Commonwealth legislation

Treaty of Peace Regulations

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Act Number

25 of 1920

Collection

legislative instrument

Plain English Summary

8/10 complexity

These 1920 regulations implemented Australia’s Treaty of Versailles obligations by channeling German‑Australian debts through a government Clearing Office, vesting German‑owned property as security for war claims, and enabling its sale to satisfy those claims.

They also set up a custodian for expropriated German assets in Papua and New Guinea and prioritized sales to Australian soldiers with special payment terms (including copra‑linked repayments), reshaping post‑war economic and colonial property ownership.

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Current sections

Direct links to the current provisions in Treaty of Peace Regulations.

36A

Revested property rights subject to conditions

36A Revested property rights subject to conditions

36AC Transfer of expropriated land required for public purposes

37 Transfer etc by German national prohibited

38 Power of Custodian to deal with money paid to him

39 Audit of accounts

40 Prosecution of offences

41 Punishment of offences

42 Duties of Special Magistrate or Commissioner

43 Powers of Special Magistrate or Commissioner

44 Custodian may sell property

45 Intention to sell to be notified

46 Persons eligible to purchase property

46A Limitation of amount of purchase by any one purchaser

47 Sale by tender

48 Particulars included in tender

48A Evidence of qualification of tenderer

49 Property to be purchased with all faults

50 Terms of sale

50A Terms of sale of leaseholds etc

50B Tenderer to purchase plantation stores etc

50C Power of Custodian to grant or reserve right-of-way

50D Right to possession and power of sale

50E Expenses to be borne by purchaser

51 Description of property to be taken as correct

51A Reduction of purchase money in case of error as to area etc

51AA Reduction of purchase money where number of trees wrongly stated

51B Reduction of purchase money in respect of encumbrances or exclusion of land from transfer

51C Manner of reduction of purchase money

52 Title

53 Title to be the best title vested in Custodian

54 Covenant for maintenance and repair

55 Insurance of buildings etc

56 Power to enter on purchased land

56A Meaning of duly authorized agent of Custodian in regulations 54 and 56

57 Rights of Custodian where conditions of sale not observed

58 Action on instalments being overdue

58A Sale of plantation etc which reverts to Custodian

58AA Payments of instalments and interest in respect of sale of reverted property

59 Rights of Custodian where articles of association not observed

60 Power of Custodian to summon witnesses etc

61 Tenders to be made in good faith

61A Cancellation of contracts of sale not made in good faith

62 Commission to be charged by Custodian

The First Schedule Copy of Section III to VII of Part X of the Treaty of Peace between the Allied and Associated Powers and Germany

The Second Schedule Notice of debt due by a German national

The Third Schedule Table for calculation of amount of quarterly instalments and interest

Notes

Part I General

Citation \[see Note 1\]

1 Citation [see Note 1]

These Regulations may be cited as the Treaty of Peace Regulations.

Parts

1A Parts

These Regulations are divided into Parts as follows:

Part I — General; and

Part II — Papua and New Guinea.

Interpretation

2 Interpretation

In this Part of these Regulations, unless the contrary intention appears:

enemy debt has the same meaning as in paragraph 2 of the annex to Section III of Part X of the Treaty, and includes any sum which under the Treaty is to be treated or dealt with in like manner as an enemy debt.

national, in relation to any country, includes the subjects or citizens of that country and any company or corporation incorporated therein according to the law of that country.

the Controller means the Controller of the Clearing Office appointed under these Regulations.

the Minister means the Treasurer.

the original owner means the owner of the property immediately prior to the date of the order by which the property was vested in the Public Trustee.

the Public Trustee means the Public Trustee appointed under the Trading with the Enemy Act 1914-1916.

the Treaty means the Treaty of Peace with Germany (including a protocol annexed thereto) signed at Versailles on the twenty-eighth day of June, One thousand nine hundred and nineteen, by representatives of the Commonwealth of Australia on behalf of His Majesty the King.

Non-application of regulations 20, 20A, 21 and 22 to Papua and New Guinea

2A Non-application of regulations 20, 20A, 21 and 22 to Papua and New Guinea

On the date of the commencement of this regulation, regulations 20, 20A, 21, and 22 of this Part of these Regulations shall cease to apply to the Territories of Papua and New Guinea:

Provided that this regulation shall not affect the validity of anything done under this Part of these Regulations prior to the commencement of this regulation.

Operations of Sections III to VII of Part X of the Treaty

3 Operations of Sections III to VII of Part X of the Treaty

Sections III to VII of Part X of the Treaty, which are set out in the First Schedule to these Regulations, shall have full force and effect on and as from the commencement of these Regulations.

Establishment of Clearing Office

4 Establishment of Clearing Office

For the purpose of giving effect to the provisions of the Treaty in relation to the collection and payment of enemy debts there shall be a Clearing Office which shall be controlled and managed by the Controller who shall be appointed by the Governor-General.

Delegation by Minister

4A Delegation by Minister

(1) The Minister may, in relation to any particular matters or class of matters, or to any particular State or part of the Commonwealth or Territory under the authority of the Commonwealth, by writing under his hand, delegate to the Public Trustee, or the Controller, all or any of his powers and functions under these Regulations (except this power of delegation), so that the delegated powers and functions may be exercised by the Public Trustee or the Controller, as the case may be, with respect to the matters or class of matters, or the State or part of the Commonwealth or Territory specified in the instrument of delegation.

(2) Every delegation under this regulation shall be revocable at will, and no delegation shall prevent the exercise of any power by the Minister.

Delegation by Controller

5 Delegation by Controller

(1) The Controller or Public Trustee may, in relation to any particular matters or class of matters, or to any particular State or part of the Commonwealth or Territory under the authority of the Commonwealth, by writing under his hand delegate all or any of his powers and functions under these Regulations (except this power of delegation) so that the delegated powers and functions may be exercised by the delegate with respect to the matters or class of matters, or the State or part of the Commonwealth or Territory specified in the instrument of delegation.

(2) Every delegation under this section shall be revocable at will, and no delegation shall prevent the exercise of any power by the Controller or Public Trustee as the case may be.

Appointment of officers

6 Appointment of officers

The Governor-General may appoint such other officers of the Clearing Office as he deems necessary.

Enemy debts to be paid through Clearing Office only

7 Enemy debts to be paid through Clearing Office only

Subject to these Regulations:

(a) any person who pays or accepts payment of any enemy debt otherwise than through the Clearing Office; and

(b) any person who, being interested as debtor or creditor in any such debt, has, except through or by leave of the Clearing Office (proof whereof shall lie upon him), any communication with any other person who is interested therein as creditor or debtor;

shall be guilty of an offence against these Regulations.

Proceedings not to be taken in courts

8 Proceedings not to be taken in courts

Any person who, except as provided by paragraphs 16, 23, and 25 of the Annex to Section III of Part X of the Treaty, takes proceedings in any Court for the recovery of any enemy debt, shall be guilty of an offence against these Regulations.

Power of Clearing Office to enforce payment of debts

9 Power of Clearing Office to enforce payment of debts

(1) The Clearing Office shall have power to enforce the payment of any enemy debt against the person by whom the debt is due, together with such interest as is payable under paragraph 22 of the Annex to Section III of Part X of the Treaty, and for that purpose shall have all the rights and powers which would, but for these Regulations, be exercisable by the creditor.

(2) If the debt has been admitted by the debtor, or the debt or amount thereof has been found by arbitration or by the Mixed Arbitral Tribunal or by a Court of law in pursuance of paragraph 16 of the Annex to Section III of Part X of the Treaty, to be due, the Clearing Office may certify the amount so admitted or found due, and on production of that certificate to the proper officer of the Supreme Court of the State or the Superior Court of the Territory in which the debtor resides, the certificate shall be registered by that officer and shall, from the date of registration, be of the same force and effect, and all proceedings may be taken thereon as if the certificate were a judgment obtained in that Court for the recovery of a debt of the amount specified in the certificate and entered upon the date of registration, and all reasonable costs and charges attendant upon the registration of the certificate shall be recoverable in like manner as if they were part of the judgment.

Recovery of fines for wrongful claim of, or refusal to admit, a debt

10 Recovery of fines for wrongful claim of, or refusal to admit, a debt

The Clearing Office may recover from any person by whom a fine is payable under paragraph 10 of the Annex to Section III of Part X of the Treaty the amount of that fine.

Power of Controller to take proceedings

11 Power of Controller to take proceedings

(1) The Controller may take proceedings for and on behalf of the Clearing Office and may sue and be sued in his official name.

(2) In any proceedings taken by or against the Controller in pursuance of these Regulations, costs may be awarded to or against the Controller.

Commission

12 Commission

The Clearing Office may deduct from any amount payable by the Clearing Office to a creditor such commission, not exceeding 21/2 per centum of the amount payable, as is fixed by the Clearing Office.

Notice of debts due

13 Notice of debts due

The notice to be given by a creditor in pursuance of paragraph 5 of the Annex to Article 296 of the Treaty shall be supported by a statutory declaration and shall be in accordance with the Form in the Second Schedule to these Regulations.

Failure by creditors to give notice of debts due

14 Failure by creditors to give notice of debts due

If any creditor refuses or fails to give such notice or to furnish such documents or information as are mentioned in paragraph 5 of the Annex to Section III of Part X of the Treaty, he shall be guilty of an offence against these Regulations.

