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

STATUTORY RULES.

1943. No. 137.

 

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.*

I, THE DEPUTY OF 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 twenty-first day of May, 1943.

Deputy of the 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.

Prohibited places.

1. Regulation 4 of the National Security (General) Regulations is amended—

(a) by adding at the end of sub-regulation (3.) the words “; and any constable or Commonwealth officer, or any person authorized in that behalf by the officer or other person in charge of the prohibited place, may search any person entering, or seeking to enter, or being in, a prohibited place, and may detain any such person for the purpose of searching him and may seize any article found on any such search which he has reasonable ground for believing to be evidence of the commission of a war offence or the possession of which gives ground for suspicion that such an offence is about to be committed:

Provided that a woman shall not be searched except by a woman.”; and

(b) by omitting sub-regulations (3a.) and (3b.).

Amendment of regulations 7a and 7c.

2.—(1.) Regulations 7aand 7c of the National Security (General) Regulations are amended by omitting the words “Department of Commerce” (wherever occurring) and inserting in their stead the words “Department of Supply and Shipping”.

 

* 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, No. 88.

2018.—Price 3d. 25/14.5.1943.

(2.) Any permit or authorization issued or given by the Assistant Secretary, Department of Commerce (Marine), in pursuance of sub-regulation (3.) or (3a.) of regulation 7a, or sub-regulation (2.) of regulation 7c, of the National Security (General) Regulations, and any permit issued in pursuance of any such authorization, in force at the commencement of this regulation, shall continue in force as if it had been issued or given after the date on which this regulation came into operation by the Assistant Secretary, Department of Supply and Shipping (Marine).

(3.) This regulation shall be deemed to have come into operation on the twenty-first day of January, 1943.

Wireless telegraphy, submarine cables, &c.

3. Regulation 11 of the National Security (General) Regulations is amended—

(a) by inserting in the proviso to sub-regulation (1.) after the figures “1936”, the words and figures “or the Australian Broadcasting Act 1942”; and

(b)by omitting sub-regulation (5.) and inserting in its stead the following sub-regulations:—

“(5.) Notwithstanding anything contained in the Wireless Telegraphy Act 1905-1936 or the Australian Broadcasting Act 1942, or in any regulations in force under either of those Acts, the Postmaster-General may, in his discretion, in any case where he considers it desirable in the interests of the defence of the Commonwealth so to do—

(a) refuse to grant a licence under the Wireless Telegraphy Act 1905-1936 or the Australian Broadcasting Act 1942;

(b) impose conditions in any licence granted under the Australian Broadcasting Act 1942, in addition to the conditions prescribed by or under that Act;

(c) revoke at any time any licence granted under either of those Acts or under the regulations in force under the Wireless Telegraphy Act 1905-1936; or

(d)refuse to issue a certificate of proficiency in wireless telegraphy to any person.

“(5a.) A person shall not fail to comply with and observe any condition imposed in pursuance of the last preceding sub-regulation in any licence granted to him.”.

Pigeons.

4. Regulation 12 of the National Security (General) Regulations is amended by inserting in sub-regulation (1.), after the word “Australia”, the words “, or export any pigeon out of Australia,”.

Postal and other communications.

5. Regulation 14 of the National Security (General) Regulations is amended—

(a) by inserting in sub-regulation (2.), after the word “conveyed” (first occurring), the words “from a place in Australia to another place in Australia or”;

(b) by inserting in sub-regulation (5a.), after the word “consigned” (first occurring), the words “from a place in Australia to another place in Australia,”; and

(c) by inserting in sub-regulation (5a), after the word “regulation” (second occurring), the words”, or of any order made thereunder”.

Censorship.

6. Regulation 16 of the National Security (General) Regulations is amended by omitting sub-regulation (5.) and inserting in its stead the following sub-regulations:—

“(5.) Where any matter contained in any communication submitted, whether before or after the commencement of this sub-regulation, for despatch by telegraph, submarine cable or wireless transmitting apparatus or in any postal article as defined by the Post and Telegraph Act 1901-1934 is required by the Commonwealth in the interests of the public safety or in connexion with the defence of the Commonwealth, the efficient prosecution of the war or the maintenance of supplies and services essential to the life of the community, a Post and Telegraph Censorship Authority may—

(a)make or cause to be made (whether by photography or otherwise) a copy of the whole or any part of the communication or postal article; and

(b)deliver the communication or postal article or a copy of the whole or any part thereof to any civil, naval, military or air force authority.

