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

STATUTORY RULES.

1941. No. 116.

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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 twenty-eighth day of May, 1941.

Governor-General.

By His Excellency’s Command,

Acting Minister of State for Defence Co-ordination.

 

Amendments of the National Security (General) Regulations.

Prohibited places.

1. Regulation 4 of the National Security (General) Regulations is amended by inserting after sub-regulation (3.) the following sub-regulations:—

“(3a.) Where any person enters approaches inspects passes over or is in or in the neighbourhood of a prohibited place the officer or other person in charge of the prohibited place, or any person thereto authorized by him, may search such first-mentioned person.

“(3b.) No woman shall, in pursuance of the power conferred by the last preceding sub-regulation, be searched except by a woman.”.

Wireless telegraphy, submarine cables, &c.

2. Regulation 11 of the National Security (General) Regulations is amended by adding at the end of sub-regulation (2.) thereof the words “, and for that purpose may authorize any constable or Commonwealth officer, with such assistants as he thinks necessary, to enter any premises, if necessary by force, and to search the premises and take possession or control, on his behalf, of any submarine cable or wireless transmitting or receiving apparatus found therein.”.

 

* Notified in the Commonwealth Gazette on  , 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, 270, and Statutory Rules 1941, Nos. 2, 8 and 9.

1054.—15/24.2.1941.—Price 3d.

Photography, &c.

3. Regulation 19 of the National Security (General) Regulations is amended—

(a) by omitting paragraph (c) and inserting in its stead the following paragraph:—

“(c) make any photograph, sketch, plan or other representation—

(i) of a prohibited place, or of any part of or object in a prohibited place;

(ii) of, or of any part of or object in, any area specified by order of the Minister, being anarea in relation to which the restriction of photography appears to the Minister to be expedient in the interests of the defence of the Commonwealth; or

(iii) of place, person, thing or occurrence of any description specified in any order made by the Minister, or of any part of such place, person, thing or occurrence”;

(b) by adding at the end of the first proviso to sub-regulation (1.) the words “, and where any person has a camera with him on board a vessel proceeding between interstate or intra-state ports in Australia only, he shall not be deemed to have the camera with him in contravention of this regulation if he surrenders it to the master of the vessel at the port of embarkation”;

(c) by omitting from paragraph (a) of sub-regulation (2.) the word “and”;

(d) by adding at the end of sub-regulation (2.) the following paragraph:—

“(c) in the case of a vessel proceeding between interstate or intra-state ports in Australia—until the disembarkation of the person.”;

(e) by omitting sub-regulation (3.) and inserting in its stead the following sub-regulation:—

“(3.) Permits under this regulation may be granted on behalf of the Minister by the Chief of the Naval Staff, the Chief of the General Staff, the Chief of the Air Staff, the General Officer commanding any Command, the District Commandant of any Military District, or by any officer or person thereto authorized in writing by one of those officers, or any officer or person specified in any order made by the Minister in pursuance of this regulations Permits in relation to a prohibited place or protected area may also be granted by the officer or person in charge of that place or area. All officers and persons who were authorized in writing to grant permits on behalf of the Minister for the purposes of the Control of Photography Order, dated the fifth day of January, 1940, shall be deemed to have been authorized to grant permits on behalf of the Minister under this regulation.”;

(f) by inserting in sub-regulation (6.) after the words “as the case may be”, the words “, and then only in accordance with such conditions or restrictions as are imposed by the authority or person”.

Exemption from jury service.

4. After regulation 69 of the National Security (General) Regulations the following regulation is inserted:—

“69a.—(1.) The following persons shall be exempt from serving as jurors:—

Members of the Citizen Forces who have been called up for and are engaged on war service with the Naval, Military or Air Forces.

“(2.) Any person employed in the production of munitions of war who receives a notice requiring him to serve as a juror, shall be exempt from serving as a juror in accordance with that notice if, within three days after receipt thereof he sends to the sheriff or other officer from whom the notice is received a certificate, signed by his employer or by a person authorized in that behalf by his employer, certifying that the employee is employed in the production of munitions of war, and that his absence for the purpose of serving as a juror would prejudicially affect the output of munitions of war.”

Power to obtain information.

5. Regulation 71 of the National Security (General) Regulations is amended—

(a) by inserting in sub-regulation (1.), before the word “Without”, the words “Notwithstanding anything contained in any law of the Commonwealth, or of any State or Territory of the Commonwealth and”; and

(b) by inserting after sub-regulation (1.) the following sub-regulation:—

“(1a.) Notwithstanding any oath or declaration made by him, a person shall not, by reason of anything done in pursuance of the last preceding sub-regulation, be guilty of any offence.”.

 

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