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

STATUTORY RULES.

1940. No. 246.

 

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 eleventh day of November, 1940.

GOWRIE

Governor-General.

By His Excellency’s Command,

ROBERT G. MENZIES

Minister of State for Defence Co-ordination.

 

Amendment of the National Security (General) Regulations. 

Requisitioning of property other than land.

Regulation 57 of the National Security (General) Regulations is amended—

(a) by inserting in sub-regulation (1.), after the word “order”, the words “requisition or”;

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

“(1a.) Where any property is requisitioned by or in pursuance of an order made under this regulation, any member of the Police Force of the Commonwealth or of a State or Territory of the Commonwealth, if not below the rank of sergeant, or if thereto authorized in writing by a member of the Force not below that rank, or any person thereto authorized in writing by a Minister, may seize and remove that property for the purpose of giving effect to the requisition, and for that purpose shall at all times have full and free access to, and may, if need be by force and with such assistance as is necessary, break open, enter and search, any premises or place, in or at which the property is situated or he suspects that the property is situated.

 

* Notified in the Commonwealth Gazette on 11th November, 1940.

  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 and 191.

6972.—Price 3d.

 

“(1b.) Where any property is requisitioned by or in pursuance of an order made under this regulation, the person to whom the requisition is directed shall deliver up possession of the property in accordance with the terms of the requisition.”;

(c) by inserting in sub-regulation (2.), after the word “requisitioned”, the words “by or”; and

(d) by inserting in sub-regulation (4.), after the word “requisitioned”, the words “by or”.

 

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