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

STATUTORY RULES.

1943. No. 224.

 

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 first day of September, 1943.

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,

Definitions.

1. Regulation 3 of the National Security (General) Regulations is amended—

(a) by inserting, after the definition of “seaplane”, the following definition:—

“‘ship’ includes every vessel used in navigation not ordinarily propelled by oars only;”; and

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

“(4.) The provisions of these Regulations in relation to ships, vessels and aircraft shall not, unless the contrary intention appears, apply to ships, vessels or aircraft of His Majesty’s Armed Forces or of any Armed Forces allied or associated with His Majesty’s Armed Forces.”.

Entry on wharves and ships.

2. Regulation 7a of the National Security (General) Regulations is amended by inserting the following sub-regulations after sub-regulation (5.):—

“(5a.) Where the Minister of State for the Army is satisfied that for military reasons it is necessary that special precautions should be taken at an enclosed wharf during any specified period, he may, by

 

* Notified in the Commonwealth Gazette on , 1943.

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 and 137.

3880.—Price 5d. 28/16.8.1943.

 

notice exhibited at the wharf, suspend for that period all permits issued under this regulation or under regulation 4 of these Regulations in respect of that enclosed wharf.

“(5b.) During the period specified in the notice exhibited in pursuance of the last preceding sub-regulation, a person shall not—

(a) enter or remain on the enclosed wharf to which the notice relates, or

(b) enter or remain on any merchant vessel lying at the enclosed wharf or approach in a boat within fifty feet of the wharf or of any vessel berthed at the wharf,

except under the authority of a written permit issued by the Commander of the Lines of Communication Area in which the wharf is situated or of an officer appointed for the purpose by the Minister of State for the Army.”.

Unauthorized sale of uniforms and badges.

3. Regulation 31a of the National Security (General) Regulations is amended—

(a) by inserting after sub-regulation (4a.) the following sub-regulation:—

“(4b.) A person shall not display any card or other article indicating the number or designation of the unit to which any badge or emblem or representation or miniature thereof applies.”; and

(b) by omitting from paragraph (ii) of sub-regulation (5.) the words “or in respect of which no show card or other document is displayed containing information indicating the number or designation of the unit to which the badge is applicable”.

Desertion from ships, &c.

4. Regulation 51 of the National Security (General) Regulations is amended by omitting sub-regulation (5.) and inserting in its stead the following sub-regulations:—

“(5.) A person lawfully engaged to serve on board any ship to which this regulation applies shall not—

(a) at any time when he joins his ship or while on board his ship, be under the influence of intoxicating liquor to such an extent that the performance of his duties or the navigation of the ship is thereby impeded;

(b) continuedly and wilfully disobey lawful commands or continuedly and wilfully neglect his duty;

(c) assault the master or any mate or certificated engineer of his ship; or

(d) wilfully damage his ship or embezzle or wilfully damage any of her stores or cargo.

“(5a.) The provisions of the last preceding sub-regulation shall be in addition to, and not in derogation of, the provisions of section two hundred and twenty-five of the Imperial Act known as the Merchant Shipping Act, 1894 in relation to the forfeiture of wages for wilful damage to a ship or embezzlement of, or wilful damage to, any of her stores or cargo.”.

 

5. After regulation 51 of the Rational Security (General) Regulations the following regulations are inserted:—

Power to arrest and hold in custody certain seamen.

“51a.—(1.) Without prejudice to the operation of the provisions of the Immigration Act 1901-1940, and these Regulations, any seaman, not born in Australia, whether he has entered Australia legally or not, who—

(a) deserts or has deserted or is absent or has been absent without leave in Australia from the ship on which he is or was under an obligation to serve;

(b) refuses to sail on any ship on which he has been offered employment;

(c) is reported by the master or agent of any ship for refusing to perform his regular duties on board the ship, or for insubordination or wilful disobedience to a lawful command or other neglect of duty; or

(d) is so reported for inducing or attempting to induce any other seaman to interfere in any way with the proper operation of the ship on which that other seaman is employed or has been offered or has accepted employment,

may, either before or after he has returned (if at all) to his ship or has joined (if at all) any other ship, by order of the Minister, be arrested and held in custody, at such place as the Minister directs, until provision is made for his deportation, or until he is ready and willing and actually proceeds to serve as a seaman on the ship on which he is or was under an obligation to serve or on a ship on which either before or after his arrest he has been offered employment as a seaman.

