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

STATUTORY RULES.

1944. No. 17.

 

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1943.*

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 1939-1943.

Dated this nineteenth day of January, 1944.

GOWRIE

Governor-General.

By His Excellency’s Command,

J. S. COLLINGS

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

 

Amendments of the National Security (Allied Works) Regulations.

General functions of Director-General.

1. Regulation 5 of the National Security (Allied Works) Regulations is amended by omitting paragraph (a) and inserting in its stead the following paragraph:—

“(a) the carrying out of works of whatever nature required for war purposes by Allied Forces in Australia, or for securing the public safety, the defence of the Commonwealth and the Territories of the Commonwealth, or for the efficient prosecution of any war in which His Majesty is or may be engaged”.

Special powers of Director-General.

2. Regulation 6 of the National Security (Allied Works) Regulations is amended—

(a) by inserting in paragraph (d), before the word “requisition”, the words “by order in writing,”; and

(b) by adding at the end thereof the following sub-regulation:—

“(2.) The Director-General shall, in relation to matters arising under these Regulations, be deemed to be a Chief Officer for the purposes of the Treasury Regulations”.

 

* Notified in the Commonwealth Gazette on 24th January, 1944.

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

7563.—Price 5d.

 

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

Compensation.

“6a.—(1.) Subject to this regulation, the provisions of regulations 60d to 60m (inclusive), except regulation 60h, of the National Security (General) Regulations, and of the rules in force thereunder, shall apply in relation to things done in pursuance of paragraph (d) of the last preceding regulation in like manner as if that regulation were a regulation specified in sub-regulation (1.) of regulation 60d of the National Security (General) Regulations.

“(2.) For the purposes of this regulation, references to ‘the Minister’ in the regulations and rules applied by this regulation, other than the first such reference in regulation 60m, shall be deemed to be references to the Minister of State for the Interior”.

(2.) In relation to any property which has been requisitioned or compulsorily acquired before the commencement of these Regulations in pursuance of paragraph (d) of regulation 6 of the National Security (Allied Works) Regulations, claims may be made in pursuance of regulation 60d of the National Security (General) Regulations within two months after the commencement of these Regulations or within such further time as the Minister of State for the Interior allows, but no such claim shall, except with the consent of that Minister, be made by any person—

(a) to whom any sum has been paid as full compensation in respect of his interest in that property and who has accepted that payment without expressly reserving a right to claim further compensation; or

(b) who has agreed to accept any sum as full compensation in respect of his interest in that property.

Establishment of Civil Constructional Corps.

4. Regulation 9 of the National Security (Allied Works) Regulations is amended—

(a) by inserting in sub-regulation (2.), after the word “member” (second occurring), the words “by virtue of his membership of a trade union”; and

(b) by inserting after sub-regulation (2.) the following sub-regulations:—

“(2a.) The Director-General, or any person authorized by him to act under this regulation, may, in writing, direct any person to whom this regulation applies to attend at any specified place for the purpose of being interviewed with a view to his service in the Corps, or for the purpose of his undergoing a medical examination as to his fitness to serve in the Corps, and every person so directed shall comply with the direction and shall answer such questions as are put to him, or submit himself to medical examination, as the case requires.

“(2b.) Where the employment by any employer of a person who has been a member of the Corps is continuous with the service of that person with the Corps and with

the prior employment of that person by that employer, then, for the purpose of determining the rights of that person, as against his employer, in respect of—

(a) annual leave for recreation;

(b) leave on the ground of illness;

(c) long service leave or pay in lieu thereof (including pay to dependants on the death of the person); and

(d) superannuation or pension (whether for himself or his dependants),

the continuity of the employment of that person by that employer shall not be deemed to have been broken by his absence from employment during any period between the date upon which he was accepted for service in the Corps or was directed to serve in the Corps, as the case may be, and the date upon which he resumes his employment (not being a date more than twenty-eight working days after the cessation of the service of that person with the Corps), but the period of that service shall not, by reason only of this regulation, be reckoned as part of the period of the employment of that person by that employer.”.

5. After regulation 11a of the National Security (Allied Works) Regulations the following regulation is inserted:—

Attachment of pay of members.

“11b.—(1.) Where judgment has been given by any court against any member for the payment of any sum of money, the person in whose favour the judgment is given may serve on the Paying Officer a copy of the judgment, certified under the hand of the Registrar or other proper officer of the court by which the judgment was delivered, and a statutory declaration stating that the judgment has not been satisfied by the judgment debtor, and setting out the amount due by the judgment debtor under the judgment.

