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

STATUTORY RULES.

1943. No. 108.

 

REGULATIONS 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 Regulations under the National Security Act 1939-1940.

Dated this third day of May, 1943.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

for and on behalf of the Minister of State for Defence.

 

Amendments of the National Security (Aliens Service) Regulations.

Heading.

1. Before regulation 1 of the National Security (Aliens Service) Regulations the following heading is inserted:—

“Part I.—Preliminary.”.

2. After regulation 1 of the National Security (Aliens Service) Regulations the following regulations are inserted:—

Administration.

“1a. These Regulations shall be administered by the Minister of State for the Army.

“1b. These Regulations are divided into Parts, as follows:—

Part I.—Preliminary.

Part II.—Service of Allied Nationals in Defence Force.

Part III.—The Civil Aliens Corps.

Part IV.—Miscellaneous.”.

Definitions.

3. Regulation 2 of the National Security (Aliens Service) Regulations is amended—

(a) by inserting after the definition of “internee” the following definition:—

“ ‘member’ means a person who has been directed to serve in the Corps;”; and

 

* Notified in the Commonwealth Gazette on , 1943.

  Statutory Rules 1942, No. 39, as amended by Statutory Rules 1942, Nos. 86, 103, 355 and 502.

1773 —Price 3d. 27/16.4.1943.

 

(b) by adding at the end thereof the following definitions:—

“ ‘the Corps’ means the Civil Aliens Corps established by regulation 8 of these Regulations;

‘the Director-General’ means the Director-General of Allied Works appointed under the National Security (Allied Works) Regulations.”.

4. After regulation 5 of the National Security (Aliens Service) Regulations the following regulation is inserted:—

Aliens to report change of residence or occupation.

“5a. Every alien who is required to register for national service in pursuance of regulation 4 of these Regulations and changes his place of residence or the place or nature of his occupation, shall, within seven days after the change, either personally or in writing sent by post, furnish notification of his new place of residence or the place or nature of his new occupation to the Area Officer of the Area in which the alien registered or was liable to register under the last preceding regulation and, in the case of a change of place of residence, to the Area Officer of the Area in which the new place of residence of the alien is situated.”.

5. Regulations 6, 7 and 8 of the National Security (Aliens Service) Regulations are repealed and the following Parts inserted in their stead:—

“Part II.—Service of Allied Nationals in Defence Force.

Service of allied nationals in Defence Force.

“6.—(1.) Subject to the next succeeding sub-regulation, an Area Officer may serve, or cause to be served, personally or by post on any male allied national, not being—

(a) a male allied national exempt from service in the Defence Force; or

(b)a male allied national employed in a protected undertaking as defined by the National Security (Man Power) Regulations, other than a male allied national in respect of whom the Director-General of Man Power, or a person authorized by him to act under this paragraph, has notified the Director-General in writing that that male allied national is available for service in the Defence Force,

who has attained the age of eighteen years but has not attained the age of sixty years and is not a member of the Defence Force, a notice in accordance with a form approved by the Military Board requiring the male allied national to serve in the Military Forces.

“(2.) An Area Officer shall not serve such a notice on any allied national until the expiration of twenty-eight days from the date on which the allied national first became liable to register under regulation 4 of these Regulations.

“(3.) A notice under sub-regulation (1.) of this regulation requiring a male allied national who is employed in a protected undertaking to serve in the Military Forces shall be accompanied by a copy of the notification referred to in paragraph (b) of that sub-regulation.

 

“(4.) Upon the service of a notice referred to in sub-regulation (1.) of this regulation the allied national upon whom it is served shall be deemed to be enlisted in the Citizen Military Forces and, until discharged from those Forces, shall be subject to the Defence Act 1903-1941 and any Regulations in force thereunder to the same extent as if he were serving under Part IV. of that Act.

“Part III.—The Civil Aliens Corps.

Interpretation.

“7.—(1.) In this Part, ‘the Minister’ means the Minister of State for the Interior.

“(2.) The Minister may, by writing under his hand, authorize the Director-General to exercise any or all of the powers and functions of the Minister under this Part and the Director-General may, by writing under his hand, authorize any person to exercise any or all of the powers and functions which the Director-General is so authorized to exercise.

