Air Raid Wardens Act Amendment Act of 1941 (5 Geo Vi No. 21) (Qld)

266 WAR LEGISLATION. Air Raid Wardens Act Amendment Act. 5 GEO. VI. No. 21, WAR LEGISLATION. (1) Air RaJidJ Wardens Act Amendment Act of 1941 .. 5 Geo. VI. No. 21 (2) Eme'J'gency Supplies Act of 1941 .. 6 Geo. VI. No. 7 5 N G o E . O 2 V 1. I. An Act to Amend "The Air Raid Wardens Act of THE .Am RAID 1939" in certain particulars, and for other WARDENS AC!r .AMEND:IIEN!r purposes. AO!r OF 1941. [ASSENTED TO 20TH NOVEMBER, 1941.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by th1e authority of the same, as follows:- Short title 1. This Act may be cited as" The Air Raid Wardens and . Act Amendment Act of 1941," and shall be read as one constructIOn. with *" The Air Raid Wardens Act (.)f 1939," herein referred to as the Principal Act. Collective The Principal Act and this Act may collectively title. be cited as " The Air Raid Wardens Acts, 1939 to 1941." Amendments of the Principal Act. New s. 2A 2. The following section, numbered 2A, is inserted inserted. after section two of the Principal Act, namely :- Constitution "[2A.] (1.) The Governor in Council may constitute t ~ f ivil such civil defence organisations as he shall think necessary o:g::ations for securing the civil defence of this State or any part and l t m he t of this State in the event of an emergency arising through etrnarioninge,na, nd aI . r ral· d or 0 ther enemy attack . instruction opthfeerrtsheooenfn. el be thTeheoffGicoevr eirnnocrhairngeCoouf nacnily mciavyil adpefpeonicnet oargpaenrissoantioton constituted by him and such officer in charge shall, subject to the Minister, administer such organisation. (2.) The Governor in Council may, when constituting any civil defence organisation, establish branches, sections, or parts thereof. • 3 G. 6 No. 35. See 1939 Sess. v., p. 17529.

WAR LEGlS'LATION. 267 1941. Air Raid Wardens Act Amendment Act. (3.) The officer in charge of any civil defence organisation may, subject to the Minister, enrol or authorise the enrolment of the personnel of such organisation (including the personnel of every branch, section, or part thereof) : Provided that if the manner of enrolment is prescribed by the regulations all such personnel shall be enrolled in the prescribed manner. (4.) The regulations may prescribe and, in so far as the regulations do not prescribe, the officer in charge of a civil defence organisation may, subject to the Minister, prescribe such course of training and instruction for the personnel of such organisation or of any branch, section, or part thereof as is considered necessary for the efficient discharge of the functions of the organisation or, as the case may be, the branch, section, or part thereof concerned. (5.) The Governor in Council may from time to time cause the Minister to publish in the Gazette a list of all organisations constituted under this section and no body or association of persons (corporate or unincorporate) shall be or be deemed to be an organisation so constituted unless its name is included in the latest list so published. (6.) No provision of this section shall prejudice any power or authority relating to air raid wardens conferred upon the Commissioner by this Act." 3. Section three of the Principal Act is amended as Amendment follows :_ of B. 3. (a) The following paragraph is added to subsection one thereof, namely :- " The Commissioner shall cause all air raid wardens appointed by him to be enrolled and, if the manner of their enrolment is prescribed by the regulations, cause them to be enrolled as so prescribed." (b) The words " or any other enemy attack upon" are inserted after the words "air raid upon" in subsection two thereof. 4. The words" or any other enemy attack upon" Amendment are inserted after the words" air raid upon" in section of s. 4. four of the Principal Act.

