STATUTORY RULES.
1919. No. 172.
REGULATIONS UNDER THE WAR PRECAUTIONS ACT 1914–1918.
I, SIR ARTHUR LYULPH STANLEY, Deputy of 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 second day of July, 1919.
A. L. STANLEY,
Deputy of the Governor-General.
By His Excellency’s Command,
E. J. RUSSELL,
Acting Minister of State for Defence.
Amendment of the War Precautions (Moratorium) Regulations.
(Statutory Rules 1916, No. 284, as amended by Statutory Rules 1916, No. 324; 1917, Nos. 13, 76, and 253; 1918, Nos. 28 and 191; and 1919, Nos. 36 and 140.)
Regulation 13 of the War Precautions (Moratorium) Regulations is amended by omitting sub-regulation (6) and inserting in its stead the following sub-regulation:—
“(6) In the case of a mortgage or agreement for the sale and purchase of land to which these Regulations apply and which provides for payment by instalments, the date, of payment of any instalment, which would, apart from these Regulations have been due and payable on or before the date of the termination of the war as declared by Proclamation, shall be determined in the same manner as if that instalment were the principal sum secured by a mortgage to which these Regulations apply; but nothing in these Regulations shall affect the date of payment of any instalment due and payable after the date of the termination of the war as declared by Proclamation.”
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. 172, titled Regulations under the War Precautions Act 1914–1918, were enacted to amend the existing War Precautions (Moratorium) Regulations in the context of post-war adjustments to financial obligations related to land transactions. This legislative instrument was introduced to address the need for clarity and modification in the payment terms of mortgage and land sale agreements disrupted by the war. The regulations were made by Sir Arthur Lyulph Stanley, the Deputy of the Governor-General, acting with the advice of the Federal Executive Council, and came into immediate effect. The policy objective underlying these regulations is to provide a structured approach to settling financial obligations that were paused or delayed during the war, ensuring that the terms are adjusted fairly while considering the cessation of hostilities and the need to re-establish normal economic practices.
Scope and Application
The Regulation under the War Precautions Act 1914–1918, specifically amending the War Precautions (Moratorium) Regulations, applies to mortgages and agreements for the sale and purchase of land, particularly those that provide for payment by instalments and were affected by the wartime moratorium. This legislation is applicable to any such transactions occurring within the Commonwealth of Australia and seeks to provide clarity and adjustments to the terms of such agreements in the aftermath of the war. The amendment specifies that the date for payment of any instalment that would have fallen due during the war is to be determined in the same manner as if it were the principal sum of a mortgage. However, it is explicitly stated that the regulations do not affect any instalments due after the war's end as declared by proclamation. The regulation effectively extends its reach through the amendment of pre-existing statutory rules, providing a structured approach to managing financial obligations that were paused during the war.
Key Provisions
The primary operative section of this legislation (Regulation 13) amends the War Precautions (Moratorium) Regulations by removing sub-regulation (6) and replacing it with new provisions regarding the payment of instalments for mortgages or agreements for the sale and purchase of land that were subject to the moratorium. The amendment specifies that the due date for any instalment that would have been payable during the war period, as declared by Proclamation, will be determined as if that instalment were the principal sum secured by the mortgage. However, it is clear that any instalments due after the war’s termination remain unaffected by these regulations.
Under these regulations, parties involved in mortgages or land sale agreements that include instalment payments must adhere to the new stipulated due dates for instalments that would have fallen during the war period. This means that if a payment was due during the war, the new regulation treats it as if it were the principal amount due, aligning it with the rules governing the payment of principal sums. However, payments due after the war’s end remain unchanged and are not subject to these modifications.
The regulations impose a clear obligation on the involved parties to adjust their payment schedules according to the new provisions outlined in the amended sub-regulation. This adjustment is crucial for ensuring that the financial obligations under these agreements are properly managed in the post-war period, maintaining the integrity of the contractual agreements while accommodating the disruptions caused by the war.
Failure to comply with these regulations could lead to legal repercussions, although the specific civil or criminal consequences are not explicitly detailed in the text provided. The omission of specific penalties implies that the non-compliance might be subject to the general enforcement mechanisms available under the War Precautions Act 1914–1918 or other relevant legislation. It is essential for parties to carefully follow the amended provisions to avoid any potential legal issues.