National Security (Emergency Control) Regulations (Cth)

STATUTORY RULES.

1942. No. 64.

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 thirteenth

day of February  , 1942.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

Minister of State for Defence Co-ordination.

 

National Security (Emergency Control) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Emergency Control) Regulations.

Administration.

2. These Regulations shall be administered by the Minister of State for the Army.

Application.

3. Where the Minister is of opinion that it is necessary or desirable, for the purpose of meeting any emergency arising out of the war, that these Regulations should apply to any part of Australia, he may, by notice published in the Gazette, declare that these Regulations shall apply to that part as on and from a date specified in the notice, and thereupon these Regulations shall apply to that part accordingly.

Definition.

4. In these Regulations, unless the contrary intention appears—

“authorized person”, in relation to any part of Australia to which these Regulations apply, means a person appointed by the senior officer of the Military Forces for the time being exercising any command in that part to be an authorized person for the purposes of these Regulations.

Powers of military authorities during emergency.

5.—(1.) The senior officer of the Military Forces for the time being exercising any command in any part of Australia to which these Regulations apply, or an authorized person in respect of that part,

* Notified in the Commonwealth Gazette on  , 1942.

1000.—20/11. 2. 1942.—Price 3d.

 

may do, or may cause or direct to be done, any act or thing which he thinks necessary for the purpose of meeting any emergency arising in that part out of the war or for the purpose of providing for the defence of that part.

(2.) Without affecting the generality of the last preceding sub-regulation, the senior officer or an authorized person may make orders in relation to any of the purposes mentioned in that sub-regulation.

(3.) Any such order may be made to apply either throughout that part or to any area therein, may make different provision with respect to different classes of persons, premises, vehicles, vessels or aircraft, may provide for exempting any person, premises, vehicle, vessel or aircraft or class of persons, premises, vehicles, vessels or aircraft from the operation of any of the provisions of the order, and may contain such incidental and supplementary provisions as appear to the senior officer or an authorized person to be necessary or expedient for the purposes of the order.

Compliance with orders and directions.

6. A person to whom an order or direction under these Regulations applies shall not contravene or fail to comply with the order or direction.

Saving as to civil courts.

7. The Courts which, immediately prior to the commencement of these Regulations, had jurisdiction in any part of Australia to which these Regulations apply or in any area thereof may, subject to the provisions of any order made under these Regulations, continue to exercise their civil and criminal jurisdiction and to try and punish persons in respect of any offence committed in that part or area.

 

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