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

STATUTORY RULES.

1942. No. 402.

 

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 fallowing Regulations under the National Security Act 1939-1940.

Dated this eighteenth day of September 1942.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

for and on behalf of the Minister of State for Defence Co-ordination.

 

Amendments of the National Security (General) Regulations.

Amendment of regulations 53, 54 and 55.

1. Regulations 53, 54 and 55 of the National Security (General) Regulations are amended by omitting the words “a Minister” (whereever occurring) and inserting in their stead the words “the Minister of State for the Army.”

2. After regulation 55 of the National Security (General) Regulations the following regulation is inserted:—

Compensation for the acquisition of lands on which improvements have been made by the Commonwealth.

“55aa. Where any of the powers conferred by or under regulation 53, 54 or 55 of these Regulations has been exercised in relation to any land, and the land is later compulsorily acquired in pursuance of any law of the Commonwealth or of a Territory of the Commonwealth, the value of the land shall, for the purpose of fixing the compensation to which any person is entitled under that law in respect of the acquisition, be assessed without reference to any increase in value arising from anything done on or in relation to the land by or on behalf of the Commonwealth or the Administration of the Territory or by or on behalf of any authority of the Commonwealth or the Territory.”.

 

* Notified in the Commonwealth Gazette on , 1942.

 StatutoryRules 1939, No. 87, as amended to this date. For previous amendments see note   to Statutory Rules 1942, No. 374.

6670.—Price 3d. 25/17.9.1942.

 

3. Regulation 60bof the National Security (General) Regulations is repealed and the following regulation inserted in its stead:—

Definition.

“60b.—(1.) In regulations 60c to 60j(both inclusive), 60land paragraph (d) of regulation 60m of these Regulations, ‘the Minister’ means—

(a) in relation to claims for compensation by reason of anything done in pursuance of regulations 53, 54 or 55 of these Regulations, or of any order made thereunder, the Minister of State for the Army; and

(b) in relation to claims for compensation by reason of anything done in pursuance of any other of the provisions mentioned in regulation 60d, the Minister by whom or by whose authority or direction the thing in respect of which the claim arose was done,

and, in regulations 60c to 60g(both inclusive), regulation 60jand paragraph (d) of regulation 60mincludes the person who, being authorised in writing by the Minister so to do, did the act which is the subject matter of the claim for compensation, or made the order in pursuance of which the act was done.”.

Claims for compensation.

4. Regulation 60dof the National Security (General) Regulations is amended—

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

(b)by inserting in sub-regulation (6.), after the word “Commonwealth”, the words “or of any country allied or associated with His Majesty in the present war”.

Determination of compensation.

5. Regulation 60E of the National Security (General) Regulations is amended—

(a) by omitting from sub-regulation (2.) the words “fourteen days” and inserting in their stead the words “one month”;

(b) by omitting from sub-regulation (2.) the words “by the Minister”;

(c)by omitting from sub-regulation (3.) the words “fourteen days” and inserting in their stead the words “one month”;

(d) by omitting from sub-regulation (3.) the words “by the Minister”; and

(e) by omitting sub-regulation (4.) and inserting in its stead the following sub-regulations:—

“(4.) If a notice in pursuance of sub-regulation (1.) of this regulation is not served on the claimant within two months after he makes a claim under regulation 60d of these Regulations, the claimant may by notice served personally or by post request the Minister to refer the claim to a Compensation Board.

“(5.) Where the Minister has been requested to refer a claim to a Compensation Board, the Minister shall as soon as practicable forward the claim to a Compensation Board, together with a notice stating the address at which notices may be served by the Board on the Minister.”.

 

Applications for review.

6. Regulation 60gof the National Security (General) Regulations is amended—

(a) by inserting in sub-regulation (8.), after the words “claimed is”, the words “wholly or partly”; and

(b) by adding at the end thereof the words “(or if the claim is in respect of a period, of less than one year, for such lesser period), together with the amount of any other items in the claim.”.

Compensation Boards.

7. Regulation 60lof the National Security (General) Regulations is amended by omitting sub-regulation (5.) and inserting in its stead the following sub-regulation :—

“(5.) There may be paid to any member of a Compensation Board and to any assessor such remuneration (if any) for his services and such travelling allowances (if any) as the Minister directs.”.

 

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