False notice or admission of debt

15 False notice or admission of debt

Any person who collusively gives notice of or admits any debt which is not due, or furnishes any false information with respect to any debt, shall be guilty of an offence against these Regulations.

15A

Inspection of documents

15A Inspection of documents

(1) Where it appears to a proper authority that an offence has been, or is likely to be, committed by any person, firm, or company against these Regulations, or that it is desirable for the purpose of these Regulations to inspect the books, documents and goods of any person, firm, or company, the proper authority or an authorized person may:

(a) require any person, firm, or company in the control or possession of whom or which any books, documents or goods belonging to the person, firm, or company are, or are suspected by the proper authority to be, to produce the books, documents or goods for his inspection;

(b) require any person, firm, or company whom or which the proper authority believes to be able to give information or produce books or documents respecting the business or trade of the person, firm, or company to give that information or produce those books or documents;

(c) if accompanied by an officer of the Commonwealth Public Service search any house, premises, or place, used or believed by the proper authority to be used in connexion with the business or trade of the person, firm, or company or in which the proper authority believes there are any books, documents or goods belonging to or respecting the business or trade of, the person, firm or company; and

(d) if thought fit, impound any books, documents or goods belonging to, or respecting the business or trade of, the person, firm, or company.

(2) Any person who obstructs or interferes with any authorized person in the exercise of any power conferred upon him in pursuance of this regulation, and any person, firm, or company who or which refuses or fails to produce any books, documents or goods or to give any information when required to do so in pursuance of this regulation shall be guilty of an offence.

Penalty: Five hundred pounds or imprisonment for one year, or both.

(3) Where a person, firm, or company has given any information to an authorized person, the information so given may be used in evidence against him or it in any proceedings relating to offences against these Regulations, notwithstanding that he or it only gave the information on being required to do so by the authorized person in pursuance of his powers under this regulation.

(4) For the purposes of this regulation:

authorized person means a person authorized in writing by a proper authority, and includes a proper authority.

proper authority means the Controller, the Public Trustee, the Custodian of Expropriated Property appointed under regulation 32 of these Regulations or any delegate to whom the Controller, the Public Trustee or the Custodian of Expropriated Property has delegated his powers and functions under these Regulations.

15B

Incriminating answer or production of documents

15B Incriminating answer or production of documents

No person shall in any proceeding for an offence against these Regulations be excused from answering any question or producing any book or document on the ground that the answer or production may criminate or tend to criminate him, but his answer shall not be admissable in evidence against him in any criminal proceeding other than a prosecution for perjury or proceedings under these Regulations.

Application of Regulations to nationals of Allied or Associated Powers

16 Application of Regulations to nationals of Allied or Associated Powers

If the Governor-General by notice published in the Gazette declares that an agreement to that effect applicable to the Commonwealth has been made with any of the other Allied or Associated Powers, the provisions of these Regulations, so far as they relate to enemy debts, shall apply to debts due to or from the nationals of that Power resident in the Commonwealth or a Territory under the authority of the Commonwealth in like manner as they apply to debts due to or from British nationals so resident.

Admission as evidence of documents issued by the Clearing Office

17 Admission as evidence of documents issued by the Clearing Office

(1) Any document purporting to be an order or other instrument issued by the Clearing Office and to be signed by the Controller or by any person thereto authorized by him shall be admitted in evidence, and shall, in the absence of proof to the contrary, be deemed to be that order or instrument.

(2) A certificate signed by the Controller that an order or other instrument purporting to be made or issued by the Clearing Office is so made or issued shall be conclusive evidence of the facts so certified.

Decisions of Mixed Arbitral Tribunal

18 Decisions of Mixed Arbitral Tribunal

All decisions of the Mixed Arbitral Tribunal constituted under Section VI of Part X of the Treaty, if within the jurisdiction of that Tribunal, shall be final and conclusive and binding on all Courts.

Power to summon witnesses and require production of documents

19 Power to summon witnesses and require production of documents

For the purpose of proceeding before the Mixed Arbitral Tribunal, the Minister shall have the same powers as regards summoning witnesses, and requiring the production of documents before the Tribunal as if he were a Royal Commission appointed under the Royal Commissions Act 1902-1912 and the proceedings were an inquiry before the Royal Commission, and any person who, when so summoned as a witness or required to produce documents, refuses or fails so to do, or to be sworn or to answer questions, shall be guilty of an offence.

Property of German nationals — how charged

20 Property of German nationals — how charged

(1) All property, rights and interests within the Commonwealth or any Territory under the authority of the Commonwealth belonging to German nationals at the date when the Treaty comes into force (not being property rights or interests acquired under any general licence issued by or on behalf of the Commonwealth or any authority thereof), and the net proceeds of their sale, liquidation or other dealings therewith, are hereby charged:

(a) firstly, with payment of the amounts due in respect of claims by British nationals with regard to their property, rights and interests, including companies and associations in which they are interested, in German territory, and debts owing to them by German nationals, and with payment of any compensation awarded by the Mixed Arbitral Tribunal, or by an Arbitrator appointed by that Tribunal in pursuance of paragraph (e) of Article 297 of the Treaty, and with payment of claims growing out of acts committed by the German Government or by German authorities since the thirty-first day of July, and before the fourth day of August, One thousand nine hundred and fourteen:

Provided that payments in respect of the claims of British nationals for the proceeds of the liquidation of their property, rights and interests mentioned in section IV of Part X of the Treaty and in the annex thereto, and for the enemy debts owing to them referred to in Article 296 of the Treaty shall rank in priority to any of the other payments mentioned in this paragraph; and

(b) secondly, with payment of the amounts due in respect of claims by British nationals with regard to their property, rights and interests in the territories of Austria-Hungary, Bulgaria, and Turkey, in so far as those claims are not otherwise satisfied:

Provided that any particular property, rights or interests so charged may at any time be released by the Public Trustee, acting under the general direction of the Minister, from the charge so created.

(1AA) Nothing in the last preceding subregulation shall be deemed to authorize the net proceeds of the sale, liquidation or other dealing with the property, rights and interests, within the Commonwealth or any Territory under the authority of the Commonwealth, belonging to German nationals at the date when the Treaty comes into force, being charged with any amount due in respect of claims by British nationals representing law costs incurred by or due to them in relation to legal proceedings instituted by German nationals during the war.

(1A) Where the Public Trustee, whether before or after the commencement of this subregulation, releases any property rights or interests from the charges specified in the last preceding subregulation, the release shall, where the property, rights or interests have been vested in the Public Trustee, have the effect of revesting the property rights or interests in the original owner, or, where the original owner is dead or bankrupt, in his personal representative or the official assignee of his property, as the case may be.

(1B) The publication in the Gazette of any release to which the preceding subregulation applies shall be conclusive evidence of the revesting under that subregulation of the property rights or interests referred to in the release.

(1C) Where any property rights or interests are, in pursuance of this regulation, revested in any person, that person shall not be entitled as against the Commonwealth or any authority thereof, to compensation or damages in respect of any action taken by the Commonwealth or any such authority in respect of the property rights or interests prior to their being revested in pursuance of this regulation.

(1D) The Controller may make the payments mentioned in subregulation (1) of this regulation out of funds made available to him by the Public Trustee, which funds the Public Trustee is hereby authorized to make available out of the proceeds of the realization of property, rights and interests charged by that subregulation:

Provided that where the claim of a British national arises out of an agreement made subsequently to the coming into force of the Treaty, the Controller may, if he thinks fit, decline to pay the amount of the claim out of the funds made available to him under this regulation.

(1E) Payments authorized by the last preceding subregulation to be made to:

(a) British nationals who were on the tenth day of January, 1920, resident in the Commonwealth or in a Territory under the authority of the Commonwealth;

(b) British nationals born in Australia who were on the tenth day of January, 1920, resident outside the Commonwealth or any Territory under the authority of the Commonwealth; and

(c) Persons who were on the tenth day of January, 1920, British nationals by virtue of their having been naturalized in the Commonwealth, and who were on that date resident outside the Commonwealth or any Territory under the authority of the Commonwealth;

shall be made in priority to payments so authorized to be made to other British nationals.

(1F) Notwithstanding anything contained in this regulation the Public Trustee may, in such cases as he thinks fit, satisfy out of the property, rights and interests of any German national charged under these Regulations claims made against such property, rights and interests for payments which are charges under paragraph (a) or (b) or subregulation (1) of this regulation.

(1G) The Controller or the Public Trustee, as the case requires, may deduct from any amount payable by him under this regulation a commission not exceeding two and one-half per centum of the amount payable.

(2) Any person who, without the consent of the Public Trustee, transfers, parts with, or otherwise deals in any property, right or interest so charged, shall be guilty of an offence against these Regulations.

(3) Every person owning or having the control or management of any property right or interest so charged (including, where the property right or interest consists of shares, stocks, or other securities issued by a company, municipal authority or other body or any right or interest therein), that company authority or body shall, unless particulars thereof have already been furnished to the Public Trustee in accordance with the Trading with the Enemy Act 1914-1916, within one month after the date of the commencement of these Regulations, by notice in writing communicate the fact to the Public Trustee, and shall within one month after being required in writing so to do furnish the Public Trustee with such particulars in relation thereto as the Public Trustee requires, and if any person fails to do so he shall be guilty of an offence against these Regulations.

