STATUTORY RULES
1921. No. 39.
REGULATIONS UNDER THE WAR PRECAUTIONS ACT REPEAL ACT 1920.
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 Repeal Act 1920, to come into operation forthwith.
Dated this sixteenth day of February, 1921.
FORSTER,
Governor-General.
By His, Excellency’s Command,
E. J. RUSSELL,
For the Treasurer.
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Alien Shareholders Regulations.
Short title.
1. These Regulations may be cited as the Alien Shareholders Regulations 1921.
Definitions.
2. In these Regulations, unless the contrary intention appears—
“Alien” means any person who is not a British subject, and includes the wife of an alien.
“British subject” means a person who is a natural-born British subject, or a person to whom a certificate of naturalization has been granted, or a person who has become a subject of His Majesty by reason of any annexation of territory.
“Company” means any company incorporated in the Commonwealth.
“The Act” means the War Precautions Act Repeal Act 1920.
Contracts giving interests to certain companies in mining or metallurgical businesses require consent of Treasurer.
3. From and after the date of these Regulations no application, contract or agreement for the purchase or acquisition, in any contingency, of any mine or interest in a mine or of any mining or metallurgical business shall be made, entered into, or renewed by, or on behalf of, any company in which more than one-third of the shares are held by, or on behalf of, aliens, unless the consent in writing of the Treasurer has first been obtained.
Discretion of Treasurer in dealing with applications by certain companies.
4. (1) The Treasurer may, in his absolute discretion, grant to any company in which more than one-third of the shares are held by, or on behalf of, aliens, consent in writing to acquire any mine or interest in a mine or to carry on any mining or metallurgical business.
(2) The Treasurer may attach to any consent such conditions as he thinks fit.
(3) Any person who fails to comply with any of the conditions attached to the consent of the Treasurer shall be guilty of an offence against these Regulations.
Contracts giving aliens shares in companies requires Treasurer’s consent.
5. From and after the date of these Regulations, no application, contract, or agreement for the purchase or acquisition, in any contingency, of any share in any company, shall be made, entered into, or renewed by, or on behalf of, any alien unless the consent in writing of the Treasurer has first been obtained.
Discretion of Treasurer in dealing with applications by aliens.
6. (1) The Treasurer may, in his absolute discretion, grant to any alien, consent in writing to acquire any share in any company.
(2) The Treasurer may attach to any consent such conditions as he thinks fit.
(3) Any person who fails to comply with any of the conditions attached to the consent of the Treasurer, shall be guilty of an offence against these Regulations.
Company to refuse transfer of share to aliens until Treasurer’s consent obtained.
7. The secretary or other proper officer of a company shall refuse to register the transfer or allotment to an alien of a share in any company unless the consent in writing of the Treasurer has first been obtained, and any person who registers a transfer or allotment in contravention of this regulation shall be guilty of an offence against these Regulations.
Applicants for shares to companies to make declarations.
8. (1) Every person applying to he registered as the proprietor of any share in any company shall, if so required by the secretary or other proper officer of the company, make a declaration in a form approved in writing by the Treasurer, or in one of the undermentioned forms, and any person who makes in any such declaration any statement which is untrue in any particular shall be guilty of an offence against these Regulations.
I, , of , in the State of , do solemnly and sincerely declare:—
1. That I am acquiring the shares in consecutive numbers to on my own behalf.
2. That I am not an alien.
(Signature)
Declared at this day of 192
Before me
(Note.—This declaration must be made before a Police, Stipendiary, or Special Magistrate, a Justice of the Peace, a Commissioner for Affidavits, a Commissioner for Declarations, or the secretary or other proper officer of the company, and may be indorsed on or incorporated with the instrument of transfer.
I, , of , in the State of , do solemnly and sincerely declare:—
1. That I am acquiring the shares in consecutive numbers to on behalf of , who is not an alien, and who is at the present time residing in
(Signature)
Declared at this day of 192
Before me
(Note.—This declaration must be made before a Police, Stipendiary, or Special Magistrate, a Justice of the Peace, a Commissioner for Affidavits, a Commissioner for Declarations, or the secretary or other proper officer of the company and may be indorsed on or incorporated with the instrument of transfer.
(2) Where the secretary or other proper officer of the company has, in pursuance of the last preceding sub-regulation, required a person to make a declaration in one of the forms set out in that sub-regulation or in a form approved by the Treasurer, the secretary, or other proper officer of the company may refuse to register the person as the proprietor of the share in question until the declaration is lodged.
Contracts made in contravention of regulations void.
9. (1) Any contract or agreement entered into or made or renewed, or application granted in contravention of any of these Regulations shall be void and of no effect:
Provided that where the Treasurer in writing declares that he is satisfied that the contravention was due to inadvertence and gives his consent to the contract, agreement, or application, this regulation shall not apply.
Consent of Treasurer— How obtained.
10. A request for the consent of the Treasurer under section 8 of the Act or of any of the provisions of these Regulations shall be made in writing to the Treasurer, and shall be accompanied by a statutory declaration giving such particulars as the Treasurer requires.
Consent of Treasurer may be revoked.
11. Any consent granted by the Treasurer under section 8 of the Act or under any of these Regulations may be revoked by the Treasurer as from a date specified by him, and shall from that date cease to have effect; and any letter, certificate, or other document containing a notification of the granting of such consent shall on demand in writing be delivered up to the Treasurer.
Penalty for making untrue statement.
12. Any person who makes to the Treasurer, or to any officer having duties connected with applications under these Regulations, any statement whether verbal or in writing which is untrue in any particular, shall be guilty of an offence against these Regulations.
Penalty for contravention of regulations.
13. Any person who contravenes or fails to comply with any provision of these Regulations shall be guilty of an offence against these Regulations.
Penalty: One hundred pounds, or imprisonment for six months, or both.
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Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.