War Precautions Regulations 1915 (Amendment) (Provisional)

Legislation au C1916L00013 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1916. No. 13.

 

PROVISIONAL REGULATIONS UNDER THE WAR PRECAUTIONS ACT 1914-1915.

I, THE GOVERNOR-GENERAL in and over the Commonwealth, of Australia, 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 twenty-ninth day of January, 1916.

R. M. FERGUSON,

Governor-General.

By His Excellency’s command,

G. F. PEARCE,

Minister of State for Defence.

 

Amendment of the War Precautions Regulations 1915.

(Statutory Rules 1915, No. 130, as amended by Statutory Rules 1916, No. 11.)

After Regulation 49D of the War Precautions Regulations the following Regulations are inserted:—

Definitions.

“49DA. In the next seven succeeding Regulations—

‘Enemy subject’ means a subject of a country with which the United Kingdom is at war;

‘Naturalized person of enemy origin’ means a person who, having been a subject of a country with which the United Kingdom is now at war, is a naturalized British subject by virtue of a certificate of naturalization issued, in any part of the British Dominions, to himself or his father or mother, or (in the case of a married woman) to her husband; and includes the wife of any such naturalized person;

‘Public Trustee’ means a person nominated by the Governor-General as a public trustee.

Enemy subjects to transfer shares to public trustee.

“49DB. Every enemy subject who is a shareholder in a company incorporated in the Commonwealth shall, on or before the fifteenth day of April, 1916, transfer his shares to a public trustee with full authority to hold them until twelve months after the end of the war or to sell them in accordance with Regulation 49DD.

C.1047.—Price 3d.


Naturalized persons of enemy origin to transfer shares to public trustee unless exempted.

“49DC. Every naturalized person of enemy origin who is a shareholder in a company incorporated in the Commonwealth shall, except so far as he is exempted as hereinafter provided, on or before the fifteenth day of April, 1916, transfer his shares to a public trustee with full authority to hold them until twelve months after the end of the war or to sell them in accordance with Regulation 49DD.

Sale of shares transferred to public trustee.

“49DD.—(1) Any enemy subject or naturalized person of enemy origin, who has transferred his shares to a public trustee in accordance with either of the last two preceding Regulations, may apply in writing to the Attorney-General for a direction to the public trustee to sell the whole or any part of the shares which have been transferred to him.

“(2) The Attorney-General may, if he thinks fit, and whether he has received any such application or not, direct the public trustee to sell the whole or any part of any shares which have been transferred to him, and the public trustee shall sell the shares accordingly.

“(3) The proceeds of the sale of any such shares shall, unless the Attorney-General otherwise directs, be paid, by the public trustee to the person by whom the shares were transferred to him.

“(4) From and after the date of these Regulations dividends of any shares which—

(a) have been transferred to a public trustee; or

(b) are held by enemy subjects,

shall be paid to a public trustee, and dividends of any shares held by naturalized persons of enemy origin shall, if the Attorney-General so requires, be paid to a public trustee.

“(5) The Attorney-General may, if he thinks fit, direct that the whole or some portion of any dividends paid to a public trustee in pursuance of sub-Regulation (4) of this Regulation be paid by the public trustee to the person by whom the shares were transferred, for the purpose of providing a reasonable living allowance for that person and his dependants.

Certain persons deemed naturalized persons of enemy origin.

“49DE. Where, in the case of any person whose father was or is an enemy subject or a naturalized person of enemy origin, the Attorney-General declares that there is in his opinion good reason to believe that that person is disloyal, that person shall for the purposes of the last four preceding and the next three succeeding Regulations be deemed to be a naturalized person of enemy origin.

Proceedings for exemption.

“49 DF.—(1) Any application for exemption from the provisions of Regulation 49DC shall be made in writing to the Attorney-General, and shall be accompanied by a statutory declaration giving full particulars of the name, address, date and place of birth, parentage and occupation of the applicant, and setting out the names of the companies incorporated in Australia in which he owns shares, and the number and estimated value of the shares, and the grounds upon which the exemption is based.

“(2) Every such application shall, after such further inquiry (if any) as the Attorney-General thinks fit to require, be dealt with by the Attorney-General in his absolute discretion, according to his opinion of its merits.


Calls on shares transferred to public trustee.

“49DG.—(1) Where any shares have been transferred to a public trustee in pursuance of Regulation 49DB or 49DC, neither the public trustee nor the Commonwealth shall be under any liability—

(a) to pay any calls which fall due upon the shares, or any of them; or

(b) in respect of any failure to pay calls.