(4) If any person called upon to pay any money or to transfer or otherwise to deal with any property rights or interests has reason to suspect that the same are subject to a charge under this regulation, he shall, before paying, transferring, or dealing with the property rights or interests, report the matter to the Public Trustee, and comply with any directions that the Public Trustee gives with respect thereto, and if any person fails to comply with the provisions of this subregulation he shall be guilty of an offence against these Regulations.

(5) The Minister may by order vest in the Public Trustee any property, rights and interests so charged, or the right to transfer the same, and for that purpose section 91 of the Trading with the Enemy Act 1914-1916 shall apply as if the property, rights and interests were property belonging to an enemy or enemy subject.

(6) Where the property charged consists of inscribed or registered stock, shares, or other securities, any company, municipal authority, or other body by whom the securities were issued or are managed shall, on the application of the Public Trustee, enter the Public Trustee in the books in which the securities are inscribed or registered as the proprietor of the securities so charged, and the Public Trustee shall, subject to the approval of the Minister, have power to sell or otherwise deal with the securities as proprietor of which he is so registered or inscribed.

(7) Where the property, right or interest vested in the Public Trustee by the Minister consists of land or any estate or interest in land, and a copy of the vesting order, certified under the hand of the Public Trustee, is lodged with the Registrar-General or Registrar of Titles or other proper officer of the State or part of the Commonwealth in which the land is situated, he shall whether the duplicate grant or certificate of title in respect of the property is produced or not, register it in the register and in the manner as nearly as may be in which dealings with land or any estate or interest therein are registered, and shall deal with and give effect to the registration as if it were a grant or conveyance or memorandum or instrument of transfer of the land or estate or interest therein to the Public Trustee duly executed under the laws in force in that State or part of the Commonwealth.

20A

Maintenance of certain dependants

20A Maintenance of certain dependants

Notwithstanding anything contained in these Regulations there may, if the Governor-General so directs, be paid out of the net proceeds of any property retained by the Commonwealth under Article 297 of the Treaty, such sums as the Public Trustee deems sufficient for the maintenance in the Commonwealth of the wife and children of the person to whom the property belonged immediately prior to the coming into force of the Treaty:

Provided that no sums shall be paid in pursuance of this regulation:

(a) after the expiration of three years from the commencement thereof; or

(b) in cases where the wife was not, prior to her marriage, a natural-born British subject.

20B

Revocation of vesting orders by Minister

20B Revocation of vesting orders by Minister

(1) The Minister may by order revoke, either wholly or in part, any order made in pursuance of subregulation (5) of regulation 20 of these Regulations.

(2) An order made under this regulation shall, as respects property of any description in any State or part of the Commonwealth, be sufficient to revest in the original owner or owners any property or the right to transfer any property as provided by the order, without the necessity of any further re-conveyance, assurance, or document.

20C

Commission to be charged by Public Trustee

20C Commission to be charged by Public Trustee

(1) The Public Trustee shall charge, in respect of his duties in connexion with real or personal property vested in him or paid to him or coming under his control in pursuance of these Regulations, a percentage on the value of the property in accordance with the following scale:

5 per cent. on the first £100 or portion thereof;

21/2 per cent. on the next £900 or portion thereof;

11/2 per cent. on the next £4,000 or portion thereof;

1 per cent. on the next £5,000 or portion thereof;

1/2 per cent. on the next £20,000 or portion thereof;

1/4 per cent. on the value in excess of £30,000.

(2) The incidence of the charge as between capital and income shall be determined by the Public Trustee.

(3) Fractional parts less than the moiety of the pound sterling shall be disregarded in the calculation of the amount payable for percentage under subregulation (1) of this regulation.

20D

Registration of Public Trustee as registered proprietor of land

20D Registration of Public Trustee as registered proprietor of land

Where:

(a) the property right or interest vested in the Public Trustee by the Minister consists of the estate or interest in land of a national of the former German Empire as heir-at-law or devisee of a deceased registered proprietor of such land under the law in force in the State or part of the Commonwealth in which the land is situated; and

(b) had such estate or interest not been vested in the Public Trustee and had the heir-at-law or devisee not been a national of the former German Empire, the heir-at-law or devisee would have been entitled under the said law to apply to be registered as proprietor of such estate or interest; and

(c) a copy of the vesting order certified under the hand of the Public Trustee is lodged with the Registrar-General or Registrar of Titles or other proper officer of such State or part of the Commonwealth;

the Registrar-General, Registrar of Titles or other proper officer shall, whether the duplicate grant or Certificate of Title in respect of the land is produced or not, register such vesting order in the Register Book and in the manner as nearly as may be in which dealings with land or an estate or interest therein are registered and deal with and give effect to such vesting order as if the Public Trustee were the heir-at-law or devisee of the deceased registered proprietor and the vesting order were an application duly made under the said law by the Public Trustee as such heir-at-law or devisee to be registered as proprietor of such estate or interest.

Transfer etc by German national prohibited

21 Transfer etc by German national prohibited

(1) No person who is a German national shall, without the consent in writing of the Controller or Public Trustee, sell, transfer, mortgage, or otherwise dispose of any property, or enter into any contract or agreement for the sale, transfer, mortgage, or disposal of any property in which he has any estate or interest; and any person who commits a contravention of this subregulation shall be guilty of an offence.

(2) Any sale, transfer, mortgage, disposal, contract or agreement, made, granted, or entered into, in contravention of this regulation, shall be void and of no effect.

(3) Any sale, transfer, mortgage or disposal of property by a German national, and any contract or agreement for the sale, transfer, mortgage or disposal of property by a German national, made, granted, or entered into since the tenth day of January, One thousand nine hundred and twenty, and before the date of making this regulation, shall be absolutely void and of no effect.

(4) The Controller or Public Trustee may, by notice in writing, exempt from the provisions of this regulation any transaction or class of transactions entered into by a German national.

(5) In this regulation German national means a person who is a subject of Germany.

21A

Evidence of nationality of person dying on or after date of commencement of Treaty

21A Evidence of nationality of person dying on or after date of commencement of Treaty

For the purpose of determining whether the estate or any part of the estate of a person who has died on or after the date on which the Treaty came into force is subject to a charge under regulation 20 of these Regulations, the Registrar of probates and administrations of the Supreme Court of a State or other officer authorized under the law of a State to issue probates or administrations may require any person applying for probate of the will of, or administration of the estate of, the deceased person to furnish the Registrar or other officer, as the case may be, with evidence, to the satisfaction of the Registrar or other officer, as to the nationality of the deceased person at the date on which the Treaty came into force.

Power of Public Trustee to deal with money paid to him

22 Power of Public Trustee to deal with money paid to him

(1) The Public Trustee or the Controller may place on deposit with any bank, or invest in any securities approved by the Treasurer, any moneys paid to him under these Regulations, or received by him from property vested in him under these Regulations.

(2) The Public Trustee or the Controller, as the case may be, shall deal in such manner as the Minister directs with any interest or dividends received on account of such deposits or investments.

Recommencement of period of prescription

23 Recommencement of period of prescription

The time at which the period of prescription or limitation of right of action referred to in Article 300 of the Treaty shall begin again to run shall be at the expiration of six months after the coming into force of the Treaty, and the period to be allowed within which presentation of negotiable instruments for acceptance or payment and notice of non-acceptance or non-payment or protest may be made under Article 301 of the Treaty shall be ten months after the coming into force of the Treaty.

Confirmation of Rules affecting closing of contracts

24 Confirmation of Rules affecting closing of contracts

Rules made during the war by any recognized Exchange or Commercial Association providing for the closure of contracts entered into before the war by an enemy and any action taken thereunder are confirmed subject to the provisos contained in paragraph 4 (a) of the Annex to Section V of Part X of the Treaty.

Power to defer payment

25 Power to defer payment

(1) The Minister may defer, for such time not exceeding two years as he thinks fit, the payment of any amount owing by a debtor.

(2) When the payment of an amount owing by a debtor has been deferred by the Minister the debtor shall pay interest at the rate of 5 per centum per annum on the amount of which payment is deferred and the interest shall be calculated from such date as is specified by the Controller.

Application of Patents, Trade Marks and Designs Act to German nationals

26 Application of Patents, Trade Marks and Designs Act to German nationals

So far as may be necessary for the purpose of Article 307 of the Treaty, the Patents, Trade Marks and Designs Act 1914-1915 (except subsection (3) of section 3 thereof) and any regulations made thereunder, shall, in relation to German nationals, continue in force after the Treaty comes into force as if reference therein to subjects of a State at war with the King included references to German nationals.

Duly qualified Tribunal under Article 310 of Treaty

27 Duly qualified Tribunal under Article 310 of Treaty

The duly qualified tribunal for the purposes of Article 310 of the Treaty shall be the Attorney-General of the Commonwealth.

Audit of accounts

28 Audit of accounts

(1) The accounts of the Controller and Public Trustee shall be subject to audit by the Auditor-General.

(2) The Auditor-General, or any person thereto authorized in writing by the Auditor-General, may, in any case where he deems it necessary so to do, in connexion with the audit of the accounts of the Controller and Public Trustee, call upon any person firm or company to produce for inspection any books or documents held by that person firm or company which relate to any property, rights or interests in which the Public Trustee is interested and to furnish any explanations required by the Auditor-General or person so authorized, in connection with any such property, rights or interests.

