National Security (Allied Forces) Regulations (Cth)

STATUTORY RULES.

1941. No. 302.

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 seventeenth day of December, 1941.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

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

———

National Security (Allied Forces) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Allied Forces) Regulations.

Administration.

2. These Regulations shall be administered by the Minister of State for Defence Co-ordination.

Law applicable to allied forces.

3.—(1.) Where any naval, military or air forces of any foreign Power allied or associated with His Majesty in any war in which His Majesty is engaged are for the time being present in Australia or on board any of His Majesty’s Australian ships or aircraft, the naval, military and air force courts and authorities of the Power may, subject to the provisions of these Regulations, exercise within Australia or on board any such ship or aircraft in relation to members of those forces, in matters concerning discipline and internal administration, all such powers as are conferred upon them by the law of that Power.

(2.) Where any foreign authority is recognized by His Majesty as competent to maintain naval, military or air forces for service in association with His Majesty’s forces, that authority may by order made with the concurrence of the Minister of State for the Navy, the Minister of State for the Army or the Minister of State for Air, as the

* Notified in the Commonwealth Gazette on , 1941.

8152.—20/15.12.1941.—Price 3d.

case may be, confer, whether by reference to the present or former national law of the authority or otherwise, upon naval, military or air force courts and authorities constituted in accordance with the order, all such powers as are necessary to secure the discipline and internal administration of any forces so maintained which are for the time being present in Australia or on board any ship or aircraft serving in association with the naval, military or air forces of the Commonwealth or on board any of His Majesty’s Australian ships or aircraft.

Saving of jurisdiction of civil courts.

(3.) The Governor-General may, by order published in the Gazette, provide for the application to any such naval, military or air forces as are mentioned in sub-regulations (1.) and (2.) of this regulation, subject to such adaptations, modifications and exceptions as are provided by the order, of sub-sections (2.) to (6.) of section six, and of sections seven, eight and ten of the Defence (Visiting Forces) Act 1939.

4.—(1.) Nothing in the last preceding regulation shall affect the jurisdiction of any civil court of the Commonwealth or of any State or Territory of the Commonwealth, to try a member of any of the naval, military or air forces mentioned in that regulation for any act or omission constituting an offence against the law of the Commonwealth or of that State or Territory, as the case may be.

(2.) If a person sentenced by a court exercising jurisdiction by virtue of the last preceding regulation to punishment for an offence is afterwards tried by any such civil court in respect of any act or omission which constituted that offence, the civil court shall, in awarding punishment in respect of that act or omission, have regard to any punishment imposed on him by that sentence.

Application of Naval Discipline Act, Army Act and Air Force Act to Allied Forces, &c.

(3.) A court shall not have jurisdiction by virtue of the last preceding regulation to try any person for any act or omission constituting an offence for which he has been acquitted or convicted by any such civil court.

5.—(1.) For the purpose of securing effective co-operation between the naval, military and air forces of the Commonwealth and the forces of any such allied Power or foreign authority as is mentioned in regulation 3 of these Regulations, the Governor-General may, by order published in the Gazette, provide for the application of the Naval Discipline Act, the Army Act or the Air Force Act, as the case may be, to members of any of the forces of that Power or authority, subject to such adaptations, modifications and exceptions as may be provided by the order, and, without prejudice to the generality of the foregoing provision, the order may modify the procedure for the trial and punishment under these Acts of offences committed by members of the forces of the allied Power or foreign authority and may in particular provide for enabling courts-martial trying those offences to comprise officers of those forces as well as officers of the naval, military and air forces of the Commonwealth.

(2.) Any order made under this regulation may make provision for securing that—

(a)a member of the forces of the allied Power or foreign authority shall not be punished both under the Naval Discipline Act, the Army Act or the Air Force Act, as the case may be, and by virtue of regulation 3 of these Regulations for the same offence; and

 

(b)in the case of offences which may be punished either under the Naval Discipline Act, the Army Act or the Air Force Act, as the case may be, or by virtue of regulation 3 of these Regulations, or in the case of such of those offences as are specified in the order, proceedings shall not be taken by virtue of regulation 3 of these Regulations without the consent of such authority as is appointed by the Minister of State for the Navy, the Minister of State for the Army, or the Minister of State for Air, as the case may be.

(3.) In this regulation—

“the Army Act” means the Imperial Act called the Army Act and any Acts amending or in substitution for it and for the time being in force;

“the Air Force Act” means the Imperial Act called the Air Force Act and any Acts amending or in substitution for it and for the time being in force;

“the Naval Discipline Act” means the Imperial Act called the Naval Discipline Act and any Acts amending or in substitution for it and for the time being in force.

 

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