National Security (Aliens Control) Regulations (Amendment) (Cth)

STATUTORY RULES.

1940. No. .

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REGULATION UNDER THE NATIONAL SECURITY ACT 1939-1940.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the National Security Act 1939-1940.

Dated this Twenty Ninth day of November, 1940.

Governor-General.

By His Excellency’s Command,

For Minister of State for Defence Co-ordination.

 

Amendment of National Security (Aliens Control) Regulations.

Detention orders.

Regulation 20 of the National Security (Aliens Control) Regulations is amended by omitting sub-regulations (1a.) and (2.) and inserting in their stead the following sub-regulations:—

“(2.) The Minister may at any time by order direct that any enemy alien, who has been sent to Australia for internment in Australia in accordance with arrangements entered into by the Government of the Commonwealth and the Government of the United Kingdom or of any other part of His Majesty’s dominions, be sent to the United Kingdom or to any other part of His Majesty’s dominions or, at the request of the Government of the United Kingdom, to any other country, and the enemy alien shall, as soon as practicable, be sent to the United Kingdom or to the part of His Majesty’s dominions or to the other country specified in the Order.

“(3.) For the purposes of this regulation, the Minister may appoint one or more Aliens Tribunals consisting of a Chairman and two other members. The Chairman shall be a person who holds or has held the office of Justice or Judge of a Federal Court or of a Court of a State

 

* Notified in the Commonwealth Gazette on , 1940.

  Statutory Rules 1939, No. 88 as amended by Statutory Rules 1939, No. 95; and 1940, Nos. 44, 66, 121, 159, 172 and 201.

7321.—6/28.11.1940.—Price 3d.

or Territory of the Commonwealth, or who is or has been a practising barrister or solicitor of the High Court or of the Supreme Court of a State of not less than five years standing. Every Advisory Committee appointed under regulation 26 of the National Security (General) Regulations, as amended to the date of the commencement of this sub-regulation, shall, by force of this regulation, be an Aliens Tribunal appointed under this regulation.

“(4.) For the purposes of this regulation the Minister may employ such persons as he thinks fit and persons so employed shall not be subject to the Commonwealth Public Service Act 1922-1939 but shall be employed on such terms and conditions as the Minister determines.

“(5.) An enemy alien detained under an order made in pursuance of this regulation may, within the time and in the manner prescribed by or under this regulation—

(a) apply to an Aliens Tribunal for leave to submit objections against the order; and

(b) if such leave is granted, submit objections against the order.

“(6.) An application under sub-regulation (5.) of this order shall be submitted—

(a) where the order was made before the date upon which that sub-regulation came into operation—within fourteen days after that date; and

(b) where the order was made on or after that date—within fourteen days after the date upon which the applicant received notice of the order.

“(7.) The Minister may make Rules as to the conduct of proceedings of Aliens Tribunals, and in particular, as to—

(a)the form and manner in which applications for leave under this regulation shall be submitted to an Aliens Tribunal and the manner in which the decision of the tribunal shall be notified to the applicant;

(b) the manner in which objections against an order may be made to an Aliens Tribunal;

(c) the summoning and examination of witnesses and the production of books, documents and papers;

(d) the administration of oaths and affirmations;

(e) the protection of members of such tribunals and of witnesses summoned to attend or appearing before such tribunals;

(f) the appearance before any such tribunal of the applicant in person, or by counsel, solicitor or agent; and

(g) the place or places at which Aliens Tribunals may sit to hear objections.

“(8.) In any State in which two or more Aliens Tribunals are appointed, the Minister may, if he thinks fit, designate the Chairman of one of those tribunals (being a person who holds or has held the office of Justice or Judge of a Federal Court or of a Court of a State or Territory of the Commonwealth) as the person to whom all applications under sub-regulation (5.) of this regulation by persons detained in that State are to be forwarded, and the Chairman so designated shall forthwith determine by which tribunal in that State any application is to be considered.

“(9.) The functions of an Aliens Tribunal shall be—

(a) to consider applications for leave to submit objections made by enemy aliens in pursuance of this regulation, and to grant or refuse such applications;

(b) in cases where leave is granted, to hear such objections and to make reports and recommendations thereon to the Minister or, where the order objected to was made by a person authorized by the Minister to act under this regulation, to that person.

“(10.) An Aliens Tribunal shall refuse an application for leave to submit objections if the application appears to it to be vexatious or to be based on grounds which would not, in the opinion of the tribunal, be sufficient to justify the release of the applicant.

“(11.) A recommendation for the release of a person who is detained in pursuance of an order under this regulation shall not be made by an Aliens Tribunal unless it is satisfied—

(a) that it is neither necessary nor advisable for the public safety, the defence of the Commonwealth or the efficient prosecution of the war that the person should continue to be detained; and

(b) that the release of the person would not be likely to occasion serious unrest in any Australian community.

“(12.) Where a report is made by an Aliens Tribunal to a person authorized by the Minister to act under this regulation, and that person is not in agreement with any recommendation made by the tribunal, he shall forthwith refer the matter to the Minister for determination.

“(13.) The provisions of this regulation relating to the making of objections against orders shall not apply in relation to orders made against persons who have been sent to Australia for internment in Australia in accordance with arrangements entered into by the Government of the Commonwealth and the Government of the United Kingdom, or of any other part of His Majesty’s dominions.

“(14.) A person in respect of whom an order is made in pursuance of this regulation shall be supplied with aa copy of this regulation.

“(15.) In this regulation ‘the Minister’ means the Minister of State for Defence Co-ordination or the Minister of State for the Army.”.

 

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