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

STATUTORY RULES.

1942. No. 475.

 

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.*

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 1939-1940.

Dated this twenty-ninth day of October, 1942.

GOWRIE

Governor-General.

By His Excellency’s Command,

JOHN J. DEDMAN

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 by adding at the end of the definition of “article” the words “and any animal, bird or other animate thing”.

Prohibited places.

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

(a) by omitting paragraph (d)of sub-regulation (5.) and inserting in its stead the following paragraph:—

“(d)His Majesty’s transports (including His Majesty’s Australian transports) and transports belonging to or used by any Power which is allied or associated with His Majesty in any war in which His Majesty is engaged;”; and

(b) by adding at the end of that sub-regulation the following paragraph:—

“; and (f) All aerodromes, wireless stations and other establishments or places for the time being used or occupied by or for the purposes of any of His Majesty’s Armed Forces or the Armed Forces of any Power which is allied or associated with His Majesty in any war in which His Majesty is engaged.”.

 

* Notified in the Commonwealth Gazette on 29th October, 1942.

  Statutory Rules 1939, No. 87, as amended to date. For previous National Security (General) Regulations, see footnote   to Statutory Rules 1942, No. 374, and see also Statutory Rules 1942, Nos. 402, 405, 448 and 467.

6577—Price 5d.

 

Censorship.

3. Regulation 16 of the National Security (General) Regulations is amended by adding at the end thereof the following sub-regulations:—

“(4.) In any judicial proceedings instituted either before or after the commencement of this regulation—

(a) a certificate certifying that any document or documents annexed to, or otherwise identified by, the certificate constituted the whole or formed part of a postal article which was examined by a Post and Telegraph Censorship Authority on a date specified therein; or

(b) a certificate certifying that any photographic copy or copies so annexed or identified is or are a true copy, or true copies, made by or pursuant to the directions of a Post and Telegraph Censorship Authority or under his supervision, of any document or documents which constituted or formed part of a postal article,

shall, if purporting to be signed by a Post and Telegraph Censorship Authority, be admissible as evidence of the matters so certified without proof of the signature being the signature of that person or of his official capacity.

“(5.) In this regulation, ‘Post and Telegraph Censorship Authority’ means a censorship authority appointed by or for the purposes of any order relating to the censorship of communications or articles referred to in paragraphs (a) and (b)of sub-regulation (1.) of this regulation.”.

Photography.

4. Regulation 19 of the National Security (General) Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “within the territorial limits of Australia” (wherever occurring);

(b) by omitting sub-paragraphs (ii) and (iii) of the proviso to sub-regulation (1.) and inserting in their stead the following sub-paragraph:—

(ii) in the case of a person on board any other vessel—if he surrenders the camera to the master of the vessel at the port of embarkation:”;

(c) by omitting from sub-regulation (2.) all the words after the word “camera” (second occurring) and inserting in their stead the words “until the disembarkation of the person at his port of destination.”;

(d) by omitting from sub-regulation (3.) the words “District Commandant of any Military District” and inserting in their stead the words “Commander of a Lines of Communication Area”; and

(e) by omitting sub-regulation (7.) and inserting in its stead the following sub-regulation:—

“(7.) In this regulation—

‘aircraft’ does not include aircraft belonging to the Armed Forces of His Majesty or to any Power which is allied to or associated with His Majesty in any war in which His Majesty is engaged;

‘photograph’ includes a negative of a photograph;

‘vessel’ does not include a ship of war.”.

 

Unauthorized possession or sale of uniforms and badges.

5. Regulation 31a of the National Security (General) Regulations is amended by inserting, after sub-regulation (5.) the following sub-regulations:—

“(5a.) Notwithstanding anything contained in this regulation, a person shall not make, supply or offer to supply wear, use or have in his possession any miniature or other representation of, or any brooch or personal ornament designed to imitate, any of the following badges supplied or authorized by a Commonwealth Department in connexion with the present war, namely:—

(a) Returned from Active Service Badge;

(b) Female Relative’s Badge;

(c) Mother’s and Widow’s Badge;

(d) Australian Merchant Navy Badge.