268 WAR LEGISLATION. Air Raid Wardens Act Amendment Act. 5 GEO. VI. No. 21, Section 5 5. Section five of the Principal Act is repealed and ~ ~ ;~ : ~ s. 5 the following section five is inserted in lieu thereof, inserted. namely:- Workers' "[5.] (1.) Every member of any civil defence ~~ t~ ~ e: tcts organisation constituted by the Governor in Council applied. or of any branch, section, or part of any such organisation (including every air raid warden appointed by the Commissioner) shall be deemed to be a worker within the meaning of *" The Workers' Oompensation Acts, 1916 to 1939," or any Act amending or in substitution for such Acts, and as such worker shall be deemed to be an employee of the Crown- (i.) During any period while he is undergoing any prescribed training or instruction in his duties as such member; and (ii.) While engaged in his duties as such member during the period of an air raid or during any other enemy attack. (2.) If the Governor in Council is satisfied that the Parliament of the Commonwealth has made provision in respect of compensation for the persons or any of the persons mentioned in subsection one hereof he may, by Order in Council, modify this section in so far as may be necessary to ensure against the payment of compensation to any person both under this Act and under such provision so made by the Parliament of the Commonwealth." New s. SA 6. The following section, numbered SA, is inserted inserted. after section eight of the Principal Act, namely:- Unlawful "[8A.] (1.) No body or association of persons associations. (corporate or unincorporate) other than a civil defence organisation or a branch, section, or part of a civil defence organisation constituted by the Governor in Council shall adopt or use (and either alone or in connection with any other word, words, letter or letters) as its name or as the name of any department, section, or other part of it- (i.) The words " civil defence" or the words " air raid precautions" or the letters" A.R.P."; or (ii.) Any words which are a contraction of the words "civil defence" or the words "air raid precautions"; or * 6 G. 5 No. 35 and amending Acts. See v. 4, pp. 834 et seq.

1941. WAR LEGISLATION. Air Raid Wardens Act Amendment Act. 269 (iii.) Any word, words, letter or letters representing or implying or likely to represent or imply that such body or association or any department, section, or other part of it has any lawful power, authority, function, jurisdiction, duty, obligation, or responsibility in relation to the civil defence of this State or any part of this State. (2.) No body or association of persons (corporate or unincorporate) other than a civil defence organisation or a branch, section, or part of a civil defence organisation constituted by the Governor in Council shall represent or imply in any manner whatsoever that it or any department, section, or other part of it has any power, authority, function, jurisdiction, duty, obligation, or responsibility in relation to the civil defence of this State or any part of this State. (3.) Any body corporate which contravenes any provision of this section shall be guilty of an offence and liable to a penalty of not more than two hundred pounds. (4.) Any person who is a. member of any body or association of persons (corporate or unincorporate) which contravenes any provision of this section shall be guilty of an offence and liable- (i.) (If such person was a member of the managing body of, or held any office under, such body or association at the time when the contravention occurred) to a penalty of not more than one hundred pounds; or (ii.) (In any other case) to a penalty of not more than twenty pounds." 7. The following section, numbered SB, is inserted New s. 8B after section SA of the Principal Act as previously inserted. inserted by this Act, namely :- "[8B.] (1.) No person other than a member of a Penalty for civil defence organisation or of a branch, section, or unla:w.ful use part 0 f a m " V 1 I de £ ence organI . satI'On constO 1 tut ed by odeff C e I n V c Il e the Governor in Council shall- insignia of (a ) Wear any, or any co 1 ourable I'm"ItatIOn 0 f oufnflicaewofurlly any, arm-band, badge, or other insignia of Pt rebten~ i~ gl o 0 em~ office authorIsed to be worn by a member of defence such organisation or of such branch, section, officer. or part of such organisation, as the case may be; or

270 WAR LEGISLATION. Air Raid Wardens Act Amendment Act. 5 GEO. VI. No. 21, 1941. (b) Wear any arm-band, badge, or other insignia of office representing or implying or likely to represent or imply that he is a member of such organisation or of such branch, section, or part of such organisation, as the case may be; or (c) Represent or imply in any manner whatsoever that any arm-band, badge, or other insignia of office lawfully authorises him or any other person to exercise any power, authority, function, or jurisdiction or lawfully charges him or any other person with any duty, obligation, or responsibility in relation to the civil defence of this State or any part of this State; (d) Represent or imply in any manner whatsoever that he is a member of such organisation or of such branch, section, or part of such organisation or that he has any power, authority, function, jurisdiction, duty, obligation, or responsibility in relation to the civil defence of this State or any part of this State. (2.) Any person who contravenes any provision of this section shall be guilty of an offence and liable, subject as hereinafter provided, to a penalty of not more than twenty pounds: Provided that any person committing such contravention- (a) For the purpose of enabling or with intent to enable his entry or the entry of any other person into or upon any place; or (b) For the purpose of obtaining or with intent to obtain any money or goods from any other person, shall be liable to a penalty of not more than one hundred pounds or to imprisonment for not more than six months."