National Security (Allied Forces) Regulations (Amendment) (Cth)
STATUTORY RULES.
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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
Dated this twentieth day of October 1942.
(Sgd.) Gowrie.
Governor-General.
By His Excellency’s Command,
(Sgd.) J. B. Chifley.
for and on behalf of the Minister of State for Defence.
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Amendment of the National Security (Allied Forces) REGULATIONS.
Regulation 6 of the National Security (Allied Forces) Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—
“(1.) Notwithstanding anything contained in regulation 4 of these Regulations, where any member of the United States Forces in Australia is arrested or detained on a charge of having committed, or is summoned, charged or otherwise proceeded against for having committed, an offence against the law of the Commonwealth or of any State or Territory of the Commonwealth, the appropriate officer of the United States Forces shall be notified and, if he so requests—
(
a )if the member has been so arrested or detained, the member shall be handed over to him; or(
b ) if the member has been so summoned, charged or otherwise proceeded against, further proceedings in respect of the offence shall be stayed,
and the member shall thereupon cease to be subject to the jurisdiction of the Criminal Courts in Australia, and the appropriate Naval or Military Court constituted in accordance with the law of the United States of America applicable to the United States Forces in Australia may exercise in relation to the member such powers as are conferred upon it by that law.”.
*
Notified in the
Statutory Rules 1941, No. 302, as amended by Statutory Rules 1942, Nos. 241, 251 and 371.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
7581.—Price 3d. 20/19.10.1942.
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