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

STATUTORY RULES.

1942. No. 133.

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REGULATION 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 Regulation under the National Security Act 1939-1940.

Dated this eighteenth day of March, 1942.

(SGD.) GOWRIE

Governor-General.

By His Excellency’s Command,

for and on behalf of the Minister of State

for Defence Co-ordination.

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Amendment of the National Security (General) Regulations.

After regulation 55aof the National Security (General) Regulations the following regulation is inserted:—

Commonwealth property hired to contractors.

“55a.—(1.) Where any property of the Commonwealth (other than land) is in the possession, custody or control of any person for any purpose connected with the defence of the Commonwealth, the prosecution of the war, the securing of the public safety or the maintenance of supplies essential to the life of the community, the right, title and interest of the Commonwealth thereto shall not be affected or prejudiced in any way by any rights in relation thereto conferred on or possessed by any mortgagee, licensee, chargee, encumbrancee, landlord, creditor, liquidator, official receiver or trustee in bankruptcy, or by any other person whatsoever, whether or not the property is placed, built or erected in or on, or affixed to, land not owned by the Commonwealth.

“(2.) Subject to any agreement or arrangement (whether oral or in writing) under which any person has the custody, possession or control of any property of the Commonwealth, any member of the

 

*Notified in the Commonwealth Gazette on , 1942.

 Statutory Rules 1939, No. 87, as amended by Statutory Rules 1939, Nos. 103, 174, 177; Statutory Rules 1940, Nos. 8, 32, 34, 45, 67, 71, 90, 91, 93, 113, 118, 119, 120, 127. 171, 175, 187, 191, 243, 246, 261, 262, 263, 264 and 270; Statutory Rules 1941, Nos. 2, 8, 9, 40, 69, 112, 116, 125, 171, 174, 179, 248, 266, 268, 274, 287, 291, 301 and 325; and Statutory Rules 1942, Nos. 49, 56 and 67.

1210.—25/17.2.1942.—Price 3d.

Police Force of the Commonwealth or of a State or Territory of the Commonwealth, if not below the rank of sergeant, or if thereto authorized in writing by a member of the Force not below that rank, or any person thereto authorized in writing by a Minister, may seize and remove any property to which this regulation applies, and for that purpose shall at all times have full and free access to, and may, if need be by force and with such assistance as is necessary, break open, enter and search any premises or place in or at which the property is situated or in or at which he suspects the property is situated.”.

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