“(2.) Upon the making of an order in pursuance of this regulation a seaman shall be arrested and held in custody at the place directed by the Minister—

(a) if the place so directed is a prison—in accordance with the law applicable to the treatment of persons serving sentences in that prison as if the seaman were a person lawfully sentenced to undergo imprisonment in that prison; or

(b) if the place so directed is a place other than a prison—in accordance with the law applicable to the treatment of persons held in custody in that place as if the seaman were a person lawfully held in custody in that place.

“(3.) Every gaoler, constable and Commonwealth Officer may take such action as is necessary to give effect to any order made in pursuance of this regulation.

“(4.) Any seaman held in custody in pursuance of this regulation may be employed on such labour and in such place and on such terms and conditions as the Minister from time to time determines.

“(5.) A person shall not fail or refuse to disclose to a constable or Commonwealth Officer any information which it is in his power to give in relation to any seaman to whom any provision of paragraph (a), (b), (c) or (d) of sub-regulation (1.) of this regulation applies.

“(6.) In this regulation—

‘seaman’ means any person who, at the time of the arrival in Australia (whether before or after the commencement of

 

this regulation) of the ship in which he entered Australia, or during the voyage of the ship to Australia, or at any time after his arrival in Australia, is or was the master or an officer of a ship registered outside Australia, or a member of the crew or of the staff employed in such ship but does not include the master or crew of any public vessel of the Government of any country with which His Majesty is at peace; and

‘the Minister ’ means the Minister of State for Defence or the Minister of State for the Navy.

Power to return seamen to their ships and to deport certain seamen.

“51b.—(1.) Subject to any directions of the Minister or of an officer authorized by the Minister to give directions in relation to the exercise of powers under this sub-regulation, any officer may take into custody any seaman who is, or who he reasonably supposes to be, a prohibited immigrant, and may convey him, or cause him to be conveyed, to his ship, and may place, or cause him to be placed, on board his ship at any port in Australia.

“(2.) Where a seaman has entered or has been authorized to remain in Australia under a certificate of exemption issued in pursuance of section 4 of the Immigration Act 1901-1940, and the Minister has, upon the expiration or cancellation of the certificate, declared him to be a prohibited immigrant, it shall not be a necessary condition to the making or carrying into effect of an order for his deportation in pursuance of sub-section (5.) of that section that any notice to leave the Commonwealth shall have been given to him or that he shall have failed to leave the Commonwealth within the period specified in any such notice.

“(3.) In this regulation—

‘officer’ means an officer as defined in the Immigration Act 1901-1940;

‘prohibited immigrant’ means a prohibited immigrant within the meaning of the Immigration Act 1901-1940, and for the purposes of sub-regulation (1.) of this regulation includes a member of the crew of a public vessel of any Government (other than a ship of war or other vessel employed solely for public purposes) who would, but for the fact that the vessel is such a public vessel, be a prohibited immigrant;

‘seaman’ means any person who, at the time of the arrival in Australia (whether before or after the commencement of this regulation) of the ship in which he entered Australia, or during’ the voyage of the ship to Australia, or at any time after his arrival in Australia, is or was the master or an officer of a ship registered outside Australia, or a member of the crew or of the staff employed in such ship; and

‘the Minister’ means the Minister of State for the Interior.”.

6. After regulation 69 of the National Security (General) Regulations the following regulation is inserted:—

Derelict and looted articles intercepted by censorship or other authorities.

