National Security (General) Regulations (Amendment) (Cth)

STATUTORY RULES.

1944. No. 19.

 

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 twenty-seventh day of January, 1944.

(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 (General) Regulations.

Immobilization of vessels.

1. Regulation 45d of the National Security (General) Regulations is amended—

(a) by omitting from sub-regulation (5.) all the words after the words “was removed” and inserting in their stead the words “notice that it is intended to return the vessel to him and requiring him to take possession of the vessel at such time and place as are specified in the notice.”;

(b) by inserting in sub-regulation (6.), after the word “posting”, the words “or publication”; and

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

“(7.) A notice under sub-regulation (5.) of this regulation may be served by posting the notice as a registered letter addressed to the owner, or other person from whose possession the vessel was removed, at his last-known place of abode or business or, if the name or address of that owner or other person is unknown, by publishing the notice (which need not, if it adequately identifies the

 

* Notified in the Commonwealth Gazette on , 1944.

Statutory Rules 1939, No. 87, as amended to date. For previous National Security (General) Regulations see footnote   to Statutory Rules 1943, No. 82, and see also Statutory Rules 1943, Nos. 88, 123, 137 and 224.

77.—Price 3d. 28/5.1.1944.

 

vessel, refer by name to the person to whom it is addressed) in a daily newspaper circulating in the State or Territory of the Commonwealth in which the vessel was at the time of its removal.

“(8.) A notice purporting to be served on a person in pursuance of sub-regulation (5.) of this regulation shall not be invalidated by reason of the fact that the person to whom the notice is addressed is dead.”.

Requisitioning of property other than land.

2. Regulation 57 of the National Security (General) Regulations is amended by adding at the end thereof the following sub-regulations:—

“(4.) Where any property has been requisitioned in pursuance of this regulation or of any order made thereunder, a Minister or any person authorized to requisition property of that kind may, if he considers that the requisitioning is no longer necessary, by order, revoke the requisitioning.

“(5.) Where an order has been made in relation to any property in pursuance of the last preceding sub-regulation, the Minister or person making the order may serve upon the owner or other person from whose possession the property was taken or received notice that it is intended to return the property to him and requiring him to take possession of the property at such time and place as are specified in the notice.

“(6.) If the owner or other person or his personal representative does not take possession of the property in accordance with the notice, the Minister or person serving the notice may, upon the expiration of fourteen days after the date specified in the notice as the date on which possession was required to be taken, or such extended period as the Minister or person, upon application in writing within that period of fourteen days, allows, and after a suitable advertisement of the proposed sale is published in a daily newspaper circulating in the State or Territory of the Commonwealth in which the property was taken or received, sell the property by public auction or by tender, and the proceeds of the sale, after deducting any expenses incidental to the sale, shall be paid to the owner of the property or to such other person as appears to that Minister or person to be entitled to receive them.

“(7.) After the expiration of the period of fourteen days specified in the last preceding sub-regulation, or of any extension of that period, the Commonwealth or any person having the charge or possession of the property in consequence of the requisitioning shall not be liable for any loss or deterioration of, or damage to, the property, howsoever arising.

“(8.) A notice under sub-regulation (5.) of this regulation may be served by posting the notice as a registered letter addressed to the owner, or other person from whose possession the property was taken or received, at his last-known place of abode or business or, if the name or address of that owner or other person is unknown, by publishing the notice (which need not, if it adequately identifies the property, refer by name to the person to whom it is addressed) in a daily newspaper circulating in the State or Territory of the Commonwealth in which the property was taken or received.

“(9.) A notice purporting to be served on a person in pursuance of sub-regulation (5.) of this regulation shall not be invalidated by reason of the fact that the person to whom the notice is addressed is dead.”.

 

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