“(5b.) The prohibition contained in sub-regulation (5a.) of this regulation is also to apply to the official “Returned from Active Service Badge” issued to members of the Commonwealth Naval and Military Forces in connexion with the 1914-1918 war.”.

Measures for safety of vessels in port.

6. Sub-regulation (1a.) of regulation 47a of the National Security (General) Regulations (inserted by Statutory Rules 1942, No. 163) is re-numbered “(1b.)”.

7. Regulation 51 of the National Security (General) Regulations is repealed and the following regulation inserted in its stead:—

Desertion from ships, &c.

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

(a) neglect or refuse without reasonable cause to join his ship or to proceed to sea in his ship; or

(b) desert his ship; or

(c) be absent at any time without leave and without reasonable cause from his ship or from his duty.

“(2.) Nothing in this regulation shall be taken to affect the operation of the provisions of section two hundred and twenty-one of the Imperial Act known as the Merchant Shipping Act, 1894, insofar as those provisions relate to the forfeiture of effects or wages for desertion or absence without leave.

“(3.) Where an authorized officer has reason to believe that any person has, in the Commonwealth, contravened the provisions of sub-regulation (1.) of this regulation, that person may be conveyed onboard his ship by or under the direction of that officer.

“(4.) For the purposes of the last preceding sub-regulation the following persons shall be authorized officers, that is to say, the master of the ship, any mate or engineer of the ship, the person having the management of the ship, any constable, any commissioned officer in the Defence Force, and any superintendent within the meaning of the Imperial Act known as the Merchant Shipping Act, 1894.

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

 

“(6.) This regulation shall apply to the following ships:—

(a) Every ship belonging to His Majesty and every ship, whether British or foreign, chartered or requisitioned by or on behalf of His Majesty; and

(b) Every ship in respect of which there is for the time being in force a licence granted under an order made in pursuance of regulation 46 of the Defence (General) Regulations made under the Imperial Act known as the Emergency Powers (Defence) Act, 1939,

but shall not apply to any ship belonging to the King’s Navy or the Navy of the Commonwealth or of any British possession.”.

8. After regulation 73 of the National Security (General) Regulations the following regulation is inserted:—

Production of documents containing false statements, &c.

“73a.—(1.) A person shall not knowingly produce or present to any person any document containing any false statement or from which any material omission has been made, or knowingly make or connive at the making of any false statement, whether oral or in writing, or any omission, for the purpose of obtaining for any person or of assisting any person to obtain—

(a) exemption from service in or leave of absence from any part of the Defence Force;

(b) a transfer from one unit, service, department, corps or arm of the Defence Force to another or from any place at which he is serving as a member of the Defence Force to any other place;

(c) the transfer from any place of detention to any other place, or the release, whether temporarily or permanently, of any person detained in pursuance of any instrument made or issued under any regulation made in pursuance of the Act, or any benefit or special treatment for any person so detained.

“(2.) In any prosecution for a contravention of sub-regulation (1.) of this regulation, any document purporting to be signed by the accused person, or to be authorized by him—

(a) shall be admissible in evidence against him without proof that the signature therein is his signature or that the document was authorized by him; and

(b) shall be prima facie evidence that any statements contained therein were made, and that the document was produced or presented, by him or with his authority.

“(3.) In any proceedings under this regulation against any person, the onus shall be upon that person of satisfying the court that the statement or representation which is the subject-matter of the prosecution was true.”.

Disposal of articles in possession of executive authorities.

9. Regulation 84 of the National Security (General) Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “one month” and inserting in their stead the words “three months”;

 

(b) by adding at the end of paragraph (a)of sub-regulation (2.) the words “, and the disposal of the proceeds of any sale of the article under the order”;

(c) by adding at the end of that sub-regulation the following words:—

“; or (c) directing that the article be returned to the person from whom it was taken.”;

(d) by inserting in sub-regulation (5.), after the word “regulation”, the words “authorizing the destruction or disposal of any article,”; and

(e) by adding the following proviso at the end of sub-regulation (9.):—

“Provided that, where the article is of a perishable nature, it may be destroyed or disposed of in accordance with the order, but the court hearing any appeal may make an order as to the disposal of the proceeds of any sale effected in pursuance of this proviso.”.

 

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

6577.—2