War Precautions (Enemy Shareholders) Regulations 1916 (Amendment) (Provisional)

Legislation au C1916L00054 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1916. No. 54.

 

PROVISIONAL REGULATIONS UNDER THE WAR PRECAUTIONS ACT 1914-1915.

I, SIR ARTHUR STANLEY, Governor of the State of Victoria and its Dependencies in the Commonwealth of Australia, acting as the Deputy of the Governor-General in accordance with the provisions of the Constitution, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulations under the War Precautions Act 1914-1915 should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.

Dated this fourteenth day of April, 1916.

A. L. STANLEY,

Deputy for the Governor-General.

By His Excellency’s Command,

G. F. PEARCE,

Minister of State for Defence.

 

Amendment of the War Precautions (Enemy Shareholders) Regulations (Statutory Rules 1916, No. 38, as amended by Statutory Rules 1916, No. 42).

1. Regulation 2 of the War Precautions (Enemy Shareholders) Regulations is amended by adding at the end thereof the following sub-regulations:—

“(3) Notwithstanding anything contained in this Regulation, the Attorney-General may if he thinks fit declare that as regards any enemy subject or naturalized person of enemy origin—

(a) who is or was—

(i) a subject of the Sultan of Turkey, and an Armenian and a Christian, or

(ii) the wife of any such subject, and

(b) to whom in the opinion of the Attorney-General it is not desirable that the provisions of these Regulations should apply,

these Regulations shall not apply, and thereupon such person shall for the purposes of these Regulations not be deemed to be an enemy subject or a naturalized person of enemy origin, as the case may be.

C. 4982.—Price 3d.


“(4) The Attorney-General may if he thinks fit exempt from the provisions of some or all of these Regulations any company class of companies to which in his opinion it is not desirable that these Regulations should apply, and the shareholders of any such company or class.”

2. After Regulation 2 of the War Precautions (Enemy Shareholders) Regulations the following Regulation is inserted:—

Enemy subjects whose parents were naturalized in a State deemed naturalized persons.

“2A.—(1) For the purposes of these Regulations any shareholder who is a subject of a country with which the United Kingdom is at war but whose father was, prior to the commencement of the Naturalization Act 1903, naturalized in a State of the Commonwealth, or in a Colony which has become a State, shall be deemed to be a naturalized person of enemy origin.

“(2) The provisions of these Regulations relating to—

(a) applications by naturalized persons of enemy origin for exemption;

(b) the payment of dividends to naturalized persons of enemy origin; and

(c) the transfer of shares to the public trustee,

shall apply to such shareholders as if the thirtieth day of April 1916 were substituted for the fifteenth day of April 1916.”

3. Regulation 7 of the War Precautions (Enemy Shareholders) Regulations is amended—

(a) by inserting after the words “before that date” the words “or under any settlement made before that date,”; and

(b) by inserting after the words “will of the deceased,” the words “or of the estate,”.

4. Sub-regulation (1) of Regulation 8 of the War Precautions. (Enemy Shareholders) Regulations is amended—

(a) by omitting the word “transfer” (wherever occurring), and inserting in its stead the words “sale or disposal”; and

(b) by inserting after the word “incorporated” the words “upon application made before the thirtieth day of June 1916,”.

5. Sub-regulation (4) of Regulation 11 of the War Precautions (Enemy Shareholders) Regulations is amended by inserting after the word “sell” the words “the whole or part of”.

6. Sub-regulation (2) of Regulation 14 of the War Precautions (Enemy Shareholders) Regulations is amended—

(a) by omitting the word “buys” and inserting in its stead the words “without the consent in writing of the Attorney-General buys or acquires”;

(b) by inserting after the word “sells” the words “or otherwise disposes of”; and

(c) by inserting after the words “enemy subject or” the words “who without the consent in writing of the Attorney-General sells or otherwise disposes of shares.”


7. Regulation 15 of the War Precautions (Enemy Shareholders) Regulations is amended—

(а) by omitting from sub-regulation (1) thereof all words from and including the words “a list verified by statutory declaration”, and inserting in their stead the words “a statement showing whether any enemy subject or any naturalized person of enemy origin held shares in any Australian register of the Company on the twenty-ninth day of January 1916, and if so the name and full address of each such enemy subject, and each such naturalized person of enemy origin, together with the number of shares held by him; and on or before the thirty-first day of May 1916 every Company in connexion with which a register of shares is kept at any place outside Australia shall forward to the Attorney-General a statement showing whether any enemy subject or any naturalized person of enemy origin held shares in any such register of the Company on the twenty-ninth day of January 1916, and if so the name and full address of each enemy subject and each such naturalized person of enemy origin, together with the number of shares held by him.”;

(b) by inserting after sub-regulation (1) the following sub-regulation:—

“(1A) The statements shall be verified by statutory declaration of the managing director, manager, secretary or other proper officer of the Company.”

