National Security (Allied Forces) Regulations (Amendment) (Cth)

STATUTORY RULES.

1942. No. 371.

 

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-fifth day of August, 1942.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

H. V. EVATT

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

––––––

Amendment of the National Security (Allied Forces) Regulations.

The National Security (Allied Forces) Regulations are amended by adding at the end thereof the following regulation:—

Limitation of power of courts to order release of certain persons.

“7.—(1.) Where the Minister of State for External Affairs or the Secretary, Department of External Affairs certifies—

(a)that a foreign power, specified in the certificate, is a foreign power allied or associated with His Majesty in a war in which His Majesty is engaged, the territories of which are temporarily occupied (wholly or in part) by the enemy, or that a committee or authority is a committee or authority which is assisting His Majesty in the conduct of the war and representing countries temporarily so occupied or representing Fighting France;

 

* Notified in the Commonwealth Gazette on , 1942.

  Statutory Rules 1941, No. 302, as amended by Statutory Rules 1942, Nos. 241 and 251.

6132.—Price 3d. 20/24.8.42

 

(b)that a ship, so specified, is a ship of war belonging to or under the control of that foreign power, committee or authority; and

(c) that a person, so specified, is serving on that ship and is under an obligation to serve on that ship,

the certificate shall be conclusive evidence in all Federal courts and courts of a State or Territory of the Commonwealth, of the facts stated therein, and no judgment, decree or order providing for, or directing or requiring, the release of that person from custody, or from service in that ship, shall be made by any such court.

(2.) Every such court shall take judicial notice of the signature of the Secretary, Department of External Affairs if the signature purports to be attached or appended to any such certificate.”.

 

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