“(6.) In this regulation, ‘Post and Telegraph Censorship Authority’ means a Post and Telegraph Censorship Authority within the meaning of the Post and Telegraph Censorship Order.”.

7. After regulation 17 of the National Security (General) Regulations the following regulation is inserted:—

Restrictions on the use of telephones, &c.

“17aaa.—(1.) For the purpose of safeguarding information which may be useful to the enemy, the Minister or the Postmaster-General may, by order, make provision for regulating, restricting, controlling or prohibiting—

(a) the use of telephones; and

(b) postal, telegraphic and telephonic communications within Australia.

“(2.) An order under the last preceding sub-regulation—

(a) may be made to apply—

(i) generally throughout Australia or in any specified area or areas; and

(ii) at all times or during such hours or during the existence of such circumstances as are specified in the order;

(b)may provide for the exemption from the provisions of the order of such persons or classes of persons as are specified in the order; and

(c) may contain such incidental and supplementary provisions as appear to the Minister making the order to be necessary or expedient for the purposes of the order.”.

Sabotage.

8. Regulation 28 of the National Security (General) Regulations is amended by inserting in sub-regulation (1.), after the word “Commonwealth”, the words ”, or of any Power allied or associated with the King in any war in which the King is engaged”.

Unauthorized possession or sale of uniforms and badges.

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

(a) by inserting in paragraph (ii) of sub-regulation (5.), after the words “is shown”, 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”; and

Immobilization of vessels.

(b) by inserting in paragraph (iia) of that sub-regulation, after the word “public”, the words “as a souvenir or for use as a gift”.

10. Regulation 45d of the National Security (General) Regulations is amended by adding at the end thereof the following sub-regulations:—

“(5.) Where any vessel has been removed to a place of safety in pursuance of an order made under this regulation, and the Minister of State for the Navy or a person authorized by him to act under this regulation considers that such removal is no longer necessary, he may serve upon the owner or other person from whose possession the vessel was removed, at his last-known place of abode or business, notice by registered letter 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 is specified in the notice.

“(6.) If the owner or other person does not take possession of the vessel in accordance with the notice, the Minister of State for the Navy or person authorized to act under this regulation may, upon the expiration of twenty-one days after the date of the posting of the notice or such extended period as the Minister or authorized person, upon application in writing within such period of twenty-one 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 from which the vessel was removed, sell the vessel 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 vessel or to such other person as appears to that Minister or authorized person to be entitled to receive them.”.

11. Regulation 73 of the National Security (General) Regulations is repealed and the following regulation inserted in its stead:—

False statements.

“73. A person shall not—

(a)in answer to any question asked in pursuance of any regulation made under the Act or of any order made under any such regulation; or

(b)in any account, claim, declaration, estimate, return or other document made or submitted by him in pursuance of any such regulation or order,

make any statement, or furnish any information, which he knows or has reasonable cause to believe to be false in a material particular.”.

Licences, permits, &c.

12. Regulation 76 of the National Security (General) Regulations is amended by omitting the words “of these Regulations” (wherever occurring) and inserting in their stead the words “regulation made under the Act or of any order made under any such regulation”.

Evidentiary provisions.

13. Regulation 91 of the National Security (General) Regulations is amended by adding at the end thereof the following sub-regulations:—

“(3.) In any prosecution for an offence against the Act, a certificate certifying that—

(a)any article described in, or otherwise identified by, the certificate constituted the whole or part of the contents of a package specified in the certificate examined by a Censorship Authority or officer of Customs on a date so specified; or

(b)any photographic copy annexed to or otherwise identified by the certificate is a true photographic representation, made by or in pursuance of the direction of a Censorship Authority or officer of Customs, of any article which formed the whole or part of the contents of a package specified in the certificate examined by him on a date so specified or of the wrappings of that package,

shall, if purporting to be signed by that Censorship Authority or officer of Customs, be admissible as prima facie evidence of the matters so certified without proof of the signature of that person or of his official capacity.

“(4.) In the last preceding sub-regulation, ‘Censorship Authority’ means a Post and Telegraph Censorship Authority within the meaning of the Post and Telegraph Censorship Order.”.

 

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