(3) Any such person, firm or company, who or which, on being required, in pursuance of this regulation, to produce any such books or documents, or to furnish any such explanations, refuses or fails to do so, shall be guilty of an offence against these Regulations.

Prosecution of offences

29 Prosecution of offences

Offences against these Regulations may be prosecuted summarily or upon indictment.

Punishment of offences

30 Punishment of offences

The punishment for an offence against these Regulations shall be as follows:

(a) If the offence is prosecuted summarily — a fine not exceeding Five hundred pounds or imprisonment for any term not exceeding twelve months, or both; and

(b) If the offence is prosecuted upon indictment — a fine of any amount or imprisonment for not more than seven years, or both.

Part II Papua and New Guinea

Interpretation

31 Interpretation

In this Part of these Regulations, unless the contrary intention appears:

Australian soldier means a person who is a member of the Forces as defined in section 23, section 100 or section 105 of the Australian Soldiers’ Repatriation Act 1920-1949, and includes a person, being a British subject, who served with the Naval or Military Forces of any Australian Colony or any State of the Commonwealth of Australia in the South African War which commenced on the eleventh day of October One thousand eight hundred and ninety-nine and terminated on the thirty-first day of May One thousand nine hundred and two, and includes a company approved by the Custodian in which all the shares issued by the company are held by Australian soldiers and of which the Articles of Association contain a provision prohibiting the sale or transfer of shares in the company to persons who are not Australian soldiers and prohibiting the transfer of shares to Australian soldiers without the consent of the Custodian.

enemy debt has the same meaning as in Part I of these Regulations.

land includes any estate or interest in land.

nationals has the same meaning as in Part I of these Regulations.

plantation means property which is specified in the catalogue (if any) issued by the Custodian for the inspection of intending purchasers or in the notification published in pursuance of regulation 45 of these Regulations to be a plantation.

the Custodian means the Custodian of Expropriated Property appointed in pursuance of this Part of these Regulations.

the Minister means the Minister for the time being administering this Part of these Regulations.

the Treaty has the same meaning as in Part I of these Regulations.

trading station means a property which has been specified as a trading station in the catalogue (if any) issued by the Custodian for the inspection of intending purchasers or in the notification published in pursuance of regulation 45 of these Regulations to be a trading station.

Appointment of Custodian of Expropriated Property in Papua and New Guinea

32 Appointment of Custodian of Expropriated Property in Papua and New Guinea

The Governor-General may appoint a person to be the Custodian of Expropriated Property in relation to property rights and interests (not being property rights and interests acquired under any general licence issued by or on behalf of the Commonwealth or any authority thereof) within the Territories of Papua and New Guinea belonging at the date of the coming into force of the Treaty to German nationals.

32A

Incorporation of Custodian

32A Incorporation of Custodian

(1) The Custodian of Expropriated Property shall be a corporation sole with perpetual succession and a seal of office with power to acquire, hold and dispose of real and personal property and capable of suing and being sued.

(2) The application of this regulation shall extend to any vesting of property in the Custodian prior to the commencement of this regulation to the intent that that property shall be deemed to have been vested in the Custodian in his corporate capacity.

Delegation by Custodian

33 Delegation by Custodian

(1) The Custodian may, in relation to any particular matters or class of matters, or to any particular Territory by writing under his hand delegate all or any of his powers and functions under this Part of these Regulations (except this power of delegation) so that the delegated powers and functions may be exercised by the delegate with respect to the matters or class of matters, or the Territory specified in the instrument of delegation.

(2) Every delegation under this regulation shall be revocable at will, and no delegation shall prevent the exercise of any power by the Custodian as the case may be.

Vesting of property

34 Vesting of property

All property rights and interests in the Territories of Papua and New Guinea which prior to the commencement of this regulation were vested in the Public Trustee under these Regulations shall upon the commencement of this regulation become vested in the Custodian.

Pending proceedings

35 Pending proceedings

In any proceedings and negotiations under these Regulations relating to property rights and interests in the Territories of Papua and New Guinea which are pending at the commencement of this regulation and to which the Public Trustee is a party the Custodian shall be substituted for the Public Trustee.

Property in Papua and New Guinea of German nationals — how charged

36 Property in Papua and New Guinea of German nationals — how charged

(1) All property, rights and interests within the Territories of Papua and New Guinea belonging to German nationals at the date when the Treaty came into force (not being property rights or interests acquired under any general licence issued by or on behalf of the Commonwealth or any authority thereof), and the net proceeds of their sale, liquidation or other dealings therewith, are hereby charged:

(a) firstly, with payment of the amounts due in respect of claims by British nationals with regard to their property, rights and interests, including companies and associations in which they are interested, in German territory, or debts owing to them by German nationals, and with payment of any compensation awarded by the Mixed Arbitral Tribunal, or by an Arbitrator appointed by that Tribunal in pursuance of paragraph (e) of Article 297 of the Treaty, and with payment of claims growing out of acts committed by the German Government or by German authorities since the thirty-first day of July, and before the fourth day of August, One thousand nine hundred and fourteen; and

(b) secondly, with payment of the amounts due in respect of claims by British nationals with regard to their property, rights and interests in the Territories of Austria-Hungary, Bulgaria, and Turkey, in so far as those claims are not otherwise satisfied:

Provided that any particular property, rights or interests so charged may at any time if the Governor-General thinks fit, be released from the charge so created.

(1A) Where the Governor-General orders that any property, rights and interests be released from the charges specified in the last preceding subregulation, the order shall, where the property, rights and interests have been vested in the Custodian, have effect of revesting the property, rights and interests in the person to whom they belonged at the date of the coming into force of the Treaty or, where that person is dead or bankrupt, in his personal representative or the official assignee of his property, as the case may be.

(1AA) Where an order is made by the Governor-General, either before or after the commencement of this subregulation, releasing, as an act of grace, any property, rights and interests from the charges specified in subregulation (1) of this regulation, the Governor-General may direct that the property, rights and interests released in pursuance of the order shall be subject to a charge, in favour of the Custodian of the amount of the payments, if any, made by way of sustenance allowance to the person whose property, rights and interests are released and thereupon such property, rights and interests shall, in the hands of any person in whom they revest by virtue of the order, be subject to that charge.

(1B) The publication in the New Guinea Gazette of any order to which the preceding subregulation applies shall be conclusive evidence of the revesting under that subregulation of the property referred to in the order.

(1C) Where property is, in pursuance of this regulation revested in any person that person shall not be entitled, as against the Commonwealth or the Administration of New Guinea or any authority of the Commonwealth or that Administration, to compensation or damages in respect of any action taken by the Commonwealth, the Administration or any such authority in respect of that property prior to its being revested in pursuance of this section.

(1D) Notwithstanding anything contained in these Regulations where part only of any property, rights or interests is revested under this regulation in the person to whom the property, rights or interests belonged at the date of the coming into force of the Treaty, and the remainder thereof continues to be vested in the Custodian, the Custodian may sell the remainder to that person on such terms as the Custodian thinks fit:

Provided that the terms as to payment shall not in any case be more advantageous to the purchaser than those specified in paragraph (2) of regulation 50 of these Regulations, reading that paragraph as if:

(a) in subparagraph (a) there were substituted for the words ‘forwarded with the tender by way of deposit’ the words ‘paid on the execution of the contract of sale by the purchaser’; and

(b) in subparagraph (b) there were substituted for the words ‘that his tender has been accepted’ the words ‘of the execution of the contract of sale by the Custodian’.

(1E) Where, prior to its release under this regulation any property, rights or interests have been liquidated, the release shall apply to the proceeds of the property, rights or interests so liquidated and the Custodian may pay to the person in whose favour the property, rights or interests were released the proceeds of the liquidation, or their equivalent as determined by the Minister, subject to all proper deductions and allowances.

(1F) The Custodian may make payments under the last preceding subregulation out of moneys arising from the sale or liquidation of property under these Regulations.

(2) Any person who, without the consent of the Custodian transfers, parts with, or otherwise deals in any property, right or interest so charged, shall be guilty of an offence against this Part of these Regulations.

(3) Every person owning or having the control or management of any property right or interest so charged (including, where the property right or interest consists of shares, stocks, or other securities issued by a company municipal authority or other body or any right or interest therein), that company authority or body shall, unless particulars thereof have already been furnished to the Public Trustee in accordance with the Trading with the Enemy Act 1914-1916, within one month after the date of the commencement of this Part of these Regulations, by notice in writing communicate the fact to the Custodian, and shall furnish the Custodian with such particulars in relation thereto as the Custodian requires, and if any person fails to do so he shall be guilty of an offence against this Part of these Regulations.

(4) If any person called upon to pay any money or to transfer or otherwise to deal with any property rights or interests has reason to suspect that the same are subject to a charge under this regulation, he shall, before paying, transferring, or dealing with the property rights or interests, report the matter to the Custodian, and comply with any directions that the Custodian gives with respect thereto, and if any person fails to comply with the provisions of this subregulation he shall be guilty of an offence against this Part of these Regulations.

(5) The Minister may by order vest in the Custodian any property rights and interests so charged, or the right to transfer the same, and for that purpose section 91 of the Trading with the Enemy Act 1914-1916 shall apply as if the property rights and interests were property belonging to an enemy or enemy subjects.