“(3.) An authority under this regulation shall be revocable at will and no such authority shall prevent the exercise of any power or function by the person giving the authority.

Civil Aliens Corps.

“8.—(1.) For the purposes of these Regulations, there shall be a Civil Aliens Corps which shall consist of such persons as are directed under these Regulations to serve therein.

“(2.) The Corps shall, subject to any directions of the Minister, be under the control of the Director-General.

“(3.) The members of the Corps shall be liable, subject to and in accordance with the provisions of these Regulations, to perform any service other than armed service or service in the Defence Force.

Service of certain aliens in Civil Aliens Corps.

“9.—(1.) Notwithstanding anything contained in the National Security (Man Power) Regulations, the Minister may, by order published in the Gazette or served personally or by post on the person affected, direct that any male refugee alien or male enemy alien who has attained the age of eighteen years but has not attained the age of sixty years and is not a member of the Defence Force shall serve in the Civil Aliens Corps.

“(2.) The Minister shall not direct any such alien who attains the age of eighteen years, or becomes resident in Australia, after the commencement of this regulation to serve until the expiration of twenty-eight days after the alien first became liable to register under regulation 4 of these Regulations.

“(3.) Any order under this regulation may be made applicable to any particular person or persons or to the persons included in a class of persons.

Powers of Minister in relation to Corps.

“10. The Minister shall have and may exercise such powers as are necessary for the efficient functioning of the Corps and, without limiting the generality of the foregoing, may—

(a)enter into and vary agreements providing for the use of the services of members;

(b)provide for the securing of supplies of materials, plant, tools, equipment and other goods necessary for the purposes of the Corps; and

(c) provide for the equipment, transport, accommodation and provisioning of members.

 

Terms and conditions of service.

“11.—(1.) The terms and conditions of service of members shall be such as the Minister from time to time determines.

“(2.) Any such determination may be made so as to apply—

(a) to members generally;

(b) to a particular member or particular members;

(c) to the members included in any class of members;

(d) to members in any particular part of Australia; or

(e) to members performing service in connexion with any particular undertaking.

“(3.) Any rate of pay (including subsistence allowance and dependants’ allowances) determined by the Minister in pursuance of sub-regulation (1.) of this regulation shall not exceed—

(a) the rate of pay (including subsistence allowance and dependants’ allowances) which would be payable in respect of a member of the Military Forces performing similar service; or

(b)the rate of pay which would be payable to the member for similar service under any relevant industrial award, agreement or determination,

as the Minister thinks fit.

Directions to members as to service.

“12.—(1.) The Minister, or any person authorized by him to act under this regulation, may—

(a)direct any member to perform any service except armed service or service in the Defence Force; and

(b) direct any member to proceed to, remain in or be stationed at, any camp, district, area or other place,

and the member shall comply correctly and expeditiously with the direction.

“(2.) Any direction under this regulation may be given either orally or in writing and may be applicable to any particular member or members or to the members included in a class of members.

Performance of service by members.

“13. Any member directed under the last preceding regulation to perform any service—

(a) shall not act in such a way that the correct or expeditious performance of the service might be prejudiced;

(b) shall exercise care to prevent the loss of or damage to any chattels used or intended to be used in connexion with the service;

(c) shall not act in any way which is, or might be, prejudicial to the good order and discipline of the Corps;

(d) shall comply correctly and expeditiously with all instructions and orders given to him in relation to the performance of that service by any person under whose control or supervision he is; and

(e) shall not contravene or fail to comply with any rule made under the next succeeding regulation which is applicable to him.

 

Discipline of members.

“14.—(1.) The Minister may make provision for the maintenance of good order and discipline in the Corps and generally for the management of camps where members are stationed and for the protection of the health of members.

“(2.) The Minister may make rules to be observed by members either generally or by the members stationed at any camp.

Supervision of discipline.

“15.—(1.) The Minister may, by writing under his hand, authorize any person to supervise and enforce good order and discipline in the Corps and the proper performance by members of their duties.

“(2.) Any person authorized under the last preceding sub-regulation may, if, after inquiry, he is satisfied that a member has contravened or failed to comply with any provision of regulation 13 of these Regulations or of any rule made under the last preceding regulation which is applicable to him—

(a) reprimand the member;

(b) cancel any minor leave privileges of the member for a period not exceeding twenty-eight days;

(c) suspend the member from work for a period not exceeding seven days, and, in the case of a member stationed at a camp, restrict him to the camp area for any period not exceeding seven days; or

(d) impose a fine not exceeding Two pounds.

