STATUTORY RULES.

1918. No. 44.

 

REGULATIONS UNDER THE WAR PRECAUTIONS ACT 1914–1916.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations, under the War Precautions Act 1914–1916, to come into operation forthwith.

Dated this thirteenth day of February, 1918.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

G. F. PEARCE,

Minister of State for Defence.

 

Amendment of the War Precautions (Land Transfer) Regulations.

(Statutory Rules 1916, No. 35, as amended by Statutory Rules 1916, Nos. 169, 189, 323, and 326.)

1. After Regulation 3a of the War Precautious (Land Transfer) Regulations the following regulation is inserted:—

Mortgage or encumbrance of land to enemy subjects forbidden.

“3b. From and after the date of this regulation, no mortgage or encumbrance of any land or of a leasehold estate or interest in land under a lease of which a period of more than five years is unexpired shall be given to or taken by an enemy subject.”

2. After Regulation 4a of the War Precautions (Land Transfer) Regulations the following regulation is inserted:—

Mortgage or encumbrance of land to naturalized person of enemy origin forbidden without Minister’s consent.

4aa. From and after the date of this regulation, no mortgage or encumbrance of any land or of a leasehold estate or interest in land under a lease of which a period of more than five years is unexpired shall be given to or taken by a naturalized person of enemy origin unless the consent in writing of the Attorney-General has been first obtained.”

3. Regulation 4c of the War Precautions (Land Transfer) Regulations is amended by adding at the end thereof the following sub-regulation:—

“(2) In any district declared by the Attorney-General to be a district to which this regulation applies, no mortgage or encumbrance of any land or of a leasehold estate or interest in land under a lease of which a period of more than five years is unexpired shall be given to or taken by a person whose father or whose father’s father is or was an enemy subject, unless the consent in writing of the Attorney-General has first been obtained.”.

C.2164.—Price 3d.


4. After Regulation 4d of the War Precautions (Land Transfer) Regulations the following regulation is inserted:—

Mortgages to secure balance of purchase money, &c.

“4dd. From and after the date of this regulation, nothing in these Regulations shall be deemed to prevent—

(a) the giving to or taking by an, enemy subject or a naturalized person of enemy origin of a mortgage to secure the balance of purchase money of land or of any estate or interest in land sold by the enemy subject or naturalized person of enemy origin; or

(b) the reconveyance of land or of any estate or interest in land to an enemy subject or naturalized person of enemy origin upon the discharge of a mortgage thereon.”.

5. Regulation 7 of the War Precautions (Land Transfer) Regulations is amended—

(a) by inserting in sub-regulation (1) thereof after the number “4a” the number “4aa”; and

(b) by omitting from sub-regulation (1) thereof the words “or agreement” and inserting in their stead the words “agreement, mortgage or encumbrance.”

 

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