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

STATUTORY RULES.

1941. No. 291.

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 sixteenth day of December, 1941.

(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.

Taking possession of land.

1. Regulation 54 of the National Security (General) Regulations is amended by omitting sub-regulation (4.).

Requisitioning of property other than land.

2. Regulation 57 of the National Security (General) Regulations is amended by omitting sub-regulation (4.).

3. After regulation 60a of the National Security (General) Regulations the following heading and regulations are inserted:—

“Compensation.

Definition.

“60b. In regulations 60d, 60e, 60f, 60g, 60j and paragraph (d) of regulation 60m of these Regulations, ‘the Minister’ means the Minister by whom the order was made, or by whom or by whose authority or direction the thing was done, in respect of which the claim or right to compensation arose, and includes any person authorized in writing by that Minister, by delegation or otherwise, to act on his behalf.

Orders relating to impressment.

“60c. Notwithstanding anything contained in regulations 60d and 60e of these Regulations, where by any order relating to the requisition or impressment of animals or things (whether made before or after

*Notified in the Commonwealth Gazette on , 1941.

 Statutory Rules 1939, No. 87, as amended by Statutory Rules 1939, Nos. 103, 174 and 177; and 1940, Nos. 8, 32, 44, 45, 67, 71, 91, 93, 113, 120, 127, 171, 175, 187, 191, 246, 261, 262, 263, 264 and 270; and 1941, Nos. 2, 8, 9, 40, 69, 112, 116, 125, 171, 174, 179 and 208.

80.—20/6.11.1941.—Price 5d.

the commencement of this regulation) provision is made for the assessment of compensation, and for the reference of claims for compensation to a Compensation Board in the absence of agreement, the procedure prescribed in that order shall be followed, and claims referred to a Compensation Board in pursuance of that order shall be deemed to have been referred by the Minister in pursuance of regulation 60e of these Regulations and shall be dealt with accordingly.

Claims for compensation.

“60d.—(1.) Any person who has suffered or suffers loss or damage by reason of anything done in pursuance of any of the following regulations and sub-regulations, namely, regulations 53, 54, 55, 56, sub-regulations (1.) and (2.) of regulation 57, regulation 58 and sub-regulation (4.) of regulation 59 of these Regulations, or in pursuance of any order made under any of those regulations or sub-regulations, in relation to—

(a)any property in which he has, or has had, any legal interest, or in respect of which he has, or has had, any legal right;

(b) any undertaking in which he has or has had any legal interest; or

(c) any contract to which he is or has been a party,

shall, if the compensation, or the method of fixing the compensation, in respect of the loss or damage is not prescribed by any regulations other than these Regulations, be paid such compensation as is determined by agreement or, in the absence of agreement, may, within one month after the commencement of this regulation, or, if the thing is done after the commencement of this regulation, within one month after the doing of the thing on which the claim is based, or, in either case, within such further time as the Minister allows, make a claim in writing to the Minister for compensation:

Provided that, where the claim is in respect of an interference with rights which is of a continuing nature, the claimant may claim as compensation a periodical payment during the continuance of the interference, and may, within one month after the date upon which the interference ceases, submit a further claim in respect of any loss or damage suffered by reason of anything done during the period of the interference (except damage resulting from war operations) which has not been made good and is not covered by the periodical payment.

“(2.) A claim for compensation under this regulation shall state—

(a) the amount of compensation claimed;

(b) the nature of the interest on which the claim is founded;

(c) whether the claimant is aware of any, and if so what, interests in the property, undertaking or contract vested in any other person; and

(d) the claimant’s address for service of notices.

“(3.) Where a person has received notice that it is proposed or intended to do something which, if done, would give that person a right to claim compensation under sub-regulation (1.) of this regulation, he may, at any time before the thing is done, unless the compensation is determined by agreement, make a claim for compensation as if the thing had already been done.

“(4.) Where a claim is made in pursuance of sub-regulation (3.) of this regulation, it shall be treated in all respects as if it were a claim under sub-regulation (1.) of this regulation:

Provided that no compensation shall be payable before the thing in respect of which it is claimed has been done:

 

Provided further that no application for review by a court under regulation 60g may be made before the thing in respect of which the compensation is claimed has been done.

