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

STATUTORY RULES.

1942. No. 105.

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 Sixth 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.

 

Amendment of National Security (General) Regulations.

Evacuation of areas.

Regulation 32 of the National Security (General) Regulations is amended—

(a) by omitting sub-regulations (1.) and (2.) and inserting in their stead the following sub-regulations:—

“(1.) The Minister, or any person authorized by the Minister to act under this regulation, may, if it appears to him to be necessary or expedient so to do in the interests of the defence of the Commonwealth or the efficient prosecution of the war, or for maintaining supplies and services essential to the life of the community, make, with respect to any area an order—

(a) prohibiting any person or class of persons from departing from that area without the permission of an authority or person specified in the order;

 

* Notified in the Commonwealth Gazette on , 1942.

  Statutory Rules 1939, No. 87, as amended by Statutory Rules 1939, Nos. 103, 174 and 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, 208, 248, 266, 268, 274, 287, 291, 301 and 325; and 1942, Nos. 49, 56 and 67.

1524.—25/27.2.1942.—Price 3d.

 

(b) directing that after the time specified in the order, a person other than a person of a class so specified shall not be in that area without the permission of an authority or person so specified;

(c) authorizing any person or class of persons to depart from that area subject to any conditions specified in the order;

(d) directing any person or class of persons to depart from that area in accordance with any instructions contained in the order or issued in pursuance of the order;

(e) providing for the control, collection, removal or preparation for destruction, of any animals or things in that area which, in his opinion, would be useful to the enemy in the event of the area being occupied by an enemy;

(f) directing that such animals or things or classes of animals or things in that area as are specified in the order shall, by the time so specified, be removed from that area, or, if they cannot reasonably be so removed before that time, be destroyed or rendered useless so far as practicable, and that, after that time, animals or things or classes of animals or things so specified shall not be brought into the area, except with the permission of the authority or person specified in the order; or

(g) directing the destruction of any animals or things, in accordance with any instructions contained in the order or issued in pursuance of the order.

“(2.) Without affecting the generality of the last preceding sub-regulation, any order made under that sub-regulation—

(a) may make different provision with respect to different classes of persons, animals or things;

(b) may provide for exempting any person, animal or thing, or any class of persons, animals or things, from the operation of any of the provisions of the order;

(c) may prescribe the routes by which persons, animals or things, or any particular classes of persons, animals or things, are to depart or be removed from the area;

(d) may prescribe different times as the times by or at which different classes of persons, animals or things in the area are to depart or be removed therefrom;

(e) may prescribe the places to which persons are to proceed or animals or things are to be taken;

(f) may make different provision in relation to different parts of the area;

 

(g) may authorize any person or authority to take any action or give any directions necessary for the purposes of the order; and

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

(b) by omitting sub-regulations (5.) and (6.) and inserting in their stead the following sub-regulations:—

“(5.) Where an order is made under this regulation requiring the doing of any act or thing by a specified time, the Minister or person by whom the order was made may, while the order is in force, take such action and give such directions as he considers to be necessary for the purpose of carrying out or giving effect to the order.

“(6.) When any order has been made in pursuance of sub-regulation (1.) of this regulation directing, with respect to any area, that after the time specified in the order a person other than a person of a class specified in the order shall not be in that area without the permission of an authority or person specified in the order, a person other than a person in that class shall not, after the time so specified, enter that area, or go on board any ship, aircraft or vehicle for the purpose of proceeding to that area, unless he has first obtained the permission of the authority or person specified in the order so to do.

“(7.) For the purposes of this regulation ‘thing’ includes a building, structure, installation, works, aerodrome, road, railway, mine, reservoir, or substance.”.

 

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