BE V. No. 38 of 1915. AN ACT relating to Contracts. [Assented to 27th September, 1915.] E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Par liament assembled, and by the authority of the same, as follows: 1. This Act may be cited as the Enemy Contracts Annulment Short title. Act, 1915. 2. In this Act "Enemy subject" means (a) any person who is an enemy within the meaning of any (b) any person, firm, or company the business whereof is "The present war" means the war with Germany which com menced on the fourth day of August, One thousand nine hundred and fourteen, and with any of the Allies of Ger- Definitions. Com., No. 11 of 1915, s. 2. 3. (1.) In this section, "enemy contract" means any con- Annulment of contract (a) to which an enemy subject is a party, or (b) tracts with or for benefit of enemy. Ibid., s. 3. Power to terminate (b) in which an enemy subject has, in the opinion of the Attorney General of the Commonwealth, a material interest, or (c) which is or is likely to be for the benefit of enemy subjects or of enemy trade. (2.) Any party to a contract may file with the Attorney General of the Commonwealth a copy of the contract, and apply to the Attorney General of the Commonwealth for a declaration that the contract is or is not an enemy contract within the meaning of this section. (3.) If the said Attorney General declares that the contract is an enemy contract, then, upon the publication of his declaration in the Commonwealth Gazette, the contract shall be deemed to be an enemy contract. (4.) If the said Attorney General declares that the contract is not an enemy contract, then, upon the publication of his declaration in the Commonwealth Gazette, the contract shall be deemed not to be an enemy contract. (5.) Every enemy contract made before the commencement of the present war is hereby declared to be and to have been null and void, as from the commencement of the present war, as regards all rights and obligations thereunder except such rights and obligations as relate to goods which had already been delivered or acts which had already been performed at that time or such as arise out of or in consideration for such delivery or performance. (6.) Every enemy contract made before or after the commencement of this Act, during the continuance of the present war, is hereby declared to be null and void and of no effect whatever. 4. (1.) Either party to a contract to which this section applies contracts suspended may, by notice in writing to the other party, terminate the contract as regards all rights and obligations relating to any future supply or delivery under the contract. by war. Ibid., s. 4. (2.) A contract to which this section applies is any contract for the sale or delivery of goods, the performance of which(a) is by operation of law or by the terms of the contract suspended, or (b) is or may be by act of a party suspended, or (c) is claimed by the party against whom the notice is given to be suspended, during or on account of the present war. (3.) A notice of termination of a contract, given before the passing of this Act, shall be as good and effective to terminate the contract as if this Act had been passed before the notice was given. (4.) No action shall be brought against any party to a contract, to which this section applies, by reason of any nonperformance of the contract after the commencement of the war. By Authority: FRED. WM. SIMPSON, Government Printer, Perth. AN ACT to further amend the Bread Act, 1903. BE [Assented to 27th September, 1915.] E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows: 1. This Act may be cited as the Bread Act Amendment Act, Short title. 1915, and shall be read as one with the Bread Act, 1903, hereinafter referred to as the principal Act. 2. (1.) Section three of the principal Act is amended by omit- Amendment of ting the interpretation of the term "Fancy bread," and section Sections 3, 4, and 5. four is amended by omitting the words "and fancy bread," wherever they occur, and section five is amended by omitting the words "or fancy bread." (2.) Section three of the principal Act is further amended by omitting the interpretation of the term "Inspector," and inserting in place thereof the following: "Inspector" means an inspector appointed under the Health Act, 1911, or by a municipal council or road board under 3. Section thirteen of the principal Act is amended by omitting Amendment of the words "or as to such larger number as may be found conveni- Section 13. ent," and by inserting in place thereof "and, if not, then as to as many as there may be." 4. Amendment of Reprinting of principal Act and amendments. 4. Section seventeen of the principal Act is amended by inserting after the word "municipality," in the first line thereof, the words "or any road board," and by inserting after the word "municipality," in the third line thereof, the words "or the district of such board." 5. All copies of the principal Act hereafter printed by the Government Printer shall be printed as amended by this Act, and the Bread Act Amendment Acts of 1906 and 1911, under the supervision of the Clerk of Parliaments, and all necessary references to the amending Acts shall be made in the margin. By Authority: FRED. WM. SIMPSON, Government Printer, Perth. |