“(5.) Where the compensation is determined by agreement, the Minister may execute on behalf of the Commonwealth an instrument setting out the terms and conditions agreed upon.

“(6.) For the purposes of this regulation, ‘war operations’ means operations of the armed forces of an enemy, or operations of any of the forces of the King or the Commonwealth while in action against an enemy or while acting in the course of their duty upon any warning of the imminence of an attack by an enemy.

Determination of compensation.

“60e.—(1.) Where a claim for compensation is made in pursuance of regulation 60d of these Regulations, the Minister shall, as soon as practicable, serve on the claimant personally, or by post at the address given in the claim, a notice stating—

(a) the amount of compensation in the form of a lump sum, or in the form of a periodical payment, or both, which he considers just and reasonable; or

(b) that, in his opinion, the claimant is not entitled to any compensation,

as the case may be.

“(2.) Where a notice in pursuance of paragraph (a)of sub-regulation (1.) of this regulation is served on the claimant, it shall, subject to any right of the claimant to make a further claim by virtue of the proviso to sub-regulation (1.) of regulation 60d of these Regulations, be deemed to be an offer accepted by the claimant in full satisfaction of all claims for loss or damage suffered by reason of the doing of the thing out of which his claim arose, and the amount, periodical payment, or both, as the case may be, shall be payable to him by the Commonwealth according to the tenor of the notification, unless, within fourteen days after receipt of the notice, he requests the Minister, by notice served personally or by post at the address given in the notice served on the claimant by the Minister, to refer the claim to a Compensation Board.

“(3.) Where a notice in pursuance of paragraph (b)of sub-regulation (1.) of this regulation is served on the claimant, he shall be deemed to have abandoned his claim for compensation and shall have no right of action in respect of the subject-matter of the claim, unless, within fourteen days after the receipt of the notice, he requests the Minister, by notice served personally or by post at the address given in the notice served on the claimant by the Minister, to refer the claim to a Compensation Board.

“(4.) The Minister shall forward to a Compensation Board, together with any claim referred to the Board, a notice stating the address at which notices may be served by the Board on the Minister.

Assessment by Compensation Board.

“60f.—(1.) Where the Minister refers a claim to a Compensation Board, the Board shall assess the compensation, if any, which it thinks just, and shall, as soon as practicable, serve—

(a) on the Minister, by post at his address for service; and

(b)on the claimant, either personally, or by post at the address given in the claim, or at his last-known place of abode or business,

a notice stating the compensation so assessed.

“(2.) Subject to regulation 60g of these Regulations and to any right of the claimant to make a further claim by virtue of the proviso to sub-regulation (1.) of regulation 60d of these Regulations, the compensation so notified shall be deemed to be accepted by the claimant in full satisfaction of all claims for loss or damage suffered by reason of the doing of the thing out of which the claim arose, and shall become payable to him by the Commonwealth according to the tenor of the notification.

Applications for review.

“60g.—(1.) If either the Minister or the claimant is dissatisfied with the assessment of a Compensation Board, he may, within fourteen days after receipt of the notice of the assessment of the Board, or, where the assessment was made pursuant to sub-regulation (3.) of regulation 60d of these Regulations, within fourteen days after the doing of the thing in respect of which the claim was made, apply to a court of competent jurisdiction for a review of, the assessment.

“(2.) An application under sub-regulation (1.) of this regulation shall be made in writing to the Registrar or other proper officer of the court, and shall be accompanied by a true copy of the application for endorsement and service.

“(3.) Upon receipt of the application, the Registrar or other proper officer shall appoint a time for the hearing thereof, and shall endorse on the true copy of the application the place and time of hearing and return it to the applicant.

“(4.) The applicant shall, not less than fourteen days before the day fixed for the hearing, serve on the other party (in this regulation referred to as ‘the respondent’) in accordance with the practice of the court relating to service of writs or summonses, the endorsed copy of the application.

“(5.) Upon the day fixed, the court may, on proof of due service of the copy of the application, or if the respondent appears to contest the application, proceed to hear the application, and to determine whether any compensation is payable and, if so, the compensation which it thinks just, and may make an order for payment of the compensation so determined.

“(6.) The court may, in any review under this regulation, award such costs as it thinks fit.

“(7.) In any matter not provided for in these Regulations the powers, practice and procedure of the court shall be as nearly as may be in accordance with the powers, practice and procedure of the court in civil actions or appeals.

