STATUTORY RULES.

1936. No. 83

––––––––

REGULATIONS UNDER THE TREATY OF PEACE (GERMANY) ACT 1919-1920.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Deputy of the Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Treaty of Peace (Germany) Act 1919-1920.

Dated this twenty fourth day of June, 1936.

Deputy of the Governor-General.

By His Excellency’s Command,

for the Treasurer.

–––––

Commencement.

Amendments of the Treaty of Peace Regulations.†

1. These Regulations shall come into operation on the first day of July, 1936.

Definitions.

2. Regulation 31 of the Treaty of Peace Regulations is amended by inserting, after the definition of “the Treaty”, the following definition:—

“ ‘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.”.

Terms of sale.

3. Regulation 50 of the Treaty of Peace Regulations is amended—

(a) by omitting paragraphs (d), (e) and (f) (first occurring); and

(b) by omitting from paragraph (f) (second occurring) the words “ten shillings”.

4. After regulation 50a of the Treaty of Peace Regulations the following regulation is inserted:—

Provision for reduced rates of instalments and interest.

“50aa.—(1.) Notwithstanding anything contained in regulation 50 of these Regulations—

(a) the balance of purchase money outstanding on the thirtieth day of June, 1936, in respect of the sale of any plantation may be paid by quarterly instalments, the first of which shall become payable on the first day of July, 1936, and the amount of each instalment shall be ascertained in accordance, with the provisions of sub-regulation (2.) of this regulation:

* Notified in the Commonwealth Gazette on June, 1936.

† Statutory Rules 1920, No. 25, as amended by Statutory Rules 1920, No. 235; 1921, Nos. 13, 46, 78, 85, 109, 180, 200 and 232; 1922, Nos. 36, 65, 66, 84, 121, 127, 187, 190 and 191; 1923, Nos. 60, 63, 151, 180, 181 and 182; 1924, Nos. 31, 46, 58, 78 and 133; 1925, Nos. 15, 21 and 201; 1926, Nos. 24, 36, 59, 78, 104, 140, 164 , 192 and 193; 1927, Nos. 40, 53, 76 and 123; 1928, Nos. 10, 34, 67 and 68; 1929, Nos. 7, 8, 73 and 111; 1930, Nos. 19, 39 and 144; and 1933, No. 3.

2999.—6/15.6.1936 Price 3d.

Provided that—

(i) in the case of a purchaser who is an Australian soldier, the whole of the moneys outstanding shall be paid on or before the thirtieth day of June, 1956; and

(ii) in the case of a purchaser who is not an Australian soldier, the whole of the moneys outstanding shall be paid on or before the thirtieth day of June, 1946;

(b) the balance of the purchase money outstanding on the thirtieth day of June, 1936, in respect of the sale of a trading station, not being a trading station held under lease which expires before the thirtieth day of June, 1946, may be paid by forty equal quarterly instalments, the first of which shall be paid on the first day of July, 1936; and

(c) interest in respect of the sale of a plantation or trading station may be paid on the first day of each quarter (commencing on the first day of October, 1936) on the unpaid balance of purchase money outstanding at the end of the first day of the last preceding quarter at the rate prescribed in sub-regulation (3.) of this regulation.

(2.) The amount of the instalment of purchase money payable on the first day of each quarter in respect of the sale of a plantation shall be based on the average price per ton f.o.b. Rabaul of plantation hot-air dried copra during the last preceding quarter and shall be ascertained as follows:—

For each amount of One thousand pounds or portion thereof of unpaid purchase money outstanding at the end of the first day of the last preceding quarter the purchaser shall pay the amount specified in Column 2 of the Third Schedule opposite to the price range in Column 1 of that Schedule which includes the average price per ton f.o.b. Rabaul of plantation hot-air dried copra for that quarter.

(3.) The interest payable on the first day of each quarter on the balance of purchase money outstanding in respect of the sale of any plantation or trading station shall be —

(a) in the case of a purchaser who is an Australian soldier— at the rate specified in Column 3 of the Third Schedule opposite to the price range in Column 1 of that Schedule which includes the average price per ton f.o.b. Rabaul of plantation hot-air dried copra during the last preceding quarter; and

(b) in the case of a purchaser who is not an Australian soldier—at the rate specified in Column 4 of the Third Schedule opposite to the price range in Column 1 of that Schedule which includes the average price per ton f.o.b. Rabaul of plantation hot-air dried copra during the last preceding quarter.

(4.) For the purposes of this regulation, the average price per ton f.o.b. Rabaul of plantation hot-air dried copra during any quarter shall be one-third of the sum of the amounts declared by the

Administrator of New Guinea in each month of that quarter for the purposes of the Customs Tariff Ordinance 1922-1936 as the assessed value per ton of copra exported from Now Guinea during that month.”.

Action on instalments being overdue.

5. Regulation 58 of the Treaty of Peace Regulations is amended by inserting in the proviso thereto, after the word “defer”, the words “or waive”.

6. After regulation 58 of the Treaty of Peace Regulations the following regulation is inserted:—

Sale of plantation, &c., which reverts to Custodian.

“58a. 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.”.

7. After the Second Schedule to these Regulations the following Schedule is inserted:—

“THE THIRD SCHEDULE.

Reg. 50aa.

Table for Calculation of Amount of Quarterly Instalment and Rate of

Interest.

––––––––––––––––

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.