(6) Where the property charged consists of inscribed or registered stock, shares, or other securities, any company, municipal authority, or other body by whom the securities were issued or are managed shall, on the application of the Custodian, enter the Custodian in the books in which the securities are inscribed or registered as the proprietor of the securities so charged, and the Custodian shall, subject to the approval of the Minister, have power to sell or otherwise deal with the securities as proprietor of which he is so registered or inscribed.

(7) Where the property, right or interest vested in the Custodian by the Minister consists of land or any estate or interest in land, and a copy of the vesting order, certified under the hand of the Custodian, is lodged with the Registrar-General or Registrar of Titles, or other proper officer of the Territory in which the land is situated, he shall register it in the register and in the manner as nearly as may be in which dealings with land or any estate or interest therein are registered, and shall deal with and give effect to the notification as if it were a grant or conveyance or memorandum or instrument of transfer of the land or estate or interest therein to the Custodian duly executed under the laws in force in that Territory.

36AA Sale of shares in commercial partnership to person in whom other shares have vested

(1) Notwithstanding anything contained in these Regulations, where the property rights or interests revested in any person under the last preceding regulation consist of a share or shares in a commercial partnership (Gesellschaft mit beschränkter Haftung), and the share or shares of the other partner or partners in that commercial partnership continue to be vested in the Custodian, the Custodian may sell to that person, on such terms and conditions as the Custodian thinks fit, the share or shares in that commercial partnership that continue to be vested in the Custodian:

Provided that the terms as to payment shall not in any case be more advantageous to the purchaser than those specified in paragraph (2) of subregulation (1) of regulation 50 of these Regulations, reading that paragraph as if:

(a) in subparagraph (a) there were substituted for the words ‘forwarded with the tender by way of deposit’ the words ‘paid on the execution of the agreement by the purchaser’; and

(b) in subparagraph (b) there were substituted for the words ‘that his tender has been accepted’ the words ‘of the execution of the agreement by the Custodian’.

(2) Until the whole of the purchase money and interest thereon is paid the purchaser shall not, except with the consent in writing of the Custodian and subject to such conditions as the Custodian imposes, be entitled:

(a) to assign or transfer the whole or any of his rights under the agreement made between the purchaser and the Custodian for the sale of a share or shares in a commercial partnership or to charge those rights in any way with the payment of any money;

(b) to sell transfer lease mortgage or otherwise dispose of or encumber any real property comprised in the assets of the commercial partnership or enter into any agreement for the sale transfer lease mortgage or disposal or encumbrance of any such real property.

(3) Any sale transfer lease mortgage disposal encumbrance contract or agreement made granted or entered into in contravention of this regulation shall be void and of no effect.

(4) Any agreement made by the Custodian under this regulation for the sale of a share or shares in a commercial partnership may confer upon the Custodian the power (to be exercised upon the default of the purchaser) of cancelling the agreement, and, in his discretion, forfeiting any moneys previously paid thereunder, and a power so conferred shall be valid and effectual notwithstanding any rule of law or equity to the contrary.

36AB Sale of shares held by Custodian in commercial partnership to shareholder not a German national

(1) Notwithstanding anything contained in these Regulations, where the property rights and interests vested in the Custodian consist of a share or shares in a commercial partnership (Gesellschaft mit beschränkter Haftung), and the other share or shares in that commercial partnership is or are owned by a person who is not a German National, the Custodian may sell to that person, on such terms and conditions as the Custodian thinks fit, the share or shares in the commercial partnership vested in the Custodian.

(2) The provisions of the proviso to subregulation (1) and of subregulations (2), (3) and (4) of the last preceding regulation shall apply mutatis mutandis to any sale by the Custodian in pursuance of this Regulation.

36A Revested property rights subject to conditions

(1) Notwithstanding anything contained in these Regulations, property rights or interests revested in any person in pursuance of regulation 36 of these Regulations shall be held subject to the condition that the person in whom the property is revested:

(a) shall not be guilty of any act of disloyalty to the Administration of the Territory or to the Commonwealth Government; and

(b) shall not transfer or attempt to transfer such property rights or interests or any portion thereof except with the consent, in writing, of the Administrator.

(2) If the Minister is satisfied that any person in whom property rights or interests have been revested:

(a) has been guilty of any act of disloyalty to the Administration of the Territory or to the Commonwealth Government; or

(b) has transferred or attempted to transfer such property rights or interests or any portion thereof without the consent, in writing, of the Administrator;

he may cause a notification to that effect to be published in the New Guinea Gazette, and thereupon such property rights or interests shall become revested in the Custodian.

(3) Any document purporting to transfer property rights or interests in contravention of this regulation shall be void and of no effect.

36AC Transfer of expropriated land required for public purposes

(1) Subject to this regulation the Custodian may transfer to the Administration of the Territory any land vested in the Custodian which is required for any public purpose.

(2) Where the method of determining the amount of compensation to be paid by the Administration for any land so transferred is provided under a law or ordinance of the Territory, the Administration shall pay to the Custodian, and the Custodian may accept, the amount of compensation so determined.

(3) Where the method of determining the amount of compensation to be paid by the Administration for any land so transferred is not provided under any law or ordinance of the Territory, the Administration shall pay to the Custodian, and the Custodian may accept, such amount of compensation as is mutually agreed upon.

(4) In deciding upon the amount of any compensation payable under the last preceding subsection the Administrator and the Custodian shall have regard to the fair market value of the land, and the effect upon the value of adjacent lands of the Custodian of the public purpose for which the land transferred is to be used.

(5) Where the Administrator and Custodian fail to agree as to the amount of any compensation payable under subregulation (3) of this regulation, the matter shall be decided by an umpire appointed by two persons of whom one is nominated by the Administrator and the other by the Custodian.

Transfer etc by German national prohibited

37 Transfer etc by German national prohibited

(1) No person who is a German national shall, without the consent in writing of the Custodian, sell, transfer, mortgage or otherwise dispose of any property or enter into any contract or agreement for the sale, transfer, mortgage or disposal of any property in which he has any estate or interest; and any person who commits a contravention of this subregulation, shall be guilty of an offence.

(2) Any sale, transfer, mortgage, disposal or agreement made, granted or entered into, in contravention of this regulation, shall be void and of no effect.

(4) The Custodian may, by notice in writing, exempt from the provisions of this regulation any transaction or class of transactions entered into by a German national.

(5) In this regulation German national means a person who is a subject of Germany.

Power of Custodian to deal with money paid to him

38 Power of Custodian to deal with money paid to him

(1) The Custodian may place on deposit with any Bank, or invest in any securities approved by the Treasurer of the Commonwealth, any moneys paid to him under this Part of these Regulations, or received by him from property vested in him under this Part of these Regulations.

(2) The Custodian shall deal in such manner as the Minister directs with any interest or dividends received on account of such deposits or investments.

Audit of accounts

39 Audit of accounts

The accounts of the Custodian shall be subject to audit by the Auditor-General.

Prosecution of offences

40 Prosecution of offences

Offences against this Part of these Regulations may be prosecuted summarily or upon indictment.

Punishment of offences

41 Punishment of offences

The punishment for an offence against this Part of these Regulations shall be as follows:

(a) If the offence is prosecuted summarily — a fine not exceeding Five hundred pounds or imprisonment for any term not exceeding twelve months, or both; and

(b) If the offence is prosecuted upon indictment — a fine of any amount or imprisonment for not more than seven years, or both.

Duties of Special Magistrate or Commissioner

42 Duties of Special Magistrate or Commissioner

The Governor-General may appoint a person as Special Magistrate or Commissioner in relation to the Territory of New Guinea to inquire and report as to:

1 (1) The nationality of any person resident or having property rights or interests in the Territory of New Guinea, and the nationality of the wife or husband of any such person.

(2) The nationality of any deceased person who at the date of death was possessed of property rights or interests in the Territory of New Guinea and the nationality of the widow or widower of any such person.

2 (1) Whether firms or companies registered or carrying on business in the Territory of New Guinea at the date of the coming into force of the Treaty of Peace with Germany are within the provisions of Article 297 of that Treaty.

(2) Whether firms or companies registered or carrying on business in the Territory of New Guinea at the date of the coming into force of the Treaty of Peace with Germany are German nationals within the meaning of these Regulations.

3 Any facts or circumstances which may in his opinion be relevant in relation to the claims of any German national or any class of German nationals to consideration under the proviso to regulation 36 of this Part of these Regulations.

4 Whether any German national has acquired any property rights or interests in the Territory of New Guinea under any general licence issued by or on behalf of the Commonwealth, or any authority thereof, or under any express authority, or with the consent of the Commonwealth or any authority thereof.

5 Whether any German national appearing to be the owner of an estate or interest in land in the Territory of New Guinea is in fact the owner or has any and what interest in the said land.

6 The circumstances or disposition of German nationals in the Territory of New Guinea, and in particular whether any such German national:

(1) is destitute or has a reasonable prospect of being able to support himself and his dependants;

(2) is likely to create disaffection or promote feelings of ill‑will and hostility against the Government of the Territory of New Guinea.

7 Matters incidental to any of the above matters.

Powers of Special Magistrate or Commissioner

43 Powers of Special Magistrate or Commissioner

(1) The Special Magistrate or Commissioner appointed in pursuance of the preceding regulation may:

(a) summon any person parties or witnesses before him;

(b) take evidence on oath;

(d) allow reasonable expenses to witnesses.

