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

STATUTORY RULES.

1941. No. 325.

 

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 thirtieth day of December, 1941.

GOWRIE

Governor-General.

By His Excellency’s Command,

JOHN J. DEDMAN

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

 

Amendments of the National Security (General) Regulations.

Definitions.

1. Regulation 3 of the National Security (General) Regulations is amended by inserting in the definition of “prohibited place”, after the word “declared”, the words “by or”.

Prohibited places.

2. Regulation 4 of the National Security (General) Regulations is amended—

(a) by inserting at the end of sub-regulation (3a.) the words “and may seize any article found on any such search which he has reasonable ground for believing to be evidence of the commission of a war offence or the possession of which gives ground for suspicion that such an offence is about to be committed”; and

(b) by omitting sub-regulation (5.) and inserting in its stead the following sub-regulation:—

“(5.) In addition to any places declared by the Minister, in pursuance of this regulation, to be prohibited places, the following places shall be prohibited places for the purposes of these Regulations:—

(a) All prohibited places within the meaning of section eighty of the Crimes Act 1914–1937;

(b) All Royal Australian Naval establishments and depots and all other establishments or places for the time being used or occupied by or for the purposes of the Royal Australian Navy;

 

* Notified in the Commonwealth Gazette on 31st December, 1941.

  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: and Statutory Rules 1941, Nos. 2, 8, 9, 40, 69, 112, 116, 125, 171, 174, 179, 248, 266, 268, 274, 287, 291 and 301.

1507.—Price 3d.

 

(c) All Royal Australian Air Force aerodromes, Royal Australian Air Force wireless stations and all other establishments or places for the time being used or occupied by or for the purposes of the Royal Australian Air Force;

(d) His Majesty’s transports (including His Majesty’s Australian transports); and

(e) All enclosed wharves, as defined in regulation 7a of these Regulations, and all vessels berthed at an enclosed wharf”.

Control of language, &c., in telegrams within Australia.

3. Regulation 13a of the National Security (General) Regulations is amended by inserting at the end of sub-regulation (1.) the following proviso:—

“Provided also that nothing in this regulation shall be deemed to prohibit the use, in the address of a telegram or in place of the name of the sender, of an abbreviated or code address registered in accordance with the Telegraph Regulations”.

Postal communications.

4. Regulation 14 of the National Security (General) Regulations is amended—

(a) by inserting in sub-regulation (1.), after the word “that”, the words “, subject to any exemptions for which provision is made in the order”;

(b) by adding at the end of that sub-regulation the words “, and, in particular, but without prejudice to the generality of the foregoing provisions of this sub-regulation, any such order may, in relation to any description of postal articles, direct that no postal article of that description shall be so despatched otherwise than under the authority of a permit granted by an authority or person specified in the order.”;

(c) by inserting, after sub-regulation (2.), the following sub-regulation:—

“(2a.) An order under the last preceding sub-regulation may be made with respect to any class or description of document, pictorial representation, photograph or article recording information.”;

(d) by inserting after sub-regulation (4.) the following sub-regulation:—

“(4a.) Where any person is about to leave Australia on any vessel or aircraft, or arrives in Australia on any vessel or aircraft, the appropriate officer, and any person acting under his directions, may go on board the vessel or aircraft for the purpose of exercising the powers conferred on them by the last preceding sub-regulation, and may also examine or search the vessel or aircraft for the purpose of ascertaining whether there is on board the vessel or aircraft any article mentioned in sub-regulation (2.) of this regulation, and may seize any article found upon such examination or search which the appropriate officer has reasonable grounds for suspecting is being sent or conveyed, or is in the person’s possession, in contravention of this regulation.”;

 

(e) by omitting from sub-regulation (5.) the word and symbol “sub-regulation (4.)” and inserting in their stead the words and symbols “sub-regulations (4.) and (4a.)”;

(f) by inserting after sub-regulation (5.) the following sub-regulations:—

“(5a.) The appropriate officer, and any person acting under his directions, may examine or search any goods, consigned from Australia to a destination outside Australia or from a place outside Australia to a destination in Australia, for the purpose of ascertaining whether any article mentioned in sub-regulation (2.) of this regulation is being sent or conveyed in contravention of this regulation, and may seize any article found upon such examination or search, being an article as to which the appropriate officer has reasonable grounds for suspecting that it is an article being so sent or conveyed, and may, for the purpose of exercising these powers, go on board any vessel or aircraft on which the goods are consigned.

