National Security (Change of Name) Regulations (Cth)

STATUTORY RULES.

1940. No. 35.

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REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939.*

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.

Dated this fourteenth day of February, 1940.

Governor-General.

By His Excellency’s Command,

Minister of State for Defence Co-ordination.

 

National Security (Change of Name) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Change of Name) Regulations.

Definitions.

2. In these Regulations, unless the contrary intention appears— “enemy alien” means a person who, not being—

(a) a British subject; or

(b) a person who is, by reason of a declaration made under section 18a of the Nationality Act 1920-1936, entitled, while in Australia or any Territory of the Commonwealth, to all political and other rights, powers and privileges to which a natural-born British subject is entitled,

possesses the nationality of a State at war with His Majesty;

“naturalized subject of enemy origin” means any person who—

(a) has become a British subject by naturalization in any part of His Majesty’s dominions; and

(b)at any time previous to his naturalization was a subject of any State now at war with His Majesty,

but does not include a woman who has become naturalized by marriage to a natural-born British subject.

Enemy Aliens and naturalized subjects of enemy origin prohibited from changing names.

3.—(1.) An enemy alien or a naturalized subject of enemy origin shall not, without the consent in writing of the Minister of State for the Army, for any purpose assume or use, or purport to assume or use, or continue the assumption or use of, any name other than that by which he was ordinarily known on the third day of September, 1939.

 

* Notified in the Commonwealth Gazette on , 1940.

6151.—8/17.1.1940.—Price 3d.

(2.) Where an enemy alien or a naturalized subject of enemy origin carries on, or purports or continues to carry on, or is a member of a partnership or firm which carries on, or purports or continues to carry on, any trade or business under any name other than that under which the trade or business was carried on on the third day of September, 1939, he shall, for the purposes of this regulation, be deemed to be using or purporting or continuing to use a name other than that by which he was ordinarily known on that date.

Deed poll not to be accepted.

4. A deed poll or other document by which a name is assumed or declared to be assumed in substitution for a name to which these Regulations apply shall not be accepted for filing in any State or Territory of the Commonwealth unless evidence is produced to the registrar or other proper officer that consent has, in pursuance of regulation 3 of these Regulations, been given to the assumption.

No change of name to be published.

5. A person shall not publish or cause to be published any notification of the assumption of a name in substitution for a name to which these Regulations apply unless consent has, in pursuance of regulation 3 of these Regulations, been given to the assumption.

Certain names not affected.

6. Nothing in these Regulations shall affect—

(a) the right of any woman to use a name acquired upon a marriage solemnized on or after the third day of September, 1939;

(b)the assumption and use of a new surname pursuant to a Royal licence in that behalf;

(c) the assumption and use of a name by a child in respect of whom an adoption order has been made in pursuance of any law of a State or Territory of the Commonwealth;

(d) the assumption and use of a name by any person in conformity with the usage of a religious order upon entry into the order;

(e) the assumption and use of a new Christian name upon administration of the rite of confirmation;

(f) the assumption and use of a name by or for an infant consequent upon the registration of such name after the registration of the birth in pursuance of any law of a State or Territory of the Commonwealth; or

(g)the assumption by or for a person who has not attained the age of sixteen years and the use by or for such person of a surname consequent upon registration, in pursuance of any law of a State or Territory of the Commonwealth relating to legitimation, of particulars of the birth of such person.

 

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