(2) The Special Magistrate or Commissioner shall not be bound by rules of evidence, but shall be at liberty to inform his mind as to any matter by all available means.

Custodian may sell property

44 Custodian may sell property

Subject to these Regulations the Custodian may sell any property retained by him or vested in him under this Part of these Regulations or under or by virtue of the Expropriation Ordinance 1920-1922 of the Territory of New Guinea.

Intention to sell to be notified

45 Intention to sell to be notified

The intention of the Custodian to sell any property in pursuance of the last preceding regulation shall be notified by the Custodian in the Gazette, the New Guinea Gazette, and in such other manner as the Custodian thinks fit.

Persons eligible to purchase property

46 Persons eligible to purchase property

Subject to subsection (1D) of regulation 36 and to regulations 36AA and 36AB of these Regulations the Custodian shall not unless by direction of the Governor-General, sell any property to any purchaser other than to:

(a) a person who is an Australian soldier, or who is a natural-born British subject;

(b) a company in which at least two-thirds of the shares issued by the company are held by persons who are natural-born British subjects and of which the Articles of Association contain a provision prohibiting the sale or transfer of shares in the company to persons who are not natural-born British subjects;

(c) a company registered in any part of His Majesty’s Dominions, in which at least two-thirds of the shares issued by the company are held by persons who are natural-born British subjects and which is approved by the Attorney-General.

46A

Limitation of amount of purchase by any one purchaser

46A Limitation of amount of purchase by any one purchaser

The Custodian shall not sell to any purchaser any property where:

(a) The property is, in the opinion of the Custodian, of the value of more than £250,000; or

(b) the property, together with all property in New Guinea which the purchaser already owns, or is beneficially entitled to, or is in process of purchasing, is, in the opinion of the Custodian, of the aggregate value of more than £250,000.

Sale by tender

47 Sale by tender

Any person or company may submit to the Custodian by sealed tender an offer to purchase any property notified for sale by the Custodian.

Particulars included in tender

48 Particulars included in tender

(1) In each tender for a plantation the amount of purchase money offered for the property shall be deemed to be in respect of planted and unplanted land, buildings of all kinds (including jetties and copra dryers), live stock, plant, machinery, vehicles, vessels, boats, all fixtures, and plantation equipment, specified in the catalogues, schedules, or inventories issued by the Custodian for the inspection of intending purchasers, coco-nut palms and other trees, coco-nuts on palms, coco-nuts on the ground (not being coco-nuts collected at the usual places for cutting), and good-will.

(2) The amount of purchase money offered in any such tender shall not be deemed to be in respect of the following property, whether included or not in the catalogues, schedules, or inventories issued by the Custodian for the inspection of intending purchasers:

(a) Plantation stores on hand, except those specified in the catalogues, schedules or inventories as plantation equipment;

(b) Unexpired contracts with native labourers; and

(c) Coco-nuts collected at the usual places for cutting, copra and other produce in course of curing, and copra and other produce on hand.

48A

Evidence of qualification of tenderer

48A Evidence of qualification of tenderer

Each tenderer shall furnish evidence to show that under the provisions of regulation 46 of these Regulations he is eligible to purchase the property.

Property to be purchased with all faults

49 Property to be purchased with all faults

Each tender shall contain a statement that the tenderer is prepared to purchase the property with all faults (if any).

Terms of sale

50 Terms of sale

(1) The terms on which property, other than that specified in subregulation (2) of regulation 48 and in regulation 50A of these Regulations, shall be offered for sale and purchase are as follows:

(1) Where the intending purchaser is an Australian soldier:

(a) An amount, or securities approved by the Custodian, representing five per centum of the purchase-money shall be forwarded with the tender by way of deposit;

(b) An amount representing ten per centum of the purchase‑money shall be payable within one month of the date of notification to the purchaser that his tender has been accepted;

(c) The balance of the purchase money and interest thereon at the rate of Four pounds per centum per annum calculated quarterly, shall be paid in eighty equal quarterly instalments;

(ca) Interest payable under the last preceding paragraph shall commence to run from the date on which possession is given or from the date on which the Custodian or his duly authorized agent advises the purchaser that the property purchased is available for possession, whichever is the earlier.

(2) Where the intending purchaser is not an Australian soldier:

(a) An amount, or securities approved by the Custodian, representing five per centum of the purchase‑money shall be forwarded with the tender by way of deposit;

(b) An amount representing ten per centum of the purchase-money shall be payable within one month of the date of notification to the purchaser that his tender has been accepted;

(c) A further amount representing fifteen per centum (or, at the discretion of the purchaser, a higher percentage) of the purchase money shall be payable before the purchaser shall be entitled to possession of the property;

(d) The balance of the purchase money shall be payable in ten equal annual instalments, the first of such instalments to be payable at the expiration of one year from the date on which the purchaser becomes entitled to possession of the property;

(e) The purchaser may at any time before the date on which any instalment is payable pay the whole or any portion of that instalment together with interest thereon calculated to the date of payment; and

(f) The purchase money for the time being remaining unpaid shall bear interest at the rate of Five pounds per centum per annum, and such interest shall be payable on the thirtieth day of June and the thirty-first day of December in each year.

(g) Interest payable under the last preceding paragraph shall commence to run from the date on which possession is given or from the date on which the Custodian or his duly authorized agent advises the purchaser that the property purchased is available for possession, whichever is the earlier.

(2) Where securities are forwarded with the tender by way of deposit the Custodian may, upon the acceptance of the tender, realize the securities and credit the purchaser with the net proceeds of the realization.

(3) Notwithstanding anything contained in these Regulations, where any instalment of purchase money payable in respect of any contract of sale whether made before or after the date of this subregulation or any interest thereon is not paid within one month of its due date of payment, interest on that instalment or interest may be charged at the rate of five pounds per centum per annum.

(4) Where an Australian soldier who is purchasing a property under a contract of sale dies prior to paying the full amount of the purchase money and interest thereon, the person beneficially entitled, under the will or on the administration of the estate of the deceased Australian soldier, to his rights under that contract, shall, with the consent of the Custodian, be permitted to continue the purchase of the plantation on the same terms and conditions as were applicable to the deceased Australian soldier.

50A

Terms of sale of leaseholds etc

50A Terms of sale of leaseholds etc

The terms on which leaseholds, of which the unexpired period is less than ninety-nine years, town allotments and personal property shall be offered for sale and purchase shall be determined by the Custodian.

50B

Tenderer to purchase plantation stores etc

50B Tenderer to purchase plantation stores etc

Unless otherwise agreed to by the Custodian, every tenderer for a plantation whose tender is accepted shall, before becoming entitled to possession of the property tendered for, purchase from the Custodian the property specified in subregulation (2) of regulation 48 of these Regulations, on the following basis:

(a) Plantation stores on hand — cash, at the value set forth in the books of the Custodian;

(b) Unexpired contracts with native labourers — cash, at the value set forth in the books of the Custodian as the cost of each contract, less a proportionate reduction for the time which has expired, and less deferred wages up to the date on which the benefit of the contract is transferred to the tenderer, who shall assume the obligation to pay deferred wages accrued up to that date; and

(c) Coco-nuts collected at the usual places for cutting, copra and other produce in course of curing, and copra and other produce on hand — terms of payment and price to be agreed upon.

50C

Power of Custodian to grant or reserve right-of-way

50C Power of Custodian to grant or reserve right-of-way

(1) Where it has been the custom of the Custodian or of any person acting under the authority or direction of the Custodian in that behalf to pass over or through a plantation, having a frontage to the sea, for the purpose of shipping the produce of, or conveying stores to, a plantation vested in the Custodian or any successor in title to the Custodian, which is contiguous or adjacent to, the first-mentioned plantation, it shall be a condition of the sale of the plantation having the frontage to the sea that the Custodian may, at any time before the execution to the purchaser of a proper transfer and title to the property, reserve or grant, for purposes in connexion with the working of the contiguous or adjacent plantation a right of way to the sea over the plantation having the frontage to the sea in favour of the contiguous or adjacent plantation.

(2) The Custodian may determine the conditions under which the right of way may be enjoyed, and the portion of the plantation over which it shall be reserved or granted.

50D

Right to possession and power of sale

50D Right to possession and power of sale

(1) If the purchaser of any property is an Australian soldier he shall be entitled to possession of the property upon payment of the amounts specified in subparagraphs (a) and (b) of paragraph (1) of regulation 50 of these Regulations, and upon signing a contract of sale in respect of the property (in these Regulations referred to as the ‘contract of sale’).

(2) If the purchaser of any property is not an Australian soldier he shall be entitled to possession of the property upon payment of the amounts specified in subparagraphs (a), (b) and (c) of paragraph (2) of regulation 50 of these Regulations, and upon signing a contract of sale in respect of the property (in these Regulations referred to as the ‘contract of sale’).

(3) Until the whole of the purchase money and interest thereon is paid, all right, title, and interest in the property, shall remain vested in the Custodian, and the purchaser shall not, except with the consent in writing of the Custodian, be entitled to assign or transfer the whole or any of his rights under the contract of sale, or to charge those rights in any way with the payment of any money.