“(3.) A member shall forfeit his pay in respect of any period during which he is suspended from work under the last preceding sub-regulation.

“(4.) The amount of any fine imposed under sub-regulation (2.) of this regulation may be deducted from any pay due to the member fined.

“(5.) Any member may appeal in writing to the Director-General from any decision under sub-regulation (2.) of this regulation and the decision of the Director-General on the appeal shall be final.

“(6.) Nothing in this sub-regulation shall affect the liability of any member to be prosecuted for an offence arising under these Regulations, but a member shall not be liable to be punished twice for the same offence.

Members not to be prejudiced in relation to their service.

“16. A person shall not act in such a way that the correct or expeditious performance of any service by a member might be prejudiced.

“Part IV.—Miscellaneous.

Evidentiary provisions.

“17.—(1.) In any prosecution for an offence arising under regulation 4, 5 or 5a of these Regulations, the averment by the prosecutor in the information or complaint that the person charged—

(a) was, on a date specified in the averment, a male alien of or above the age of eighteen years;

(b)was, on a date specified in the averment, not an alien exempt from the provisions of these Regulations;

(c) was, on or after the date of commencement of these Regulations, resident in Australia; and

 

(d)has failed to complete an application for registration in accordance with a form approved by the Military Board and to deliver or post such an application to an Area Officer when and as required so to do by these Regulations,

or as to any of those matters, shall be prima facie evidence of the matter so averred and a statutory declaration by an Area Officer that the person charged has failed—

(e) to comply with any direction given by the Area Officer to that person in pursuance of sub-regulation (2.) of regulation 5 of these Regulations; or

(f) to furnish to the Area Officer, in accordance with regulation 5a of these Regulations, notification of his new place of residence or the place or nature of his new occupation, shall, if produced out of the custody of a member of the Police Force of the Commonwealth or of a State or Territory of the Commonwealth, be admissible as evidence of the statements contained in the declaration.

“(2.) In any prosecution for an offence arising under regulation 6 of these Regulations, the averment by the prosecutor in the information or complaint that, on a date specified in the averment, the person charged—

(a) was a male allied national who had attained the age of eighteen years but had not attained the age of sixty years;

(b) was not serving in the Defence Force;

(c) was not a person exempt from service in the Defence Force and—

(i) was not employed in a protected undertaking as defined by the National Security (Man Power) Regulations; or

(ii) was so employed but was a person in respect of whom a notification under paragraph (b)of sub-regulation (1.) of regulation 6 of these Regulations has been given to the Director-General; and

(d) was duly served with a notice under regulation 6 of these Regulations,

or as to any of those matters, shall be prima facie evidence of the matter so averred.

“(3.) In any prosecution for an offence arising under regulation 12 or 13 of these Regulations, the averment by the prosecutor in the information or complaint that, on a date specified in the averment—

(a) the person charged was a member of the Civil Aliens Corps;

(b) any person was a person authorized to act under regulation 12 of these Regulations; and

(c) the person charged was under the control or supervision of any person,

or as to any of those matters, shall be prima facie evidence of the matter so averred.

 

Certain persons not deemed to be members of Defence Force.

“18. For the purposes of these Regulations, a person who has been enlisted in the Defence Force but—

(a) has not been required to serve as a member thereof; or

(b) is not for the time being allotted to a unit or to a General Details Depot,

shall be deemed not to be a member of the Defence Force.”.

Certain proceedings not to lie.

6. No action, suit or other proceeding shall be against the Commonwealth, against any Minister, or against any officer, servant or agent of the Commonwealth, at the suit of any male refugee alien (as defined by the National Security (Aliens Service) Regulations) by reason of the fact that, prior to the commencement of this regulation, the refugee alien was directed to perform any service under the National Security (Aliens Service) Regulations before he had received notice of the acceptance or refusal of an offer made by him to serve in any part of the Naval, Military or Air Forces of the Commonwealth and all refugee aliens directed to perform any such service shall be deemed to have been lawfully directed to perform service in accordance with those Regulations.

 

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