National Security (External Territories) Regulations (Amendment) (Cth)

STATUTORY RULES.

1944. No. 118.

––––––

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 fourteenth day of August, 1944.

GOWRIE

Governor-General.

By His Excellency’s Command,

E. J. WARD

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

 

Amendments of The National Security (External Territories) Regulations. 

1. After regulation 8 of the National Security (External Territories) Regulations, the following regulation is inserted:—

Officers transferred to the Commonwealth Service under section 43 of the Commonwealth Public Service Act.

“8a. Where any person was, at the commencement of these Regulations, serving as an officer of the Commonwealth by reason of a transfer from the Public Service of the Territory of Papua or the Territory of New Guinea in pursuance of section 43 of the Commonwealth Public Service Act 1922, or of that Act as amended at any time, the provisions of these Regulations shall apply to and in relation to that person as if he was, on and after the 27th day of April, 1942, an officer suspended from office by virtue of regulation 8 of these Regulations”.

2. After regulation 21 of the National Security (External Territories) Regulations the following regulation is inserted:—

Registers lost, destroyed or inaccessible.

“21a.—(1.) Where any register kept in pursuance of any law of the Territory of Papua or the Territory of New Guinea has been lost or destroyed or is not accessible by reason of circumstances arising

 

* Notified in the Commonwealth Gazette on 14th August, 1944.

  Statutory Rules 1942, No. 200, as amended by Statutory Rules 1942, No. 349; 1943, Nos. 139, 178 and 278; and 1944, No. 73.

4706.—Price 3d.

out of the present war, the Minister, or a person authorized by the Minister to act under this regulation, may open and keep a register in lieu of that register, and make entries therein as if it were the original register, with such variations of the manner of making any entry as he considers necessary.

“(2.) Where evidence is produced to the satisfaction of the Minister or a person so authorized that any matter or thing may reasonably be presumed to have been entered in any such register so lost, destroyed or inaccessible, he may, in his discretion—

(a) enter in the appropriate register kept in pursuance of this regulation such particulars of that matter or thing as it is established to his satisfaction may reasonably be presumed to have been entered in the register so lost, destroyed or inaccessible, and such other particulars as he considers expedient; and

(b) issue any copy of, or extract from, any register kept in pursuance of this section, or any certificate or other document based on any entry in any such register.

“(3.) Every entry in a register, and every copy, extract, certificate or other document, made or issued in pursuance of this regulation shall, in all courts and before all persons, have the same force and effect as if the entry were an entry duly made in the register so lost, destroyed or inaccessible or as if the copy, extract, certificate or other document was based on the register which is lost, destroyed or inaccessible and was duly issued by a person authorized to issue such documents under the law of the Territory of Papua or the Territory of New Guinea, as the case may be.

“(4.) There shall be payable in respect of the issue of any document in pursuance of this regulation the same fee as would be payable in respect of the issue of a similar document under the law of the Territory of Papua or the Territory of New Guinea, as the case may be”.

Jurisdiction of Supreme Court vested in Supreme Court of the Australian Capital Territory.

3. Regulation 22 of the National Security (External Territories) Regulations is amended—

(a) by inserting in sub-regulation (2.), after the word “Court” (last occurring), the words “and in relation to all matters before that Court,”; and

(b) by inserting after sub-regulation (7.) the following sub-regulations:—

“(7a.) Where, in connexion with any cause, suit, matter or proceeding before the Supreme Court of the Australian Capital Territory, or in connexion with any matter to be dealt with by the Registrar of that Court, in pursuance of this regulation, any advertisement is required to be published, or search or other inquiry made, or evidence of the non-lodgment of any caveat, intervention or other form of opposition furnished, the Court or the Registrar, as the case may be, may dispense with that advertisement, search, inquiry or evidence, or direct some other advertisement, search, inquiry or evidence in lieu thereof.

 

“(7b.) Where it is established to the satisfaction of the Judge of the Supreme Court of the Australian Capital Territory that a decree nisi for divorce or nullity of marriage has been pronounced by the Supreme Court of the Territory of Papua or of the Territory of New Guinea, the Judge may, notwithstanding anything contained in any law of either of those Territories, make such orders and give such directions as he thinks fit in connexion with the making or becoming absolute of the decree, and the issue of a decree absolute, and any decree absolute issued in pursuance of any such order or direction shall have the same force and effect as a decree absolute duly issued in accordance with the law of the Territory of Papua or the Territory of New Guinea, as the case may be.