(4) Upon the purchaser becoming entitled to possession of the property he shall have the right to use for his own benefit the produce of the property subject to a lien on that produce in favour of the Custodian for any moneys payable to the Custodian under paragraph (a) of regulation 57 of these Regulations.

50E

Expenses to be borne by purchaser

50E Expenses to be borne by purchaser

(1) Where any land is brought under the provisions of the Lands Registration Ordinance 1924-1925 of the Territory of New Guinea after the acceptance of a tender for the purchase of the land, the purchaser shall pay the cost of bringing the land under the provisions of that Ordinance.

(2) If after the acceptance of any such tender it is necessary, in accordance with the law for the time being in force, for the land to be surveyed or re-surveyed, the purchaser shall pay the cost of the survey or re-survey.

Description of property to be taken as correct

51 Description of property to be taken as correct

The particulars and information given to intending purchasers by the Custodian or any person authorized by him will be obtained from official sources, and shall be accepted by the purchaser as correct, and any error found therein shall not annul the sale or entitle the purchaser to be discharged from his purchase or, except in the case of an error relating to the area of land or the existence of any building thereon or the number of coco-nut palms, cocoa trees, rubber trees or cotton trees thereon, to any reduction of the purchase money.

51A

Reduction of purchase money in case of error as to area etc

51A Reduction of purchase money in case of error as to area etc

In the case of an error relating to the area of land or the existence of any building thereon found in the particulars and information given to intending purchasers by the Custodian or any person authorized by him, the purchaser shall be entitled in respect thereof to claim a reduction of the purchase money.

51AA Reduction of purchase money where number of trees wrongly stated

In the case of an error relating to the number of coco-nut palms, cocoa trees, rubber trees or cotton trees on a plantation found in the particulars and information published by the Custodian, the purchaser shall, where the error amounts to ten per centum or more of the number so published, be entitled to claim a reduction of the purchase money in respect of ninety per centum of the difference between the number of coco-nut palms, cocoa trees, rubber trees or cotton trees on the plantation and the number so published by the Custodian:

Provided that no reduction in respect of any one purchase shall be allowed under this regulation and, in respect of an error relating to the area of land, under the last preceding regulation:

Provided further that no claim under this regulation shall be recognized unless it is lodged with the Custodian on or before the thirty-first day of March One thousand nine hundred and thirty.

51B

Reduction of purchase money in respect of encumbrances or exclusion of land from transfer

51B Reduction of purchase money in respect of encumbrances or exclusion of land from transfer

Where, after any land is sold or purports to be sold under these Regulations, and before a transfer and title to the land has been executed to the purchaser in pursuance of regulation 52 of these Regulations, it is found:

(a) that any encumbrances or native rights exist in relation to the land which were unascertained at the date of the sale; or

(b) that it is necessary to exclude from transfer to the purchaser a portion of the land over which native rights exist or which is found to be vested in some other person, the purchaser shall be entitled to have the amount of purchase money in respect of the land reduced in accordance with the provisions of these Regulations.

51C

Manner of reduction of purchase money

51C Manner of reduction of purchase money

(1) The amount by which the purchase money shall be reduced in accordance with these Regulations, except where the reduction arises by reason of the exclusion from transfer to the purchaser of portion of the land sold, or purporting to be sold, shall be determined by agreement between the Custodian and the purchaser, or, in default of agreement, by reference of any difference or dispute as to the amount to two arbitrators for arbitration, one of the arbitrators to be appointed by the Custodian, and one by the purchaser, and such reference shall be deemed to be a submission within the meaning of the laws of the Territory of New Guinea or the Territory of Papua, as the case requires, for the time being in force relating to arbitration.

(2) The amount by which the purchase money shall be reduced by reason of the exclusion from transfer to the purchaser of portion of the land sold or purporting to be sold shall be determined as follows:

(a) In respect of unplanted land so excluded, a reduction shall be made in accordance with the following provisions:

(i) The value of the whole of the unplanted land purporting to be sold to the purchaser shall be deemed to be such sum as bears the same relation to the purchase price payable in respect of the whole of the property as the value placed upon such unplanted land by the Custodian bears to the value placed by him upon the whole of the property prior to the sale thereof;

(ii) The value of the unplanted land determined in accordance with the last preceding subparagraph shall be divided by the total number of hectares of unplanted land purporting to be sold to the purchaser;

(iii) The amount ascertained in pursuance of the last preceding subparagraph shall be multiplied by the number of hectares of unplanted land excluded from transfer to the purchaser and the amount resulting shall be the amount by which the purchase money shall be reduced; and

(b) In respect of planted land so excluded a reduction shall be made in accordance with the following provisions:

(i) The value of the whole of the planted land purporting to be sold to the purchaser shall be determined by deducting the value of the whole of the unplanted land purporting to be sold to the purchaser from the total purchase price payable in respect of the whole of the property;

(ii) For the purposes of the last preceding subparagraph, the value of the unplanted land shall be calculated in accordance with the provisions of paragraph (a) of this subregulation;

(iii) The value determined in accordance with subparagraph (i) of this paragraph shall be deemed to be the value of the coco-nut palms and cocoa trees growing on the planted land;

(iv) Each coco-nut palm and each cocoa tree which is ten or more years old shall be reckoned as one unit and each coco-nut palm and each cocoa tree less than ten years old shall be reckoned as a fraction of a unit, each full year of age being reckoned as one-tenth of a unit;

(v) The value of the planted land determined in accordance with subparagraph (i) of this paragraph shall be divided by the total number of units of coco-nut palms and cocoa trees on the planted land; and

(vi) The amount ascertained in pursuance of the last preceding subparagraph shall be multiplied by the number of units of coco-nut palms and cocoa trees on the planted land excluded from transfer to the purchaser and the amount resulting shall be the amount by which the purchase money shall be reduced.

Title

52 Title

Upon payment by the purchaser of the full amount of the purchase‑money a proper transfer and title to the property will be executed to the purchaser at the expense of the purchaser.

Title to be the best title vested in Custodian

53 Title to be the best title vested in Custodian

(1) The title that shall issue to the purchaser of a property shall be the best title vested in the Custodian from the former owner of the property:

Provided that gold, silver, copper, tin, antimony, and metals of every description, opals, gems, precious stones, and coal, shale and mineral oils, on, in or under all lands, shall not become the property of the purchaser.

(2) Where the title to any property purchased from the Custodian is incomplete, the purchaser may complete the title by fulfilment of the conditions thereof, or, in the case of any leaseholds offered by the Custodian with the right to convert to conditional freehold, may, with the consent of the Administrator, convert to a conditional freehold, but any such completion or conversion shall be at the purchaser’s expense.

(3) Every title shall be subject to any laws or Ordinances of the Territory of New Guinea from time to time in force relating to land.

Covenant for maintenance and repair

54 Covenant for maintenance and repair

Until payment of the full amount of the purchase money the purchaser shall covenant with the Custodian that the purchaser will, to the satisfaction of the Custodian or his duly authorized agent, keep and maintain plantations well planted and cultivated, and reasonably clean and free from weeds, pests and diseases, and will maintain all other property in good order and condition, fair wear and tear alone excepted.

Insurance of buildings etc

55 Insurance of buildings etc

(1) Unless the Custodian otherwise determines the purchaser shall, within fourteen days after he becomes entitled to possession of the property, insure with a company approved by the Custodian, and shall, until the full amount of the purchase money has been paid, keep so insured from fire, to the full insurable value thereof, all dwellings, offices, and other permanent buildings, jetties, vehicles, vessels, boats, and copra‑drying kilns included in the property purchased.

(2) If the purchaser fails to insure the property in accordance with the provisions of this regulation or, having insured the property, fails for any period of fourteen days or more to keep it so insured, the Custodian or his duly authorized agent may cancel the contract of sale, and, in his discretion, forfeit any moneys previously paid under the contract of sale.

(3) Every cover‑note and insurance policy obtained by the purchaser in pursuance of this regulation shall be lodged with the Custodian or his duly authorized agent within fourteen days after the issue of the cover‑note or policy, as the case may be.

Power to enter on purchased land

56 Power to enter on purchased land

The Custodian, or his duly authorized agent, or any inspector whom the Custodian may appoint for the purpose, may, at all reasonable times, enter upon any lands sold under these Regulations for the purpose of ascertaining whether the purchaser is complying with the provisions of these Regulations and the conditions under which the lands were sold.

56A

Meaning of duly authorized agent of Custodian in regulations 54 and 56

56A Meaning of duly authorized agent of Custodian in regulations 54 and 56

Where any reference is made in regulation 54 or in regulation 56 of these Regulations to the Custodian or his duly authorized agent, the words ‘his duly authorized agent’ mean any delegate of the Custodian appointed in pursuance of regulation 33 of these Regulations and include any officer for the time being in the employ of the Custodian.

Rights of Custodian where conditions of sale not observed

57 Rights of Custodian where conditions of sale not observed

If the purchaser fails to comply with the covenant referred to in regulation 54 of these Regulations:

(a) the Custodian or his duly authorized agent may enter upon the property and effect all repairs and do all work which the Custodian or his duly authorized agent thinks necessary, and the expenses thereby incurred, together with interest at the same annual rate as that which is payable on the purchase money, shall be paid to the Custodian by the purchaser on demand, or by such instalments and at such times as the Custodian determines, and until repayment shall be a charge on the property, and the Custodian shall have a lien over the whole of the produce of the property to secure the repayment of the expenses and interest; or

(b) the Custodian or his duly authorized agent may enter upon and take possession of the property, and thereupon may cancel the contract of sale, and, in his discretion, forfeit any moneys previously paid by the purchaser under the contract of sale.

