STATUTORY RULES.
1919. No. 185.
REGULATION 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 sixteenth day of July, 1919.
A. L. STANLEY,
Deputy of the Governor-General.
By His Excellency’s Command,
E. J. RUSSELL,
For Minister of State for Defence.
Amendment of the War Precautions (Supplementary) Regulations as Amended to this Date.
After regulation 55 of the War Precautions (Supplementary) Regulations, the following regulation is added:—
Property of Internees may be vested in Public Trustee.
“56.—(1) Any person or company who or which holds or manages for or on behalf of a person—
(a) who is interned or has been deported under the provisions of any Order or Regulation made under the War Precautions Act 1914-1918; and
(b) who is an enemy subject,
any property, real or personal, shall, within one month after the commencement of this regulation, or, if the property comes into his possession or under his control after the commencement of this regulation, then within one month after the time when it comes into his possession or under his control, by notice in writing communicate the fact to the Public Trustee appointed in pursuance of the Trading with the Enemy Act 1914-1916, and shall furnish the Public Trustee with such particulars in relation thereto as the Public Trustee requires.
“(2) In the case of—
(a) any balances or deposits standing to the credit of the interned person or deportee, as the case may be, at a bank; and
(b) any debt which is due to the interned person, or deportee, as the case may be;
the bank or debtor, as the case may be, shall, for the purposes of the last preceding sub-regulation, be deemed to be a company or person holding or managing property for or on behalf of the interned person or deportee, as the case may be.
“(3) The Minister of State for Trade and Customs may by order vest in the Public Trustee any property of an interned person or deportee, and upon the making of the order, the property shall be dealt with in the same manner as property of enemy subjects vested in the Public Trustee under the Trading with the Enemy Act 1914-1916, and the provisions of that Act shall apply mutatis mutandis to the property as if it were property vested in the Public Trustee under that Act.
“(4) Any person who contravenes or fails to comply with the provisions of this regulation shall be guilty of an offence.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The War Precautions (Supplementary) Regulations, 1919, introduced under the War Precautions Act 1914-1918, were enacted to address the need to manage and control property held by enemy subjects during and immediately following World War I. This legislation was introduced to ensure that property belonging to individuals who were interned or deported under the War Precautions Act was properly accounted for and managed. The regulation was made by Sir Arthur Lyulph Stanley, the Deputy of the Governor-General, acting on the advice of the Federal Executive Council, and was intended to complement the existing framework established under the Trading with the Enemy Act 1914-1916. The overarching policy objective was to prevent any potential exploitation or misuse of assets by enemy subjects, thereby securing the economic interests of the Commonwealth.
Scope and Application
The War Precautions (Supplementary) Regulations 1919, made under the War Precautions Act 1914-1918, pertain to any person or company managing property on behalf of an interned or deported individual who is an enemy subject. This encompasses both real and personal property, including bank balances, deposits, and debts owed to the interned or deported individual. The regulation requires that such properties be reported to the Public Trustee within one month of the regulation's commencement or when the property comes into possession or control, whichever is later. The Minister of State for Trade and Customs has the authority to order the vesting of such property in the Public Trustee, who will then manage it under the Trading with the Enemy Act 1914-1916, with applicable provisions extending to these assets. Non-compliance with these regulations is an offence.
Key Provisions
The regulation, introduced under the War Precautions Act 1914-1918, adds a new section (56) to the War Precautions (Supplementary) Regulations. This section stipulates that any person or company holding or managing property—real or personal—for an interned or deported enemy subject must report this within a month of the regulation's commencement or within a month of acquiring such property (section 56(1)). This requirement also applies to bank balances or debts owed to the interned or deported person, where the bank or debtor is deemed to be holding or managing property on their behalf (section 56(2)). The Minister of State for Trade and Customs has the authority to vest such property in the Public Trustee, who will then manage it in the same way as other enemy subject property under the Trading with the Enemy Act 1914-1916 (section 56(3)).
Entities governed by this regulation must comply with the notification requirements within the specified timeframes. This involves providing written notice to the Public Trustee and supplying any requested details about the property they hold or manage for an interned or deported enemy subject. Failure to adhere to these obligations could result in significant legal repercussions. The regulation imposes a strict duty on those in possession of or acquiring property related to interned or deported enemy subjects to report this to the Public Trustee without delay.
Breaches of this regulation are treated seriously and are considered offences under the Act. Section 56(4) explicitly states that any person who contravenes or fails to comply with the regulation's provisions shall be guilty of an offence. While the specific penalties for such breaches are not detailed in the provided text, the implication is that penalties could include fines or other sanctions as prescribed by relevant laws. The regulation aims to ensure transparency and control over the assets of enemy subjects during the wartime context, thus preventing any misuse or unauthorised handling of such properties.