“(8.) For the purposes of this regulation, ‘court of competent jurisdiction’ means a court of the Commonwealth, or of a State or Territory of the Commonwealth (other than a court presided over by a Justice of the Peace, Magistrate or District Officer), which would have jurisdiction to hear and determine the application if it were an action between subject and subject for the recovery of a debt equal to the compensation claimed in the original claim to the Minister, or when the compensation claimed is in the form of a periodical payment, of a debt equal to the sum which the periodical payment claimed would amount to for the period of one year.

Orders relating to basis of compensation.

“60h.—(1.) The Minister may, by order, make provision regarding the basis on which compensation is to be awarded in any class of case.

“(2.) Any such order relating to the acquisition of property shall provide just terms to the person from whom the property is acquired.

“(3.) Notwithstanding anything contained in these Regulations, where a Minister has, whether before or after the commencement of this regulation, by order made any provisions regarding the basis on which compensation is to be awarded in any class of case, every Compensation Board and court shall be bound, in the assessment of compensation in any case of that class, to observe those provisions.

Interest on compensation.

“60j. In any case where compensation, or part thereof, has not been paid within three months after the loss or damage in respect of which the compensation is payable was suffered, the Minister may, if in his discretion he thinks fit, authorize the payment of interest at such rate (not exceeding five per centum per annum) as he determines on the compensation or part thereof for the period commencing three months after that loss or damage was suffered and ending on the date of payment.

Other rights of action barred.

“60k. No action, other than an action for the recovery of compensation determined by agreement, or in pursuance of these Regulations, or of any other regulations, or of any order relating to the requisition or impressment of animals or things, shall be maintained against any person in respect of anything purporting to be or to have been done in pursuance of any of the regulations and sub-regulations mentioned in regulation 60d of these Regulations, or in pursuance of any order made in pursuance of any of those regulations or sub-regulations.

Compensation Boards.

“60l.—(1.) For the purposes of these Regulations there shall be one or more Compensation Boards, each consisting of a Chairman and two other persons, appointed by the Minister.

“(2.) Except where the Minister considers that a Compensation Board cannot conveniently be so constituted, each Board shall include—

(a) a Police, Stipendiary or Special Magistrate, who shall be the Chairman; and

(b) a qualified practising accountant.

“(3.) The Minister may appoint one or more persons having specialized knowledge of the subject-matter of the claim to act as assessors to assist a Compensation Board.

“(4.) At least one of the assessors appointed to assist a Board or, where only one assessor is appointed, that assessor, shall be a person who is not otherwise in the employ of the Commonwealth.

“(5.) A person appointed as an assessor (not being a person employed in the service of the Commonwealth or of the Administration of a Territory of the Commonwealth, or of a public institution or authority of the Commonwealth) shall, for every day or portion of a day during which he is in attendance on a Compensation Board, and for travelling expenses, be paid such sum as the Minister directs.

 

Rules,

“60m. The Minister may make rules as to the conduct of the proceedings of Compensation Boards and, in particular, as to—

(a) the summoning and examination of witnesses and the production of books, documents and papers;

(b) the administration of oaths and affirmations;

(c) the protection of members of the Boards and of witnesses summoned to attend or appearing before them;

(d)the appearance or representation before any such Board of the claimant and of the Minister; and

(e) the fees payable to witnesses.”.

Inquiries.

4. Regulation 67 of the National Security (General) Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “by such person and at such place as he determines” and inserting in their stead the words “by a person or committee appointed by him”; and

(b) by inserting in sub-regulation (2.), after the word “person” (first occurring), the words “, or the chairman of the committee,”.

False statements.

5. Regulation 73 of the National Security (General) Regulations is amended by omitting paragraph (b) and inserting in its stead the following paragraph:—

“(b) makes such a statement or furnishes such information in any account, claim, declaration, estimate, return or other document made or submitted by him in pursuance of any of these Regulations or of any order made under any of these Regulations,”.

Pending claims.

6. The amendments made by these Regulations shall not apply to or affect the assessment of compensation in respect of any animal or thing requisitioned or impressed prior to the date of the commencement of these Regulations, and compensation in respect of any such animal or thing shall be determined in accordance with the law in force immediately prior to that date.

 

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