(c) by inserting in sub-regulation (2) after the word “naturalization” and within the bracket the words “, and, in the case of a beneficiary of an estate of which the shareholder is a trustee, the nationality of the beneficiary.”; and

(d) by adding at the end thereof the following sub-regulation:—

“(3) A co-operative company and a company of a class approved by the Attorney-General in pursuance of Regulation 17 of these Regulations, which satisfies the Attorney-General that not more than twenty per centum of the shares of the company, in number and value, are held by enemy subjects and naturalized persons of enemy origin, shall not be required to include in any statement prepared for the purpose of sub-regulation (1) of this Regulation the name of any shareholder the face value of whose shares does not exceed Fifty pounds.”.

 

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 1916, No. 54, titled "Provisional Regulations Under the War Precautions Act 1914-1915," was enacted to address urgent matters arising during the First World War, specifically to provide provisional regulations under the War Precautions Act 1914-1915. This legislation was introduced by the Governor of the State of Victoria, Sir Arthur Stanley, on behalf of the Governor-General, acting with the advice of the Federal Executive Council. The primary policy objective of these provisional regulations was to manage and control economic activities and assets linked to enemy nationals during wartime, ensuring national security and preventing the exploitation of economic resources by hostile entities. These regulations amended the War Precautions (Enemy Shareholders) Regulations to provide greater flexibility and specificity in the application of the law to enemy shareholders. The amendments allowed the Attorney-General to exempt certain individuals and companies from the provisions of the Regulations, provided it was deemed undesirable for those provisions to apply. The regulations also clarified definitions and procedures for reporting and managing shares held by enemy subjects and naturalized persons of enemy origin, ensuring that the Attorney-General had the necessary information to enforce the provisions effectively and efficiently.

Scope and Application

The Provisional Regulations under the War Precautions Act 1914-1915 apply to persons and entities engaged in activities that may affect national security during wartime, particularly focusing on shareholders of enemy origin. The Regulations govern the conduct and transactions of individuals who are enemy subjects or naturalized persons of enemy origin, and their involvement in companies and share ownership within Australia. These Regulations have a national reach as they apply across the Commonwealth of Australia, and they are applicable to both individuals and entities, including companies and cooperative societies. The Regulations provide the Attorney-General with the authority to exempt certain individuals or companies from their application if it is deemed not desirable, and also specify the conditions under which enemy subjects whose parents were naturalized in a State are considered naturalized persons of enemy origin. Furthermore, the Regulations extend their application through subordinate instruments, which may provide additional details or amendments to the initial provisions.

Key Provisions

The main operative sections of the Provisional Regulations under the War Precautions Act 1914-1915 primarily amend the War Precautions (Enemy Shareholders) Regulations, adding and modifying specific provisions. Regulation 2 is amended to include sub-regulations (3) and (4), allowing the Attorney-General to exempt certain enemy subjects or naturalized persons of enemy origin from the provisions of these Regulations if it is deemed not desirable. Regulation 2A is inserted to deem shareholders whose fathers were naturalized before the commencement of the Naturalization Act 1903 as naturalized persons of enemy origin. Regulation 7 is amended to clarify the application of certain provisions to settlements made before specific dates. Regulation 8 is altered to change the term "transfer" to "sale or disposal" and to set a deadline for applications related to companies incorporated before June 30, 1916. Regulation 11 is amended to allow the sale of whole or part of shares. Regulation 14 is modified to require written consent from the Attorney-General for the sale or acquisition of shares by enemy subjects or naturalized persons of enemy origin. Finally, Regulation 15 is amended to require companies to submit statements about enemy shareholders by May 31, 1916, and to verify these statements through statutory declarations. The obligations imposed by these Regulations primarily concern companies and shareholders. Companies must submit detailed statements to the Attorney-General, verifying the nationality and share holdings of their shareholders as of January 29, 1916. These statements must include specific information about enemy subjects and naturalized persons of enemy origin, verified by statutory declaration. Additionally, companies must ensure compliance with provisions regarding the sale or disposal of shares, requiring written consent from the Attorney-General for such transactions involving enemy subjects or naturalized persons of enemy origin. Shareholders who are enemy subjects or naturalized persons of enemy origin may be exempt from certain provisions if the Attorney-General decides it is not desirable for them to apply. The Attorney-General also has the authority to exempt specific companies or classes of companies from the Regulations. Breaches of these Regulations may result in both civil and criminal consequences. While the document does not specify maximum penalties, violations of statutory declarations or failure to comply with the Attorney-General's requirements could lead to legal action. Civil penalties may include fines or other monetary sanctions, while criminal penalties could involve imprisonment. Companies and shareholders found in breach of these Regulations may face legal proceedings, with the severity of penalties depending on the nature and extent of the violation.

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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.