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

STATUTORY RULES.

1942. No. 406.

 

REGULATION UNDERTHE 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 second day of September, 1942.

(SGD.) GOWRIE,

Governor-General.

By His Excellency’s Command,

(sgd.) H. V. Evatt

for and on behalf of the Minister of

State for Defence.

 

Amendment of the National Security (Aliens Control)

Regulations. 

After regulation 20 of the National, Security (Aliens Control) Regulations the following regulations are inserted:—

Additional provision in relation to detention orders.

“20a.—(1.) Notwithstanding anything contained in the last preceding regulation, it shall not be necessary for any person to apply for leave to submit objections against any order and, in addition to the provisions of that regulation (other than the provisions relating to applications for leave), the following provisions shall apply in respect of the submission and determination of objections against any such order:—

(a) An enemy alien detained under an order may, within the time and in the manner prescribed by or under this regulation, submit objections against the order;

 

* Notified in the Commonwealth Gazette on , 1942.

 Statutory Rules 1939, No. 88, as amended by Statutory Rules 1939, No. 95; 1940, Nos. 44, 66, 121, 159, 172, 201 and 269; 1941, Nos. 39, 59, 139, 170, 175 and 226; and 1942, Nos. 41, 274, 360, and 372.

6844.—Price 3d. 25/22.9.1942.

 

(b) Objections against any such order shall be submitted—

(i) where the order was made before the date of the commencement of this regulation—within fourteen days after that date; and

(ii) where the order was made on or after that date—within fourteen days after the date upon which the objector received notice of the order:

Provided that, unless the Minister otherwise directs, an objection shall not be considered by an Aliens Tribunal in the case of an order made prior to the commencement of this regulation in respect of which an application for leave under the last preceding regulation was not made and the time for making such an application expired before the commencement of this regulation:

Provided further that an Aliens Tribunal may consider objections which are not submitted within the prescribed time if it is satisfied that it was not practicable for the applicant to submit the objections within that time and that; he submitted them as soon as practicable thereafter;

(c) 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 objections 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 objections are to be considered;

(d) An Aliens Tribunal may on application by the objector or on its own motion, at any time prior to the making of the report and recommendation on the objections, direct that any objections which have been submitted to it shall be heard by another Aliens Tribunal and thereupon that other Tribunal shall deal with the objections as if they had been originally submitted to it;

(e) All Aliens Tribunals and the members and officers thereof shall severally act in aid of and be auxiliary to each other;

(f) In any case in which the Minister, or the enemy alien submitting objections, desires to call before an Aliens Tribunal a witness or witnesses from a part of Australia other than that in which the Tribunal is sitting and it is inexpedient or impracticable for any such witness to be brought before that Tribunal, the Tribunal may either accept the evidence of any such witness on affidavit, or it may request an Aliens Tribunal or a Police, Stipendiary or Special Magistrate, sitting in the part of Australia in which any such witness is, to hear and record the evidence of any such witness, and that Tribunal or Magistrate shall then hear the evidence of the witness and shall cause that

 

evidence to be accurately recorded in writing and forward it to the first-mentioned Tribunal, together with a statement of its or his opinion as to the credence to be attached to the evidence of the witness.

(g) The record of the evidence of any witness heard and recorded in accordance with the provisions of the last preceding paragraph shall be received by the Aliens Tribunal which requested the evidence to be taken and shall be taken into consideration in determining its recommendation.

(h)A person in respect of whom an order is made shall be afforded the earliest practicable opportunity of making to the Minister representations in writing with respect thereto and shall be supplied with a copy of this regulation and of the last preceding regulation;

(i) The Chairman of an Aliens Tribunal shall, at the first meeting of the Tribunal at which the objections of a person in respect of whom an order is made are considered, so far as is compatible for securing the public safety or the defence of the Commonwealth, ensure that the objector is informed of the ground on which the order was made against him; and

(j) The Minister may at any time refer to an Aliens Tribunal for consideration or re-consideration the case of any enemy alien against whom an order has been made and the Aliens Tribunal shall, upon such consideration or re-consideration, make recommendations to the Minister as if the reference were an objection under these Regulations.

“(2.) In this regulation, ‘the Minister’ means the Minister of State for Defence or the Attorney-General.”.

Fees for Legal services.

“20b. Where, in connexion with the submission of objections by any enemy alien in pursuance of either of the last two proceeding regulations, the services of a barrister or solicitor or both are employed by the enemy alien, then:—

(a) if the services of a barrister only or of a solicitor only are employed – the barrister or solicitor, as the case may be, shall not be entitled to receive; or

(b) if the services of both a barrister and a solicitor are employed – the barrister and solicitor shall not be entitled to receive in the aggregate.

in respect of all services performed in connexion with the submission after the commencement of this regulation, fees exceeding in all a sum fixed by the Aliens Tribunal which considered the objections or in any event exceeding the sum of Fifty pounds, and, where the services of two or more persons (whether barristers or solicitors) are so employed, the portion of the total sum payable to each may be determined by the Aliens Tribunal.”.