney-General otherwise directs, be paid to or for the benefit of the person by or from whom the shares were transferred to him.”

5. Regulation 12 of the War Precautions (Enemy Shareholders) Regulations is amended by omitting sub-regulation (4) thereof and inserting the following sub-regulation in its stead:—

“(4) The Attorney-General may, if he thinks fit, direct that the whole or any portion of any dividends paid to the Public Trustee under any of the preceding sub-regulations of this regulation—

(a) be paid by the Public Trustee to the person by or from whom the shares were transferred for the purpose of providing a reasonable living allowance for that person and his dependants;

(b) be paid to the proper officer of the Commonwealth or a State in satisfaction of any tax due by the person by or from whom the shares were transferred;

(c) be paid to any person in satisfaction of a judgment obtained by him against the person by or from whom the shares were transferred;

(d) be paid to the Public Trustee or other officer of a State in whom is vested the estate of the person by or from whom the shares were transferred;

(e) be paid to the official assignee in bankruptcy of the estate of the person by or from whom the shares were transferred; or

(f) be applied by the Public Trustee in the purchase of other shares in the company in which the shares, upon which the dividends accrued, are held.”

 

Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Acting Government Printer for the State of Victoria.

Overview

The Statutory Rules 1919, No. 8, made under the War Precautions Act 1914–1916, address the need to manage financial transactions involving enemy shareholders during and post-war. Enacted by the Governor-General in Council, these regulations amend the War Precautions (Enemy Shareholders) Regulations 1916, which were initially established to control and manage the assets of enemy shareholders to prevent the flow of funds to enemies during World War I. The policy objective of these amendments is to streamline the process of handling the financial interests of enemy shareholders, ensuring that payments such as dividends and interest are appropriately managed and distributed under the oversight of the Public Trustee. This legislative action reflects the ongoing efforts to safeguard national interests and economic stability during times of conflict.

Scope and Application

The Statutory Rules 1919 No. 8, made under the War Precautions Act 1914–1916, amends the War Precautions (Enemy Shareholders) Regulations 1916, which pertain to the management of shares held by enemy shareholders during wartime. These regulations apply to persons or entities that hold shares in companies where the shareholders are nationals of enemy countries. The amended regulations expand the definition of individuals who can benefit from the sale of shares, now including widows, and provide new provisions for the handling of dividends and interest on investments made by the Public Trustee. The regulations also allow the Attorney-General to direct the distribution of dividends for various purposes, including providing a living allowance, tax payments, or to satisfy judgments. The changes are applicable across the Commonwealth of Australia, reflecting the federal nature of the legislation. The regulations do not specify exclusions but rely on subordinate instruments to detail their application and scope.

Key Provisions

The key provisions of the Regulations under the War Precautions Act 1914–1916, as outlined in Statutory Rules 1919, No. 8, include amendments to the War Precautions (Enemy Shareholders) Regulations 1916. Regulation 5a (1) now includes widows alongside wives in the category of persons protected from certain actions regarding enemy shareholders. Regulation 11 (2) has been modified to allow for more flexible disposition of shares by the Public Trustee, who can now direct the payment of dividends to various recipients including the original transferor, Commonwealth or State tax authorities, judgment creditors, state officers, and bankruptcy trustees (Regulation 11 (3a)). Regulation 11aa (2) has been omitted, simplifying the regulatory framework. A new regulation, 11aaa, establishes that the Public Trustee can retain a fee of up to 5% of interest on invested funds for investment costs, with the remainder to be distributed as directed by the Attorney-General (Regulation 11aaa). Lastly, Regulation 12 (4) provides further flexibility in the use of dividends, allowing them to be directed for various purposes including living allowances, tax satisfaction, judgment payments, estate transfers, bankruptcy assignments, or reinvestment in company shares (Regulation 12 (4)). The Act imposes specific obligations on the Public Trustee, requiring them to manage and distribute shares and dividends according to the new regulations. The Public Trustee must now consider widows in their protective measures and has broader discretion in directing the disposition of shares and dividends. They must also account for investment costs when distributing interest on invested funds. The Attorney-General retains significant oversight and direction capabilities over the use of dividends and interest payments, ensuring they are applied in accordance with the regulations. Violations of these regulations may have serious consequences. Although the specific penalties are not detailed in the provided text, breaches of statutory regulations under the War Precautions Act could potentially lead to civil or criminal penalties, depending on the nature and severity of the breach. The maximum penalties, if specified in the primary Act or related legislation, could include fines and imprisonment, reflecting the seriousness with which the government treats compliance with these wartime measures.

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Payment of interest on moneys invested
Directions for payment of dividends

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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.