National Security (Aliens Service) Regulations (Cth)

STATUTORY RULES.

1942. No. 39.

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 February. 1942.

GOWRIE

Governor-General.

By His Excellency’s Command,

F. M. FORDE

for and on behalf of the Minister of State for Defence Co-ordination.

 

National Security (Aliens Service) Regulation.

Citation.

1. These Regulations may be cited as the National Security (Aliens Service) Regulations.

Definitions.

2. In these Regulations unless the contrary intention appears—

“alien” means any person over the age of sixteen years other than a person who is British subject within the meaning of the Nationality Act 1920-1936;

“allied national” means a national of any country which is or may be allied or associated with His Majesty in any war in which His Majesty is or may be engaged;

“Area Officer” means an Area Officer as defined by regulation 3 of the Australian Military Regulations;

“enemy alien” means a person who, not being a British subject, possesses the nationality of a State at war with His Majesty;

“enemy territory” means—

(a) any area which is under the sovereignty of a Power with which His Majesty is for the time being at war, not being an area in the occupation of His Majesty or of a Power allied with His Majesty; or

(b) any area which is in the occupation of a Power with which His Majesty is for the time being at war.

 

* Notified in the Commonwealth Gazette on 3rd February, 1942

901.—Price 3d

 

“internee” means an internee as defined in regulation 3 of the National Security (Internment Camps) Regulations;

“neutral alien” means an alien who is a subject of a neutral country;

“prisoner of war” means a prisoner of war as defined in regulation 2 of the National Security (Prisoners of War) Regulations;

“refugee alien” means an alien who has no nationality, or whose nationality is uncertain, or who is an alien enemy, in respect of whom the Minister of State for the Army, or a person authorized by that Minister to act on his behalf, is satisfied—

(a) that the alien was forced to emigrate from enemy territory on account of actual or threatened religious, racial or political persecution, and

(b) that he is opposed to the regime which forced him to emigrate.

Certain aliens exempt from Regulations.

3.—(1.) The following aliens shall be exempt from the provisions of these Regulations:—

(a) Any member of the Defence Force of the Commonwealth or of the naval, military or air forces of the United Kingdom or of any other part of His Majesty’s dominions or of any Allied or other foreign force serving in association with His Majesty’s armed forces;

(b) Any diplomatic or consular representative of a foreign country, and any member of the staff of any such representative who has been sent, to Australia by the Government of the country represented, and the wife of any such representative or member;

(c) The master and crew of any public vessel or aircraft of the Government of a country with which His Majesty is at peace; and

(d) prisoners of war and internees.

(2.) The Minister may, by order, direct that any person or class of persons shall be exempt, either unconditionally or subject to such conditions as are specified in the order, from all or any of the provisions of these Regulations, or of any order made in pursuance of these Regulations.

Aliens to register.

4. —(1.) Every male alien of or above the age of eighteen years (not being an alien who is exempt from the provisions of these Regulations) who, on or after the date of the commencement of these Regulations, is resident in Australia, shall register himself for national service in accordance with the provisions of these Regulations.

(2.) For the purposes of this regulation, an alien shall be deemed to be resident in Australia if his home is in Australia, or he remains in Australia for a continuous period of one month.

 

Method of registration.

5.—(1.) An alien who is required to register for national service in pursuance of these Regulations shall within seven days from the date when he first becomes liable to register, complete an application for registration in accordance with a form approved by the Military Board, and deliver or post the application to the Area Officer of the Area in which the alien is then residing.

(2.) If so directed by notice in writing by the Area Officer, the alien shall—

(a) attend in person before the Area Officer at such time and place as is stated in the notice;

(b) produce to that Officer his certificate of registration under the National Security (Aliens Control) Regulations;

(c) furnish to that Officer such information as that Officer may require, and

(d) submit himself to such medical examination at such times and places as that Officer may direct.

(3.) Each Area Officer shall—

(a) keep a register of aliens in such form as the Military Board directs;

(b) enter in the register such particulars regarding each alien who applies to him for registration under these Regulations as the Military Board directs; and

(c) issue a certificate of registration under these Regulations, in a form approved by the Military Board, to the alien.

Aliens volunteering for service to notify Area Officer.

6. Any alien who, at any time within fourteen days from the date when he first becomes liable to register, volunteers for service in the naval, military or air forces of the Commonwealth shall forthwith deliver or post to the Area Officer to whom his application was delivered or posted a notification in writing stating—

(a) the date upon which he volunteered,

(b) the service for which he volunteered, and

(c) the place at which he volunteered.

Service by Allied nationals.

7.— (1.) An Area Officer may, by notice in a form approved by the Military Board, require any male allied national under the age of sixty years who has not, within fourteen days after he first became liable to register, volunteered and been accepted for service in any part of the naval, military or air forces of the Commonwealth, to enlist and serve in the Citizen Military Forces.

(2.) Any allied national to whom a notice is sent in pursuance of the last preceding sub-regulation shall, within the time specified in that notice, enlist and serve as directed, but shall not be required to take and subscribe an oath or affirmation of enlistment in accordance with the form set forth in the Third Schedule to the Defence Act 1903-1941.

(3.) Subject to the provisions of these Regulations, the provisions of the Defence Act 1903-1941 and any regulations made under that Act shall apply to aliens enlisted in the Citizen Military Forces in pursuance of these Regulations as if they were British subjects.

 

Service by refugee aliens.

8.— (1.) The Minister of State for the Army may direct that any male refugee alien under the age of sixty years who has not, within fourteen days after he first became liable to register, volunteered and been accepted for service in any part of the naval, military or air forces of the Commonwealth shall perform such service in Australia as is directed by the Minister of State for Labour and National Service, not being service as a member of any armed forces, but being service which the refugee alien is, in the opinion of the Minister of State for Labour and National Service, capable of performing.

(2.) The Minister for Labour and National Service, or any person authorized in writing by him to act on his behalf, may enter into agreements with State instrumentalities, local government authorities and private persons (including companies and firms) for the employment of refugee aliens.

(3.) The rate payable in respect of the services of any refugee alien under any such agreement shall not be less than the rate of pay fixed under any relevant industrial award, agreement or determination, and all amounts payable in respect of such services shall be paid to the Commonwealth in such manner as is specified in the agreement.

(4.) The Minister for Labour and National Service may, by order, determine the rates of remuneration to be paid by the Commonwealth to refugee aliens (whether or not an agreement in relation to their services has been entered into in pursuance of sub-regulation (2.) of this regulation) in respect of services performed by them in pursuance of this regulation, and may provide for portion of the remuneration to be paid to their dependants:

Provided that the rates payable in respect of the services of any alien shall not exceed the aggregate rate of pay, subsistence allowance and dependants’ allowance which would be payable if the refugee alien were a member of the Australian Military Forces performing similar work.

(5.) Where the rate of remuneration determined by the Minister in pursuance of the last preceding sub-regulation is less than the rate payable in pursuance of any agreement made in pursuance of sub-regulation (2.) of this regulation, the difference between those rates shall be paid into such fund as the Minister of State for Labour and National Service determines.

(6.) Where a refugee alien performs services for the Commonwealth, and the rate determined by the Minister of State for Labour and National Service under sub-regulation (4.) of this regulation is less than the rate fixed for such work under any relevant industrial award, agreement or determination, the difference shall be paid by the Commonwealth into such fund as the Minister directs.

 

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