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

STATUTORY RULES.

1944. No. 161.

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REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1943.*

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the National Security Act 1939-1943.

Dated this eighth day of November, 1944.

W. DUGAN

Administrator.

By His Excellency’s Command,

J. S. COLLINGS

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

 

Amendments ofthe National Security (Allied Works) Regulations. 

1. After regulation 6a of the National Security (Allied Works) Regulations the following regulation is inserted:—

Disposal of requisitioned property.

“6b.—(1.) Where any property has been requisitioned in pursuance of regulation 6 of these Regulations, the Director-General may, if he considers that the requisitioning is no longer necessary, revoke the requisitioning.

“(2.) Where any requisitioning is revoked, the Director-General may serve upon the owner or other person from whose possession the property was taken or received notice that it is intended to return the property to him and requiring him to take possession of the property at such time and place as are specified in the notice.

“(3.) If the owner or other person or his personal representative does not take possession of the property in accordance with the notice, the Director-General may, upon the expiration of fourteen days after the date specified in the notice as the date on which possession was required to be taken, or such extended period as the Director-General, upon application in writing within that period of fourteen days, allows,

 

* Notified in the Commonwealth Gazette on 10th November, 1944.

  Statutory Rules 1942, No. 88, as amended by Statutory Rules 1942, Nos. 170, 384 and 435; 1943, Nos. 77, 97 and 100; and 1944, No. 17.

6436.—Price 3d.

and after a suitable advertisement of the proposed sale is published in a daily newspaper circulating in the State or Territory of the Commonwealth in which the property was taken or received, sell the property by public auction or by tender, and the proceeds of the sale, after deducting any expenses incidental to the sale, shall be paid to the owner of the property or to such other person as appears to the Director-General to be entitled to receive them.

“(4.) After the expiration of the period of fourteen days specified in the last preceding sub-regulation, or of any extension of that period, the Commonwealth or any person having the charge or possession of the property in consequence of the requisitioning shall not be liable for any loss or deterioration of, or damage to, the property, howsoever arising.

“(5.) A notice under sub-regulation (2.) of this regulation may be served by posting the notice as a registered letter addressed to the owner, or other person from whose possession the property was taken or received, at his last-known place of abode or business or, if the name or address of that owner or other person is unknown, by publishing the notice (which need not, if it adequately identifies the property, refer by name to the person to whom it is addressed) in a daily newspaper circulating in the State or Territory of the Commonwealth in which the property was taken or received.

“(6.) A notice purporting to be served on a person in pursuance of sub-regulation (2.) of this regulation shall not be invalidated by reason of the fact that the person to whom the notice is addressed is dead.”.

Delegation by Director-General.

2. Regulation 7 of the National Security (Allied Works) Regulations is amended by adding at the end thereof the following sub-regulation:—

“(3.) Where under these Regulations the exercise of any power or function by the Director-General is dependent upon the opinion, belief or state of mind of the Director-General in relation to any matter, that power or function may be exercised by the delegate upon the opinion, belief or state of mind of that delegate.”.

Establishment of Civil Constructional Corps.

3. Regulation 9 of the National Security (Allied Works) Regulations is amended by inserting, after sub-regulation (1.), the following sub-regulation:—

“(1a.) Every person who volunteers and is accepted for service in the Corps shall serve in the Corps in like manner as if he had been directed to serve in the Corps in pursuance of sub-regulation (2.) of this regulation until discharged or released from service by or on behalf of the Director-General.”.

Attachment of pay of members.

4. Regulation 11b of the National Security (Allied Works) Regulations is amended by omitting sub-regulation (10.) and inserting in its stead the following sub-regulation:—

“(10.) In this regulation—

‘member’ (wherever occurring, except in sub-regulation (9.)) includes a person employed in pursuance of these Regulations;

‘the Paying Officer’ means—

(a)in relation to members of the Corps serving in any State or part of the Commonwealth, the person who for the time being has the control and management of the Corps in that State or part; and

(b)in relation to persons employed in pursuance of these Regulations in any State or part of the Commonwealth, the Paymaster so employed in that State or part.”.

Service of notices, directions, &c.

5. Regulation 15 of the National Security (Allied Works) Regulations is amended by inserting, after the word “notice”, the words “(other than a notice under regulation 6b of these Regulations)”.

 

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