“(2.) Upon the service upon him of a copy of a judgment and a statutory declaration in pursuance of this regulation, the Paying Officer shall as soon as practicable notify the judgment debtor in writing of the service of the copy judgment and statutory declaration, and require him to state in writing, within a time to be specified by the Paying Officer, whether the judgment has been satisfied, and, if so, to furnish evidence in support thereof, and, if the judgment has not been satisfied, to state the amount then due under the judgment.

“(3.) If the member fails to prove to the satisfaction of the Paying Officer, within the time specified by the Paying Officer, that the judgment has been satisfied, the Paying Officer may from time to time deduct from any moneys due to the member (including moneys payable to any person to whom he has made an allotment) such sums as he thinks fit towards satisfaction of the judgment, and shall pay those sums to the judgment creditor:

Provided that in no case shall a deduction be made which will reduce the amount to be received by the member (including the amounts to be paid to any person to whom he has made an allotment) to less than Three pounds per week, or to less than one-third of the amount

which would, but for the provisions of this regulation, be payable to the member (including the amount which would, but for those provisions, be payable to any person to whom he has made an allotment), whichever is the greater.

“(4.) Where more than one judgment and statutory declaration are served upon a Paying Officer in respect of one judgment debtor, the judgments shall be satisfied in the order in which copies of the judgments are served upon the Paying Officer.

“(5.) A payment made to a judgment creditor in pursuance of this regulation shall, as between the Commonwealth and the member, be deemed to be a payment by the Commonwealth to the member.

“(6.) A person to whom any payment has been made in pursuance of this regulation shall notify the Paying Officer immediately a judgment debt in respect of which the payment was made is satisfied.

“(7.) If any payment made in pursuance of this regulation exceeds the amount due under the judgment, the excess shall be repayable by the judgment creditor to the judgment debtor, and, in default of payment, may be recovered by the judgment debtor from the judgment creditor in any court of competent jurisdiction.

“(8.) The foregoing provisions of this regulation shall not apply in relation to any member whose estate the Paying Officer is satisfied has been sequestrated either voluntarily or compulsorily for the benefit of his creditors, and who has not yet obtained a certificate of discharge.

“(9.) This regulation shall not apply in relation to a judgment in respect of the liability of a member under a contract or agreement made prior to the date on which the member became engaged on service in the Corps unless there is served on the Paying Officer a copy of an order of the court by which the judgment was given, made in pursuance of the National Security (War Service Moratorium) Regulations as applied and construed by these Regulations, duly certified under the hand of the Registrar or other proper officer of the court, granting leave to proceed to execution on, or otherwise to the enforcement of, the judgment.

“(10.) In this regulation ‘the Paying Officer’ means, in relation to members 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”.

Protection to members of Corps.

6. Regulation 17 of the National Security (Allied Works) Regulations is amended—

(a) by inserting in sub-regulation (1.) after the word “Corps” (first occurring), the words “(but not to persons who have been members of the Corps); and

(b) by omitting sub-regulation (2.) and inserting in its stead the following sub-regulations:—

“(2.) The last preceding sub-regulation shall not be deemed to extend the application of Part V. of the National Security (War Service Moratorium) Regulations to or in relation to any member of the Corps who is not required, by reason of his service in the Corps, to live in premises other than premises occupied by him, or

 

by a member of the household to which he belongs, as a home, or to any parent or female dependant of any such member.

“(3.) In the application, to or in relation to members of the Corps or to the parents or female dependants of persons who are or have been members of the Corps, of the provisions of the National Security (War Service Moratorium) Regulations, those Regulations shall be read as if—

(a) the definitions in regulation 5 thereof of ‘member of the Forces’ and ‘war service’ were omitted;

(b) the definitions in regulation 28a thereof of ‘discharged member of the Forces’, ‘member of the Forces’ and ‘war service’ were omitted;

(c) the words ‘discharged member of the Forces’ were omitted from the definition of ‘protected person’ in regulation 28a thereof;

(d) any reference therein to a member of the Forces or to a member were a reference to a member of the Corps;

(e) any reference therein to war service were a reference to service in the Corps; and

(f) any reference therein to the commencement thereof were a reference to the ninth day of October, 1942.”.

 

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

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