National Security (Conscientious Objectors) Regulations (Amendment) (Cth)

STATUTORY RULES.

1943. No. 162.

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 nineteenth day of June, 1943.

(SGD.) GOWRIE

Governor-General.

By His Excellency’s Command,

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

———

Amendments of the National Security (Conscientious Objectors) Regulations.

Definitions.

1. Regulation 4 of the National Security (Conscientious Objectors) Regulations is amended—

(a) by adding at the end of the definition “competent court of summary jurisdiction” the words “, or a magistrate as defined in section 5 of the Court of Petty Sessions Ordinance 1930-1940 of the Australian Capital Territory”; and

(b) by inserting after the definition of “conscientious belief” the following definition:—

“‘the appropriate Court’ means a District Court, County Court or Local Court of Full Jurisdiction in the State or Territory of the Commonwealth in which the applicant, or the person whose registration or enrolment is to be reviewed, is residing or, if there is no such Court, the Supreme Court of the State or Territory of the Commonwealth in which the applicant or that person is residing;”.

Order to be made on application.

2. Regulation 8 of the National Security (Conscientious Objectors) Regulations is amended—

(a) by inserting in sub-regulation (1.), after the word “wrong”, the words “for him”;

(b) by omitting from that sub-regulation the word “either”;

* Notified in the Commonwealth Gazette on , 1943.

 Statutory Rules 1942, No. 80, as amended by Statutory Rules 1942, No. 307.

487.—Price 3d. 25/30.3.1943.

(c) by inserting at the beginning of paragraph (c) of that sub-regulation the words “in any case to which paragraph (a) of this sub-regulation applies—”; and

(d) by inserting at the beginning of paragraph (d)of that sub-regulation the words “in any case to which paragraph(b) of this sub-regulation applies—”.

3.—(1.) Regulation 9 of the National Security (Conscientious Objectors) Regulations is repealed and the following regulation inserted in its stead:—

Appeals.

“9.—(1.) An applicant for registration or enrolment as a conscientious objector who is aggrieved by any order of a court of summary jurisdiction, or the Minister, or a person authorized by the Minister to act on his behalf under this regulation, if he considers it necessary, may, within fourteen days after the date of the order, appeal to the appropriate court by filing a notice of appeal in accordance with sub-regulation (3.) of this regulation.

“(2.) Where a notice of appeal is filed outside the time allowed by sub-regulation (1.) of this regulation, the appropriate court may entertain the appeal if it is satisfied that, by reason of special circumstances, the delay was reasonable.

“(3.) A notice of appeal under sub-regulation (1.) of this regulation shall be in accordance with Form 2 in the Schedule and shall be filed with the Registrar, Prothonotary or other proper officer of the appropriate court and a copy thereof posted or delivered by the appellant to the Area Officer of the Area in which the applicant is residing or to the applicant, as the case may be, not less than seven days before the date of the hearing of the appeal.

“(4.) The jurisdiction of the appropriate court under this regulation may be exercised by a magistrate or a single Judge sitting in chambers and shall be by way of rehearing.”.

(2.) Any appeal instituted or purporting to have been instituted in accordance with regulation 8 of Statutory Rules 1942, No. 80, which is pending at the commencement of this regulation may be continued, and shall be dealt with as if it were an appeal duly made in pursuance of the regulation inserted by sub-regulation (1.) of this regulation.

(3.) In any case in which, if this regulation had come into operation on the 23rd day of February, 1942, the Minister or any person would at any time have had a right of appeal from any order, the provisions of the regulation inserted by sub-regulation (1.) of this regulation shall apply as if the order had been made on the date of the commencement of this regulation unless—

(a) an appeal from the order has been instituted and—

(i) the provisions of sub-regulation (2.) of this regulation apply in respect of the appeal; or

(ii) the appeal has been dealt with on the merits of the case; or

(b) the person in respect of whose application the order was made has taken the oath, or made the affirmation, of enlistment under the Defence Act 1903-1941, or has taken an oath or made an affirmation in accordance with Form 3 in the Schedule to the National Security (Conscientious Objectors) Regulations.

4. Before regulation 11 of the National Security (Conscientious Objectors) Regulations the following regulation is inserted:—

Appearance on behalf of Minister.

“10.—(1.) The Minister shall be entitled to be represented as a party at the hearing of any application or appeal under these Regulations.

“(2.) An officer thereunto authorized by the Commander of a Lines of Communication Area may represent the Minister at the hearing of any application under these Regulations.”.

Review of registrations.

5. Regulation 11 of the National Security (Conscientious Objectors) Regulations is amended by adding at the end thereof the following sub-regulation:—

“(5.) Appeals may be brought against any order, or refusal to make an order, under this regulation in like manner as appeals may be brought under regulation 9 of these regulations.”.

Persons registered not to be called on to enlist.

6. Regulation 14 of the National Security (Conscientious Objectors) Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “is pending” and inserting in their stead the words “, or an appeal against an order on such an application, is pending, or while the time for bringing such an appeal has not expired.”;

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

“(2.) A person enrolled as a person liable under the Defence Act to be called up for service in the Citizen Forces but to be employed only in non-combatant duties shall not be required to perform any duties, of a combatant nature, and if he takes an oath or makes an affirmation in accordance with Form 3 in the Schedule he shall be exempt from the obligation to take the oath or make the affirmation prescribed by the Defence Act.”; and

(c) by inserting in sub-regulation (3.), after the word “enrolment”, the words “, or whose appeal against an order on such an application,”.

Conditions of employment on civil work.

7. Regulation 17 of the National Security (Conscientious Objectors) Regulations is amended by adding at the end of sub-regulation (1.) the words “, and, subject to this regulation, the conditions governing such training or the performance of work so specified shall be such as the Minister of State for Labour and National Service directs, either generally, or in respect of any person or class of persons.”.

The Schedule.

8. The Schedule to the National Security (Conscientious Objectors) Regulations is amended by adding at the end thereof the following Form:—

Form 2.

Reg. 9 (3.).

“National Security (Conscientious Objectors) Regulations.

NOTICE OF APPEAL FROM THE DECISION OF A COURT OF SUMMARY JURISDICTION.

Name in full

[Surname first in block capitals.]

Address

Occupation

In accordance with regulation 9 of the National Security (Conscientious Objectors) Regulations, I hereby give notice of appeal to the Court of the State/Territory of sitting at on day of 19 at o’clock in the noon against the order of the Court directing that*

*State effect of order.

The grounds of my appeal are 

 Set out grounds of appeal.

Dated this day of , 194 .

Signature of appellant.”.

 

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