National Security (Allied Forces) Regulations (Amendment) (Cth)
STATUTORY RULES.
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 twenty-seventh day of May, 1942.
GOWRIE
Governor-General.
By His Excellency’s Command,
JOHN CURTIN
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:—
“
6.—(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 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, the member shall be handed over to him and 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.
“(2.) For the purposes of the trial of the member by the appropriate naval or military court constituted in accordance with the law of the United States of America, the Convening Officer, the President and the Trial Judge-Advocate of that court shall have the
*
Notified in the
Statutory Rules 1941, No. 302.
3410.—Price 3d.
same powers of summoning witnesses not subject to Military Law and requiring them to produce documents and give evidence as the like officers of a naval or military court of the Commonwealth would have in the case of a trial of a member of the Defence Force.
“(3.) A summons issued in pursuance of the last preceding sub-regulation by the Convening Officer or the President or Trial Judge-Advocate of the appropriate naval or military court of the United States of America may be served in the same manner as a summons issued by the like officer of a naval or military court of the Commonwealth for the purposes of the trial of a member of the Defence Force by that Court, and may be served by a constable or Commonwealth officer or by a member of the United States Forces in Australia.
“(4.) A person who has been lawfully summoned to attend a naval or military court of the United States of America in pursuance of this regulation to give evidence or produce documents and has been paid or tendered reasonable expenses of his attendance, or who is before the court, shall not, without, just cause (proof whereof shall lie upon him)—
(
a ) disobey the summons so to attend;(
b ) refuse to be sworn as a witness;(
c ) refuse or fail to answer any question relevant to the matter before the court which he is required by the court to answer;(
d ) refuse or fail to produce any document relevant to the matter before the court which he is required by the court to produce; or(
e ) be guilty of contempt of the court.
“(5.) In this regulation—
‘member of the United States Forces in Australia’ means a member of the naval or military forces of the United States of America (including the air arms of those forces) for the time being present in Australia or on board any of His Majesty’s Australian ships or aircraft; and
‘the appropriate officer of the United States Forces’ means—
(
a ) the officer in command of the unit to which the arrested or detained member of the United States Forces belongs, or(
b ) the officer in command of the unit of the United States Forces for the time being stationed nearest to the place where the member of the United States Forces is detained.”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
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