“69aa.—(1.) In this regulation, unless the contrary intention appears—

‘Censorship Authority’ means a Post and Telegraph Censorship Authority within the meaning of the Post and Telegraph Censorship Order;

 

‘derelict or looted article’ means an article—

(a) to which regulation 69 of these Regulations is applicable or an article received from overseas to which that regulation would have been applicable if it had been found or received in Australia; or

(b) in respect of which a contravention of regulation 40a of these Regulations has been committed;

‘Local Authority’ means a Naval Officer in Charge at any Port, a Commander of a Lines of Communication Area or an Air Officer Commanding an Area.

“(2.) Any Censorship Authority or officer of Customs or, in the case of any article contained in any baggage of a member of the Naval, Military or Air Forces of the Commonwealth, any officer of the Force to which that member belongs who, in the course of his duty, intercepts any article which he reasonably suspects to be a derelict or looted article, whether contained in a postal article or otherwise, shall send the article to a Local Authority, who may—

(a) send by post to the addressee thereof, or person from whom it was taken, a notice in writing in accordance with sub-regulation (3.) of this regulation; or

(b) return the article to the Authority or officer from whom it was received for delivery to the addressee or return to the person from whom it was taken, as the case may be.

“(3.) A notice under sub-regulation (2.) of this regulation shall contain—

(i) a description of the article;

(ii) the name and address of the sender or consignor (if known) of the article;

(iii) the date of delivery of the article to the Local Authority in pursuance of this regulation;

(iv) a statement requiring the person to whom the notice is addressed to apply in writing, within twenty-one days after the date of the notice, for the release of the article, and notifying him that in default of his making such application within that time the article will be forfeited to the King for the use of the Commonwealth; and

(v) the address of the Local Authority to whom the application is to be forwarded.

“(4.) On such application being made within the time stated in the notice posted in pursuance of sub-regulation (2.) of this regulation, the Local Authority shall determine whether the article to which the notice relates shall be delivered to the applicant or forfeited to the King for the use of the Commonwealth, and notice of his decision shall be sent to the applicant and, if he determines that the article shall be so forfeited, the article shall be deemed to be forfeited accordingly:

Provided that nothing in this regulation shall prevent the requisitioning of the article in pursuance of regulation 57 of these Regulations.

 

“(5.) In default of any application being made in accordance with the requirement contained in the notice posted in pursuance of sub-regulation (2.) of this regulation, the article described in the notice shall be forfeited to the King for the use of the Commonwealth.

“(6.) After the sending of a notice in accordance with sub-regulations (2.) and (3.) of this regulation, and until a determination has been made by the Local Authority, the article described in the notice shall be dealt with in accordance with the directions of the Local Authority.

“(7.) If a person interested in any article is dissatisfied with the decision of a Local Authority, he may, within twenty-one days after the date of the notice of that decision, apply to a court of summary jurisdiction to determine the matter.

“(8.) An application under sub-regulation (7.) of this regulation shall be made in writing to the Clerk or other proper officer of the court, and a copy of the application shall be sent to the Local Authority.

“(9.) Upon receipt of the application, the Clerk or other proper officer of the court shall appoint a time for the hearing thereof, and shall notify the applicant and the Local Authority of the time and place of the hearing.

“(10.) At the hearing the Local Authority may appear personally or be represented by counsel or by a Commonwealth officer, and the applicant may appear personally or by counsel.

“(11.) After hearing such evidence as it thinks fit the court shall determine whether the determination of the Local Authority shall be confirmed, reversed or varied, and may order accordingly.

“(12.) Unless the court is satisfied that the article is not a derelict or looted article (proof whereof shall lie upon the applicant), it shall confirm the determination of the Local Authority.

“(13.) Nothing contained or implied in this regulation shall affect or be deemed to affect the provisions of any Act or regulation relating to the imposition or collection of any duty of Customs.”.

 

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