STATUTORY RULES

1916. No. 35.

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-third day of March, 1916.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

G. F. PEARCE,

Minister of State for Defence.

War Precautions (Land Transfer) Regulations 1916.

Short title

1. These Regulations may be cited as the War Precautions (Land Transfer) Regulations 1916.

2. In these Regulations—

Definitions

“Enemy subject” means a subject of a country with which the United Kingdom is at war, and includes any person firm or company with whom or which trading is prohibited under any proclamation relating to trading with the enemy.

“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.

Transfer of land to enemy subjects forbidden.

3. From and after the date of these Regulations no contract or agreement for the sale of any land to any enemy subject or providing for the acquisition in any contingency by an enemy subject of a freehold title to any land shall be entered into.

Transfer of land to naturalized persons forbidden without Minister’s consent.

4. From and after the date of these Regulations no contract or agreement for the sale of any land to any naturalized person of enemy origin or providing for the acquisition in any contingency by a naturalized subject of enemy origin of a freehold title to land, shall be entered into unless the consent in writing of the Attorney-General has first been obtained.

C.3307.—Price 3d.

Contracts in contravention of regulations void

5. Any contract or agreement entered into in contravention of either of the last two preceding Regulations shall be void and of no effect.

Certain persons deemed naturalized persons of enemy origin.

6. 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 purpose of these Regulations, be deemed to be a naturalized person of enemy origin.

Applications for Minster’s consent.

7.—(1) An application for the consent of the Attorney-General, under the provisions of Regulation 4 of these Regulations 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 naturalized person, and setting out the area, situation, and value of the land, and the full particulars of the proposed contract or agreement, and the grounds upon which the application for the consent of the Attorney-General is based.

(2) The Attorney-General may, after making such further inquiry (if any) as he thinks fit, in his absolute discretion, grant or refuse consent to the application.

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