“(7c.) Without prejudice to the generality of the last preceding sub-regulation, orders and directions under that sub-regulation may make provision with respect to—

(a) the manner in which the pronouncing of the decree nisi, and the time thereof, shall be proved or authenticated;

(b) the date on which the decree shall or may become or be made absolute;

(c) the conditions to be fulfilled before the decree becomes absolute, including the dispensing with, or variation of, any condition required by any law; and

(d) the form and issue of the decree absolute.

“(7d.) Subject to such exceptions, adaptations and modifications as the Judge of the Supreme Court of the Australian Capital Territory directs, the fees payable in or in relation to any cause, suit, matter or proceeding before that Court in the exercise of the jurisdiction conferred by this regulation shall be the fees prescribed in the like cases under the laws of that Territory”.

4. After regulation 22 of the National Security (External Territories) Regulations the following regulation is inserted:—

Succession duties.

“22a.—(1.) Subject to these Regulations, the Registrar of the Supreme Court of the Australian Capital Territory (in this regulation referred to as ‘the Registrar’) shall have and may exercise all the powers and functions of the Registrars of the Supreme Courts of the Territories of Papua and New Guinea under the Succession Duties Ordinance 1913-1941 and the Succession Duties Ordinance 1922-1941 of those Territories respectively, and any reference in either of those Ordinances to the Registrar shall be read as a reference to the Registrar of the Supreme Court of the Australian Capital Territory.

“(2.) For the purpose of enabling him to assess succession duty in respect of any estate, the Registrar may require evidence of the value of the dutiable estate or of any part thereof to be furnished to his satisfaction by affidavit or otherwise and, in any case where application is made to the Supreme Court of the Australian Capital Territory in the exercise of its jurisdiction under regulation 22 of these

Regulations for the sealing of probate or letters of administration granted in another jurisdiction, may require the evidence to be furnished, and may assess the duty, before the seal of the court is affixed.

“(3.) In the exercise of his functions under this regulation, the Registrar, where it appears to him that a final assessment of the succession duty payable in respect of an estate cannot be made on the information available, may—

(a) make an interim assessment of the duty;

(b) deliver the administration or seal the probate or letters of administration upon payment of the duty so assessed and upon deposit of such additional amount (if any), or the furnishing of such bond (with or without sureties), as he considers necessary as security for payment of any further duty which may become payable upon final assessment; and

(c) at any time up till the passing of final accounts in the administration, make a final assessment of the duty payable in respect of the estate.

“(4.) (Sub-section (2.) of section 68 of the Probate and Administration Ordinance 1913-1940 of the Territory of Papua (whether in its application to the Territory of Papua or to the Territory of New Guinea) shall not apply in connexion with the sealing of any probate or letters of administration, but, subject to sub-regulation (3.) of this regulation, the Registrar shall not seal the probate or letters of administration or any copy thereof unless all succession duty has been paid or security for payment of the duty has been furnished to his satisfaction.”.

5. After regulation 24a of the National Security (External Territories) Regulations the following regulations are added:—

Public funds, &c.

“24b. Notwithstanding anything contained in any law in force in the Territory of Papua or the Territory of New Guinea, the Treasurer may give such directions as he thinks necessary in relation to the control, disposal and investment of the public funds or revenues of either of those Territories, or of any moneys in the hands of any person, or corning into the hands of any person, in an official capacity in pursuance of any law of either of those Territories or of these Regulations, and those funds, revenues, or moneys may be controlled, disposed of or invested in accordance with those directions.

References to Justices of the Peace.

“24c. Any reference in any law of the Territory of Papua or the Territory of New Guinea to a Justice of the Peace shall be read as including a reference to a Justice of the Peace of any State or Territory of the Commonwealth, and any affidavit required or permitted to be sworn or furnished under any such law or under these Regulations may be sworn before a Justice of the Peace of any State or Territory of the Commonwealth.”.

 

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