Action on instalments being overdue

58 Action on instalments being overdue

If at any time any instalment or money payable in respect of a contract of sale or any part of such instalment or money is unpaid for three calendar months next after the time appointed for the payment thereof, then, although no legal demand has been made for payment, the Custodian or his duly authorized agent may enter upon and take possession of the property in respect of which the contract of sale was entered into, and may cancel the contract of sale, and, in his discretion, forfeit any moneys previously paid by the purchaser under the contract of the sale:

Provided that, where the Custodian is satisfied that, by reason of a fall in the market price of copra or other extraordinary circumstances not within the control of a purchaser, such purchaser is temporarily unable to make payment of moneys falling due under his contract of sale, the Custodian may defer or waive payment of the whole or any portion of the moneys so due for such a period and on such terms as the Minister approves.

58A

Sale of plantation etc which reverts to Custodian

58A Sale of plantation etc which reverts to Custodian

(1) Where a plantation, trading station, or other property reverts to the Custodian by reason of the exercise of his powers under these Regulations, or through the annulment or cancellation of a contract of sale, the Custodian may sell that plantation, trading station, or other property on such terms as the Minister approves.

(2) Subject to such modifications as the Minister approves and are included in the contract of sale, these Regulations apply to, and in relation to, a sale under subregulation (1) of this regulation.

58AA Payments of instalments and interest in respect of sale of reverted property

(1) Notwithstanding anything contained in the last preceding regulation, but subject to this regulation:

(a) the balance of purchase money outstanding in respect of the sale of a property under a contract entered into in accordance with the last preceding regulation shall, notwithstanding anything contained in that contract, be paid by quarterly instalments calculated in accordance with subregulation (3) or subregulation (4), as the case requires, of this regulation; and

(b) interest calculated in accordance with subregulation (5) or subregulation (6), as the case requires, of this regulation shall be paid quarterly on the unpaid balance of purchase money outstanding on the first day of the last preceding quarter.

(2) The purchaser of a property under a contract referred to in the last preceding subregulation shall complete the payment of the full amount of the purchase money and interest on the purchase money on or before the thirtieth day of June, One thousand nine hundred and seventy-five.

(3) Where the purchaser of a property is an Australian soldier, the amount of each instalment payable by him under subregulation (1) of this regulation shall, in respect of each One thousand pounds of the total amount of purchase money that was outstanding after the payment of the deposit and any other amount required to be paid by the purchaser as a condition precedent to the right to possession of the property, be calculated at the rate specified in column 2 of the Third Schedule to these Regulations opposite to the rate specified in column 1 of that Schedule which is the average price per ton of plantation hot-air dried copra during the last preceding quarter.

(4) Where the purchaser of a property is not an Australian soldier, the amount of each instalment payable by him under subregulation (1) of this regulation shall, in respect of each One thousand pounds of the total amount of purchase money that was outstanding after the payment of the deposit and any other amount required to be paid by the purchaser as a condition precedent to the right to possession of the property, be calculated at the rate specified in column 4 of the Third Schedule to these Regulations opposite to the rate specified in column 1 of that Schedule which is the average price per ton of plantation hot-air dried copra during the last preceding quarter.

(5) Where the purchaser of a property is an Australian soldier, the rate of interest payable by him under subregulation (1) of this regulation shall be the rate specified in column 3 of the Third Schedule to these Regulations opposite to the rate specified in column 1 of that Schedule which is the average price per ton of plantation hot-air dried copra during the last preceding quarter.

(6) Where the purchaser of a property is not an Australian soldier, the rate of interest payable by him under subregulation (1) of this regulation shall be the rate specified in column 5 of the Third Schedule to these Regulations opposite to the rate specified in column 1 of that Schedule which is the average price per ton of plantation hot-air dried copra during the last preceding quarter.

(7) For the purposes of this regulation, the average price per ton of plantation hot-air dried copra during the last preceding quarter means:

(a) one-third of the sum of the amounts declared, for the purposes of the Customs (Copra Export) Tariff 1958 of the Territory of Papua and New Guinea, by the Administrator of the Territory of Papua and New Guinea in each of the three months preceding the date on which the payment of an instalment or interest is to be made, to be the assessed value per ton of copra exported from the Territory during each of those months; or

(b) where, in any month, the Administrator does not declare an amount for the purposes of that Tariff, an amount declared by the Minister, by notice in the Government Gazette of the Territory of Papua and New Guinea, to be the average price per ton of plantation hot-air dried copra during the three months preceding the date on which the payment of an instalment or interest is to be made.

Rights of Custodian where articles of association not observed

59 Rights of Custodian where articles of association not observed

Where the purchaser is a company approved by the Custodian in which all the shares issued by the company are held by Australian soldiers and of which the articles of association contain a provision prohibiting the sale or transfer of shares in the company to persons who are not Australian soldiers and prohibiting the transfer of shares to Australian soldiers without the consent of the Custodian, if, before the whole of the purchase money and interest thereon is paid:

(a) any share is held by a person who is not an Australian soldier; or

(b) the articles of association of the company are altered so as no longer to contain the provision set forth in this regulation,

the Custodian or his duly authorized agent may enter upon and take possession of the property; and thereupon may cancel the contract of sale, and, in his discretion, forfeit any moneys previously paid by the purchaser under the contract of sale.

Power of Custodian to summon witnesses etc

60 Power of Custodian to summon witnesses etc

(1) For the purpose of dealing with tenders for property in New Guinea, the Custodian shall have power:

(a) to summon witnesses;

(b) to take evidence on oath;

(2) Any person summoned by the Custodian as a witness who without lawful excuse and after tender of reasonable expenses fails to appear in obedience to the summons, shall be guilty of an offence.

Penalty: Fifty pounds.

(3) Any person who appears before the Custodian as a witness, and who without lawful excuse refuses to be sworn, or to make an affirmation, or to produce documents, or to answer questions which he is lawfully required to answer, shall be guilty of an offence.

Penalty: Fifty pounds.

Tenders to be made in good faith

61 Tenders to be made in good faith

(1) Every purchase of a property is hereby required to be made in good faith; and a purchase shall be taken to be made in good faith when the sole object of the purchaser is to acquire the property in order that he may hold and use the land for his own exclusive benefit.

(2) The Custodian in dealing with a tender for any property shall reject the tender unless he is satisfied that the tender has been made in good faith; but the Custodian shall not disallow any application as not having been made in good faith merely because the applicant has been or is to be assisted financially in connexion with such holding by a person who is eligible under the provisions of regulation 46 to purchase the property.

61A

Cancellation of contracts of sale not made in good faith

61A Cancellation of contracts of sale not made in good faith

(1) If, at any time, the Minister is satisfied that any tender for any property in respect of which a contract of sale was subsequently entered into was not made in good faith in accordance with the last preceding regulation, the Minister may, notwithstanding anything contained in these Regulations, direct the Custodian to cancel the contract of sale and may, in his discretion, order the forfeiture of any moneys, or any part thereof, previously paid by the purchaser under the contract of sale, and may authorize the Custodian or his duly authorized agent to enter into and take possession of the property in respect of which the contract of sale was entered into. The Custodian shall forthwith give effect to any direction given by the Minister under this subregulation.

(2) The Custodian may, subject to these Regulations, sell any property the contract for the sale of which has been cancelled under the last preceding subregulation.

More sections below

Source text: opening excerpt

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Treaty of Peace Regulations

Treaty of Peace Regulations

Statutory Rules 1920 No. 25 as amended

made under the

Treaty of Peace (Germany) Act 1919

This compilation was prepared on 24 October 2002
taking into account amendments up to SR 1959 No. 15

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Contents

Part I General

1 Citation [see Note 1]

1A Parts

2 Interpretation

2A Non-application of regulations 20, 20A, 21 and 22 to Papua and New Guinea

3 Operations of Sections III to VII of Part X of the Treaty

4 Establishment of Clearing Office

4A Delegation by Minister

5 Delegation by Controller

6 Appointment of officers

7 Enemy debts to be paid through Clearing Office only

8 Proceedings not to be taken in courts

9 Power of Clearing Office to enforce payment of debts

10 Recovery of fines for wrongful claim of, or refusal to admit, a debt

11 Power of Controller to take proceedings

12 Commission

13 Notice of debts due

14 Failure by creditors to give notice of debts due

15 False notice or admission of debt

15A Inspection of documents

15B Incriminating answer or production of documents

16 Application of Regulations to nationals of Allied or Associated Powers

17 Admission as evidence of documents issued by the Clearing Office

18 Decisions of Mixed Arbitral Tribunal

19 Power to summon witnesses and require production of documents

20 Property of German nationals — how charged

20A Maintenance of certain dependants

20B Revocation of vesting orders by Minister

20C Commission to be charged by Public Trustee

20D Registration of Public Trustee as registered proprietor of land

21 Transfer etc by German national prohibited

21A Evidence of nationality of person dying on or after date of commencement of Treaty

22 Power of Public Trustee to deal with money paid to him

23 Recommencement of period of prescription

24 Confirmation of Rules affecting closing of contracts