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

STATUTORY RULES.

1941. No. 69.

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-seventh day of March, 1941.

GOWRIE

Governor-General.

By His Excellency’s Command,

A. FADDEN

Acting Minister of State for Defence Co-ordination.

 

Amendment of National Security (General) Regulations. 

Regulation 42a of the National Security (General) Regulations is repealed and the following regulation is inserted in its stead:—

Prohibition against making subversive statements, &c.

“42a.—(1.) A person shall not, by word of mouth, or in writing, or in any paper—

(a) spread false reports or make false statements or reports, or statements intended or likely to cause disaffection to His Majesty, or public alarm, or to interfere with the success of His Majesty’s Forces by land, sea or air;

(b) spread reports or make statements intended or likely to prejudice the recruiting, training or discipline of any of His Majesty’s Forces;

(c) make any statement advocating or encouraging any action intended or likely to prejudice or discourage recruiting;

(d) make any statement in relation to the war which is likely to lead to a breach of the peace; or

(e) make any subversive statement.

“(2.) A person shall not produce any performance on any stage, or exhibit any picture or cinematograph film, or commit any act, which is intended or likely to cause such disaffection, alarm, interference, prejudice, discouragement or breach.

 

* Notified in the Commonwealth Gazette on 27th March, 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, 118, 119, 120, 127, 191, 243, 246, 261, 262, 263, 264 and 270; 1941, Nos. 2, 8, 9 and 40.

1963.—Price 3d.

 

“(3.) Any proprietor, printer or publisher of any newspaper or periodical, and any author, printer or publisher of any paper (other than a newspaper or periodical), in which a report or statement is spread or made in contravention of this regulation, shall be guilty of an offence.

“(4.) A person shall not, without lawful excuse (proof whereof shall lie upon him), have in his possession any paper containing a report or statement which is or has been spread or made in contravention of this regulation.

“(5.) For the purposes of this regulation—

‘paper’ means any book, periodical, pamphlet, ‘dodger’, circular, handbill, card, poster, newspaper or other printed publication;

‘subversive statement’ includes any statement intended or likely—

(а) to interfere with the national effort by lowering the morale of the civil population or of His Majesty’s Forces;

(b) to cause unlawful resistance to or interfere with the enforcement or administration of any law of the Commonwealth or any other part of His Majesty’s dominions relating to naval, military or air forces or the training of any of those forces; or

(c) to undermine public confidence in the currency of the Commonwealth or the securities of the Commonwealth or of any State or to prejudice the successful flotation of any Commonwealth loan during the war:

Provided that reasonable and temperate discussion in good faith of any existing laws or measures shall not be deemed to be a subversive statement within the meaning of this definition.”.

 

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