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

STATUTORY RULES.

1940. No. 9.

 

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-third day of January, 1940.

Governor-General.

By His Excellency’s Command,

 

(Sgd.) A. Fadden

Acting Minister of State for Defence Co-ordination.

 

Amendments of the National Security (General) Regulations.

Entry on wharves and ships

1. Regulation 7a of the National Security (General) Regulations is amended—

(a) by inserting in sub-regulation (1.), at the end of paragraph (b) the words “or any enclosed wharf”;

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

“(1a.) A person shall not engage any other person to do any work on an enclosed wharf or on any merchant vessel lying at an enclosed wharf unless that person is the holder of a permit to enter and remain on the wharf.”;

(c) by inserting at the end of paragraph (b) of sub-regulation (4.) the words and may be suspended by that person pending consideration of the question of revocation;”;

 

* Notified in the Commonwealth Gazette on 29 January, 1941.

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

 

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

“(4a.) If any person to whom a permit has been issued satisfies a person empowered to issue permits under this regulation that the permit has been lost or destroyed, the person so empowered may issue a duplicate permit to him on payment of a fee of One shilling.”; and

(e) by inserting in sub-regulation (5.), after the word “revoked” (wherever occurring) the words “or suspended”.

Wireless telegraphy, submarine cables, &c.

2. Regulation 11 of the National Security (General) Regulations is amended by omitting from sub-regulation (1.) all the words and symbols after the word “control” (first occurring) up to and including the words “so used” and inserting in their stead the words “any wireless transmitting apparatus, or any apparatus which has been adapted or which appears to the Postmaster-General to he readily adaptable for use as a wireless transmitting apparatus”.

Censorship.

3. Regulation 16 of the Rational Security (General) Regulations is amended—

(a) by omitting from paragraph (d) of sub-regulation (1.) the word “or”;

(b) by adding at the end of that sub-regulation the fallowing paragraph:—

“; or (f) stage plays.”; and

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

“(2b.) The Commonwealth, and any officer or authority of the Commonwealth, shall not be liable in respect of any loss, damage or injury suffered by any person by reason of the censorship, whether before or after the commencement of this sub-regulation, of any communication, postal article, newspaper, publication, matter for broadcasting or cinematograph film or stage play, in pursuance of any order under this regulation, and the Commonwealth, any officer or authority of the Commonwealth and any other person, shall not be liable to make any refund of any charges paid, whether before or after the commencement of this sub-regulation, in respect of the transmission of any communication or postal article which has been stopped, altered, delayed or otherwise dealt with in pursuance of any order under this regulation.”.

Restrictions on departure of ships and aircraft.

4. After regulation 45a of the National Security (General Regulations the following regulation is inserted:—

“45b.—(1.) The Minister, if it appears to him to be necessary or expedient so to do in the interests of public safety, the defence of the Commonwealth or the efficient prosecution of the war or for maintaining supplies and services essential to the life of the community, may by order direct—

(a) with respect to any class of ships or aircraft in Australia, that a ship or aircraft of that class shall not leave any port or place in Australia at which it may be;

(b) with respect to any particular ship or aircraft at any port or place in Australia, that the ship or aircraft shall not leave that port or place,

except with permission granted by such authority or person as is specified in the order.

“(2.) A person shall not cause, suffer or permit any ship or aircraft to leave or to attempt to leave any port or place in contravention of any such order.

“(3.) Any Commonwealth officer may, in relation to any ship or aircraft, take such steps, and use such force, as appear to him to be reasonably necessary for securing compliance with any order under this regulation relating to the ship or aircraft, or, where any contravention of the order has occurred in the case of the ship or aircraft, for enabling proceedings in respect of the contravention to be effectually taken.

“(4.) In this regulation ‘the Minister’ means, in relation to aircraft, the Minister of State for Air, and, in relation to ships, the Minister of State for the Navy or the Minister of State for Commerce.”.

Measures for safety of Australian ships.

5. Regulation 47 of the National Security (General) Regulations is amended—

(a) by omitting from paragraph (b) of sub-regulation (1.) the word “and” (second occurring); and

(b) by inserting, after paragraph (b) of that sub-regulation, the following paragraph:—

“(bb) for prescribing the wireless telegraph services to be maintained, and the number, grade and qualifications of operators and watchers to be carried, in connexion with the operation of any wireless telegraph installation provided in any such ship, whether in pursuance of the order or otherwise; and”.

6. After regulation 48 of the National Security (General) Regulations, the following regulation is inserted:—

Power to authorize certain aliens to act as master or officer of a ship registered in Australia.

“48a.—(1.) Notwithstanding anything contained in Part II. of the Navigation Act 1912-1935, the Minister of State for Commerce, or a person appointed by him so to do, may, if he or that person is satisfied that a subject or former subject of a country specified by him by order is competent to act as master or officer of any specified grade of a ship registered in Australia, authorize that subject or former subject so to act.

“(2.) Any person so authorized shall, while acting in pursuance of the authority, be deemed for the purposes of Part II. of the Navigation Act 1912-1935 to hold a certificate of competency under that Act of an officer of the grade specified in the authority.”

7. After regulation 59b of the National Security (General) Regulations, the following regulation is inserted:—

Power to provide for execution of works by State constructional bodies or authorities.

“59c. For the purpose of providing for the execution of any work connected with the defence of the Commonwealth, the prosecution of the war, the securing of public safety or the maintenance of supplies and services essential to the life of the community, the Minister may, by order, enlarge, to the extent specified in the order, the powers and functions of any constructional body or authority constituted or appointed by or under the laws of any State or Territory of the Commonwealth, and the body may thereupon exercise the enlarged powers and functions.”.

Handling and conveyance of ammunition, &c., in ports.

8. Regulation 66 of the National Security (General) Regulations is amended by adding at the end thereof the following sub-regulation:—

“(3.) If it appears to a Minister to be necessary or expedient so to do in the interests of the public safety, the defence of the Commonwealth or the efficient prosecution of the war, he may by order make provision for the shipping, unshipping, handling, storage or conveyance of any such ammunition, explosives or inflammable substances at any place specified in the order.”.

         

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