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

STATUTORY RULES.

1942. No. 448.

 

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 twentieth day of October, 1942.

GOWRIE

Governor-General.

By His Excellency’s Command,

J. B. CHIFLEY

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

 

Amendments of the National Security (General) Regulations.

Powers of State Premiers.

1. Regulation 35a of the National Security (General) Regulations is amended—

(a) by omitting from paragraph (a) of sub-regulation (1.) the word “and” (last occurring);

(b) by inserting, after paragraph (b) of that sub-regulation, the following paragraphs:—

“(c)make such provision with respect to the rights, powers, privileges, obligations or liabilities of the civil population, or any part thereof, as appears to him to be reasonably incidental to the operation of any regulation made under the National Security Act 1939 or under that Act as subsequently amended;

“(d) make such provision as he deems necessary for aiding the effective operation, or giving full effect to the objects, of any such regulation; and

 

* Notified in the Commonwealth Gazette on 20th 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 and 405.

7580.—Price 3d.

 

“(e) make such provision for prohibiting, restricting or regulating any act, matter or thing as appears to him to be necessary in order to maintain or promote the morale of the civil population of the State or to prevent the morale or discipline of any armed Forces within the State from being prejudicially affected.”;

(c) by inserting after sub-regulation (1.) the following sub-regulation:—

“(1a.) Any such order may make provision for the suspension, modification, alteration or replacement of any provision of the law of the State or for dispensing with the necessity of compliance with any provision of the law of the State.”; and

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

“(5.) The Prime Minister or the Attorney-General may at any time, by notice published in the Gazette, rescind any such order and, upon such publication, the order shall cease to have any force or effect.”.

Validation.

2.—(1.) Where, prior to the date on which the amendments effected by the last preceding regulation came into operation, the Premier of any State or any Minister of State for the State for the time being acting for and on behalf of the Premier made, or purported to make, any order in pursuance of regulation 35a of the National Security (General) Regulations, that order and any declaration made under that order shall, on and from that date, be deemed to have the same force and effect as if those amendments had been in operation when the order or declaration was made, and any act, matter or thing done or commenced, or purporting to have been done or commenced in pursuance of that order prior to that date shall be deemed to have been duly done or commenced:

Provided that nothing in this sub-regulation shall affect the operation of any judgment, order or conviction obtained or made before the commencement of this regulation.

(2.) No claim shall be made, and no action, suit or other proceeding shall be maintainable in any Court, against any person in respect of anything done or purporting to have been done under any such order prior to the commencement of this regulation.

 

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