“(2) The public trustee may, if he thinks fit, at the request of the person by whom the shares were transferred to him, and shall, if so directed by the Attorney-General, pay any calls on any shares out of—

(a) funds supplied to him for that purpose by the person by whom the shares were transferred to him, or his legal personal representative; or

(b) any proceeds in his hands of the sale of any of the shares transferred to him by that person.

Transfer of shares in contravention of regulations.

“49DH.—(1) From and after the date of these Regulations, any enemy subject, and any naturalized person of enemy origin to whom the Attorney-General has refused to grant an exemption from the provisions of Regulation 49DC, who sells or otherwise disposes of any shares to any person other than a public trustee, and any person who buys shares from any enemy subject or any such naturalized person of enemy origin, shall be guilty of an offence, and any sale or transfer of shares in contravention of this Regulation shall be void and of no effect.

“(2) Upon application made to him in writing, the Attorney-General may, if he thinks fit, inform the applicant whether any person named by him is believed by the Attorney-General to be an enemy subject, or a naturalized person of enemy origin to whom the Attorney-General has refused to grant an exemption from the provisions of Regulation 49DC.”

 

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.

Overview

The Provisional Regulations under the War Precautions Act 1914-1915 were enacted in 1916 to address the urgent need to manage and control assets held by individuals deemed hostile during World War I. These regulations were made under the authority of the Governor-General in Council, providing a framework to mitigate potential risks posed by enemy subjects and naturalized persons of enemy origin. The key policy objective was to ensure that shares held by these individuals in companies incorporated in Australia were transferred to a public trustee, thereby safeguarding national interests and assets from possible exploitation by entities aligned with enemy powers. This legislative instrument aimed to centralise control over these shares, allowing for their management and potential sale in the interest of national security and economic stability during the war.

Scope and Application

The Provisional Regulations under the War Precautions Act 1914-1915 apply to enemy subjects and naturalized persons of enemy origin who hold shares in companies incorporated within the Commonwealth of Australia. These individuals are mandated to transfer their shares to a public trustee appointed by the Governor-General. The regulations specifically address the transfer of shares to a public trustee, the sale of these shares, and the handling of dividends. Furthermore, the regulations provide a mechanism for exemption from these requirements, subject to the Attorney-General's discretion. The geographic scope of these regulations is nationwide, as they pertain to the Commonwealth of Australia and its incorporated companies. The regulations also outline the conditions under which the transfer of shares can be voided and the liabilities associated with such transfers. The regulations come into immediate effect and are considered provisional, underscoring their urgency in response to wartime exigencies.

Key Provisions

The main operative sections of these Provisional Regulations under the War Precautions Act 1914-1915 require enemy subjects and naturalized persons of enemy origin to transfer their shares in companies incorporated in Australia to a public trustee (Regulation 49DB and 49DC). This transfer must occur by the fifteenth day of April, 1916. The public trustee is then responsible for holding the shares until twelve months after the end of the war or selling them in accordance with Regulation 49DD. The proceeds from any sale of shares are to be paid to the person who transferred the shares to the public trustee, unless the Attorney-General directs otherwise (Regulation 49DD(3)). Dividends from these shares are to be paid to the public trustee, and may be paid to the transferor if the Attorney-General directs (Regulation 49DD(4) and (5)). The obligations imposed on the parties governed by these Regulations include the requirement for enemy subjects and naturalized persons of enemy origin to transfer their shares to a public trustee by the specified deadline (Regulation 49DB and 49DC). These persons must also apply in writing to the Attorney-General for exemption if they wish to avoid the transfer (Regulation 49DF). The public trustee is required to manage the shares according to the directions of the Attorney-General, including the potential sale of shares or payment of dividends (Regulation 49DD). The public trustee and the Commonwealth are relieved from any liability for calls on shares transferred to the public trustee (Regulation 49DG). The Regulations impose criminal penalties for the contravention of the provisions regarding the transfer of shares. Specifically, any enemy subject or naturalized person of enemy origin who sells or otherwise disposes of shares in contravention of Regulation 49DH, and any person who buys shares from such a person, commits an offence (Regulation 49DH(1)). The sale or transfer of shares in contravention of these Regulations is void and of no effect (Regulation 49DH(2)). The maximum penalties for such offences are not specified within the Regulations themselves but would be determined under the applicable law of the time.

Legal classification tags

Area of Law
National Security Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Enforcement Powers
Licensing & Registration

Interactions

Authorises

All Versions

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.