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

STATUTORY RULES.

1945. No. 36.

 

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 March, 1945.

HENRY

Governor-General.

By His Royal Highness’s Command,

E. J. WARD

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

 

Amendments of the National Security (External Territories) Regulations. 

Commencement.

1. These Regulations shall be deemed to have come into operation on the twenty-seventh day of April, 1942.

2. After regulation 9 of the National Security (External Territories) Regulations the following regulation is inserted:—

Leave for war purposes and furlough.

“9a.—(1.) Where a person who has been suspended from office by regulation 6 or regulation 8 of these Regulations is called up or volunteers and is accepted for war service or qualifies for furlough or for leave under section 35 of the Public Service Ordinance 1922-1940 of the Territory of New Guinea, the Minister may grant such person leave of absence for war service, furlough or such leave as the case may be, and the suspension of such person shall be removed during the period of leave of absence or furlough so granted.

“(2.) In this regulation, ‘war service’ means—

(a) the service of a member of the Citizen Forces when called up for war service under the Defence Act 1903-1941 or during continuous training under that Act, the Naval Defence Act 1901-1934 or the Air Force Act 1923-1941; or

(b) the continuous service under one of those Acts of any person who volunteers and is accepted for such service during war.”.

 

* Notified in the Commonwealth Gazette on 15th March, 1945.

 Statutory Rules 1942, No. 200, as amended by Statutory Rules 1942, No. 349; 1943, Nos. 139, 178 and 278; 1944, Nos. 73 and 118; and 1945, No. 2.

1012.—Price 3d.

 

Payment of salary or superannuation to dependants.

3. Regulation 12 of the Rational Security (External Territories) Regulations is amended by adding at the end thereof the following sub-regulation:—

“(2.) Where a person who is or has been granted an allowance under the Superannuation Ordinance 1917-1941 of the Territory of Papua, or the Superannuation Ordinance 1928-1940 of the Territory of New Guinea, is, as the result of enemy action, unavailable to receive the allowance, the Minister may cause to be paid to such members of that person’s family as he is satisfied are normally dependent upon that person’s earnings such portion of the superannuation allowance payable to that person as the Minister thinks fit, and any such payment of that portion shall discharge the obligation to pay that portion to the person entitled to the allowance as if the payment had been made to that person.”.

Suspension to be reckoned as part of service for certain purposes.

4. Regulation 13 of the Rational Security (External Territories) Regulations is amended by omitting all the words after the word “shall” (first occurring) and inserting in their stead the words “, except as provided in these Regulations, be reckoned as part of his service for all purposes except the calculation of leave of absence for recreation and long leave”.

Superannuation rights and contributions.

5. Regulation 16 of the Rational Security (External Territories) Regulations is amended—

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

“(b) as if during the period of service so included he had been in receipt of the salary which he would have received if he had not been suspended.”;

(b) by omitting from sub-regulation (6.) all the words commencing with the words “that person” to the end of the sub-regulation and inserting in their stead the words “that person shall, until he becomes able so to elect, have the same rights under the Superannuation Ordinance 1928-1940 of the Territory of New Guinea as if he had not been suspended.”; and

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

“(7.) Notwithstanding anything contained in this regulation, a person who is or has been suspended from office under these Regulations may, in respect of the period of suspension, pay the contributions which he would have been required to make under either the Superannuation Ordinance 1917-1941 of the Territory of Papua or the Superannuation Ordinance 1928-1940 of the Territory of New Guinea if he had not been suspended, and that person shall thereupon have the same rights under that Ordinance as if he had not been suspended.”.

 

Detention allowances.

6. Regulation 18 of the National Security (External Territories) Regulations is amended by adding at the end of sub-regulation (1.) the following proviso:

“Provided that, in the case of an officer to whom sub-regulation (6.) of regulation 16 of these Regulations applies, the rate per annum of the detention allowance to be paid or credited to him shall be reduced by an amount equal to the amount per annum of the contributions which he would have been required to make under the Superannuation Ordinance 1928-1940 of the Territory of New Guinea if he had not been suspended, and the amount by which the detention allowance is so reduced shall be deemed to have been contributed by him under that Ordinance.”.

7. After regulation 20 of the National Security (External Territories) Regulations the following regulation is inserted in Part II.:—

Operation of certain laws of the Territories varied.

“20a. The Ordinance and Regulations specified in the first column of the Schedule to these Regulations shall operate as if they were amended as respectively specified in the second column of that Schedule.”.

Schedule.

8. The National Security (External Territories) Regulations are amended by adding at the end thereof the following Schedule:—

“THE SCHEDULE.

Reg. 20a.

Ordinance and Regulations.	Amendments.
Papua—
Public Service Regulations, 1941	Regulation 46—
Omit from sub-regulation (1.) the words “on duty”. Omit sub-regulation (5.) and insert in its stead the following sub-regulation:— “(5.) Notwithstanding the preceding provisions of this regulation, service performed during the present war shall not be taken into account for the purposes of long leave: Provided that pro rata long leave may be granted to an officer in respect of his service up to the thirty-first day of May, 1940.”. Omit sub-regulation (6.). Omit from sub-regulation (8.) the symbols and figure “(6.)” and insert in their stead the symbols and figure “(5.)”. Regulation 47— Omit the words “at the end of his service”.
New Guinea—
Public Service Ordinance 1922-1940	Section 36—
	Omit the second proviso to sub-section (1.). Omit sub-sections (2.) and (2a.).”.

 

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