“(5b.) Where any article is seized under this regulation it may be retained for such period and dealt with in such manner as is directed by the Minister, and, in particular, but without prejudice to the generality of the foregoing provisions of this sub-regulation, may be subjected to any process and may be wholly or partly destroyed or obliterated”;

(g) by omitting from sub-regulation (6.) the words “in a camera” (wherever occurring) and inserting in their stead the words “or otherwise treated so as to record information”; and

(h) by adding at the end of that sub-regulation the words “or treated”.

5. Regulation 50 of the National Security (General) Regulations is repealed and the following regulation inserted in its stead:—

Restriction on transactions in respect of aircraft and parts thereof.

“50.—(1.) A person shall not, except with the consent of the Minister (proof whereof shall lie upon him), sell, transfer or let on hire (whether under charter or otherwise), or do anything involving the creation of a charge on—

(a) any Australian aircraft; or

(b) any airframe, aero-engine or airscrew which is within Australia and is not an airframe forming part of, or an aero-engine or airscrew installed in, an aircraft which is not an Australian aircraft.

“(2.) Any transaction effected in breach of this regulation shall be void.

“(3.) The consent of the Minister under this regulation may be given either generally or in relation to a particular case, and may be given subject to such terms and conditions (if any) as the Minister thinks fit.

“(4.) Where, in pursuance of this regulation, the Minister has consented to any transaction subject to terms or conditions—

(a) a person shall comply with such of those terms and conditions as are applicable to him; and

(b) in the event of any failure to comply with any such term or condition, the transaction shall be deemed to have been effected without the consent of the Minister and the

 

provisions of this regulation shall be applicable accordingly.

“(5.) In this regulation—

‘aircraft’ means any flying machine, glider, airship or balloon (whether fixed or free);

‘Australian aircraft’ means aircraft registered in Australia and includes any aircraft within Australia which have at any time (whether before or after the commencement of these Regulations) been registered in Australia and are not for the time being registered in any place outside Australia;

‘the Minister’ means the Minister of State for Air or the Minister of State for Civil Aviation”.

Special powers as to the requisitioning of space, &c., in aircraft and public transport vehicles.

6. Regulation 58 of the National Security (General) Regulations is repealed and the following regulation inserted in its stead:—

“58.—(1.) Subject to these Regulations, the Minister may, by order, require any space or accommodation in any aircraft registered in Australia or in any public transport vehicle to be placed at his disposal, and may give such directions as appear to him to be necessary or expedient in connexion with any such requirement. The pilot of any such aircraft, and the person having the management of the aircraft or any such public transport vehicle, shall comply with all directions given under this sub-regulation with respect to the aircraft or vehicle.

“(2.) Where, in respect of any aircraft, there subsists between a person to whom this sub-regulation applies and any other person a charter-party or other contract under which the first-mentioned person is entitled to possession of the aircraft or public transport vehicle or has the right to have any articles carried or to use any space or accommodation therein, the Minister may serve on the first-mentioned person, in any manner appearing to the Minister to be convenient, a notice stating that, on the date specified in the notice, his rights and liabilities under the contract will be transferred to the Minister. Upon the service of such notice, the contract shall, with respect to any rights exercisable, or liabilities incurred, on or after the date of service, have effect, subject to the provisions of sub-regulation (4.) of this regulation, as if the Minister were a party to the contract instead of the person on whom the notice was served, and as if for any reference in the contract to that person there were substituted a reference to the Minister.

“(3.) The persons to whom sub-regulation (2.) of this regulation applies are—

(a) every British subject resident in Australia; and

(b) every body corporate incorporated under the law of the Commonwealth or of any part of Australia.

“(4.) The Minister may at any time cancel a notice served under sub-regulation (2.) of this regulation in respect of a contract, and thereupon that sub-regulation shall, unless and until a further notice is served thereunder in respect of that contract, cease to operate in relation to the contract with respect to any rights exercisable, or liabilities incurred, on or after the date on which the cancellation takes effect.

“(5.) Notice of any such cancellation shall be given as soon as may be by the Minister in such manner as he thinks fit.

“(6.) For the purposes of this regulation, ‘public transport vehicle’ includes a rail or road passenger or goods vehicle”.

 

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