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

STATUTORY RULES.

1942. No. 87.

 

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 twenty fifth day of February, 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.

After regulation 47 of the National Security (General) Regulations, the following regulation is inserted:—

“Measures for safety of vessels in port.

47a.—(1.) Any person authorized by the Chief of the Naval Staff to act under this regulation (hereafter in this regulation referred to as ‘an authorized person’) may give directions to the owner or master of any vessel which is for the time being at a port in Australia requiring him—

(a)to take such steps as are specified in the directions for the purpose of securing that, while the vessel remains at the port, fires occurring in the vessel as the result of hostile attack will be immediately detected and combated;

(b)to secure that, while the vessel remains at the port, either at all times or during such periods as are so specified—

(i) if the vessel is equipped with any gun or other instrument or device capable of being used to defend the vessel against hostile attack, the gun, instrument or device will be manned; and

(ii) if the vessel is propelled by mechanical power, the vessel will be capable of being moved under her own power immediately if ordered to be so moved;

 

* Notified in the Commonwealth Gazette on , 1942.

  Statutory Rules 1939, No. 87, as amended by Statutory Rules 1939, Nos. 103, 174 and 177; 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; 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.

1195.—25/16.2.1942.—Price 3d.

(c) to secure that, for the purposes specified in paragraphs (a) and (b)of this regulation, such number of persons, of such class or description, as are so specified, shall be on board the vessel, either at all times while she remains at the port or during such periods while she so remains as are so specified;

(d)to do or not to do any other things so specified which are, in the opinion of the authorized officer, necessary or expedient for the purpose of securing the safety of the vessel or preventing her endangering other vessels or property at the port in the event of hostile attack.

and the owner or master shall comply with all such directions.

“(2.) Any constable or Commonwealth officer may take such steps and use such force as appear to him to be reasonably necessary for securing compliance with any directions under this regulation, or, where there has been any failure to comply with any such directions, for enabling proceedings in respect of the failure effectually to be taken.

“(3.) The cost of taking any steps in relation to a vessel for securing compliance with directions under this regulation shall be a debt due from the owner of the vessel to the Commonwealth and, without prejudice to any other remedy, may be recovered by the Commonwealth in any court of competent jurisdiction as a civil debt.

“(4.) In this regulation, the expression ‘owner’, in relation to a vessel, includes the person having the management of the vessel.”.

 

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