Federal Register of Legislation - Australian Government

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SR 1916 No. 250 Regulations as made
These Regulations amend the War Precautions (Supplementary) Regulations 1916 (Provisional).
Gazetted 11 Oct 1916
Date of repeal 02 Dec 1920
Repealed by Repeal of the enabling legislation by War Precautions Act Repeal Act 1920

STATUTORY RULES

1916. No. 250.

REGULATION UNDER THE WAR REGULATIONS ACT
1914-1916.

I, SIR ARTHUR STANLEY, Governor of the State of Victoria and, its Dependencies, in the Commonwealth of Australia; acting as the deputy of the Governor-General in accordance with the provisions of the Constitution, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the War Precautions Act 1914-16 to come into operation forthwith.

Dated this 11th day of October, 1916.

A. L. STANLEY,

Deputy of the Governor-General.

By His Excellency's Command,

W. M. HUGHES,

For Minister of State for Defence.

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WAR PRECAUTIONS (SUPPLEMENTARY) REGULATIONS 1916.

(Statutory Rules 1916, No. 97, as amended by Statutory Rules 1916, Nos. 112, 122, 128, 129, 167, 218, and 219.)

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The War Precautions (Supplementary) Regulations are amended by inserting, at the end thereof, the following Regulation:—

Limitation of rights of mortgagees.

“15. (1) No mortgagee(b) shall at any time within seven days from the commencement of this Regulation—

(a) call up or demand payment from any mortgagor;

(b) exercise any power of sale;

(c) commence any action or proceeding for breach of any covenant, agreement or condition expressed or implied in any mortgage other than a covenant, agreement, or condition for the payment of interest; or

(d) commence any action or proceeding for any rate of interest higher than the rate provided in the mortgage, or where there is provided in the mortgage a reduced rate in the case of punctual payment, for a rate of interest higher than the reduced rate.

“(2) In this Regulation—

“Mortgage” means any deed, memorandum of mortgage, instrument, or agreement whereby security for payment of moneys or for the performance of any contract is granted over land or chattels or any interest therein respectively, and includes an equitable mortgage by deposit of title deeds;

“Mortgagor” means the person liable under the provisions of a mortgage, and includes any person who has guaranteed the performance by the mortgagor of any covenant, condition, or agreement expressed or implied in the mortgage, whether such guarantee is expressed in the mortgage or in any other instrument;

“Mortgagee” means the person entitled to the benefit of the security of any mortgage.”

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