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

STATUTORY RULES.

1940. No. 175.

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-second day of August, 1940.

GOWRIE

Governor-General.

By His Excellency’s Command,

ROBERT G. MENZIES

Minister of State for Defence Co-ordination.

 

Amendment of National Security (General) Regulations.

After regulation 31 of the National Security (General) Regulations the following regulation is inserted:—

Unauthorized possession or sale of uniforms and badges.

“31a.—(1.) A person shall not without lawful authority (proof whereof shall lie upon him) use or wear or have in his possession any uniform, badge or emblem to which this regulation applies, or any colourable imitation or miniature of any such uniform, badge or emblem.

(2.) After the expiration of seven days from the date of commencement of this regulation, a person shall not, without the written authority of a competent authority, supply or offer to supply, any naval, military or air force uniform, badge or emblem to which this regulation applies, or any colourable imitation or miniature of any such uniform, badge or emblem.

(3.) Any merchant, trader, dealer, or shopkeeper on whose behalf or at whose place of business any article is supplied or offered in contravention of this regulation, whether contrary to the instructions of such merchant, trader, dealer or shopkeeper or otherwise, shall be guilty of an offence.

(4.) A person (whether or not he is the holder of a written authority under sub-regulation (2.) of this regulation) shall not supply to or make for any unauthorized person any uniform, badge or emblem to which this regulation applies or any colourable imitation or miniature of any such uniform, badge or emblem:

 

* Notified in the Commonwealth Gazette on 22nd August, 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, 118, 119, 120, 127 and 171.

5241.—Price 3d.

 

Provided that it shall be a defence in any proceedings in respect of a contravention of this sub-regulation for the defendant to prove that he took all reasonable steps to satisfy himself that the person to or for whom the uniform, badge or emblem was supplied or made was an authorized person.

(5.) This regulation shall apply to—

(a) any uniform of the Naval, Military or Air Forces of the Commonwealth;

(b) any uniform of the Australian Army Nursing Service or any Voluntary Aid Detachment;

(c) any uniform of the Police Force of the Commonwealth or of any State or Territory of the Commonwealth;

(d) any uniform of a Fire Brigade or an Ambulance Service;

(e) any badge or emblem supplied or authorized by any Commonwealth or State Government Department or any local or public authority for any purpose directly or indirectly connected with defence measures; and

(f) such other uniforms, badges and emblems as the Minister, by notice in the Gazette, directs,

but shall not apply to—

(i) the wearing as an ornament, by any woman or girl, when in civilian dress, of any naval, military or air force badge, or any miniature or other representation of, or any brooch or personal ornament designed to imitate, any naval, military or air force badge, if the size of the miniature or other representation or imitation does not exceed one-half that of the original badge;

(ii) any representation, in metal or enamel of any regimental colour badge on which no unit number or unit designation is shown; or

(iii) the supply or sale of any such ornament, miniature or representation.

(6.) Where any person uses, wears, or has in his possession, any uniform, badge or emblem in contravention of this regulation, or supplies or offers to supply any uniform, badge or emblem in contravention of this regulation, the uniform, badge or emblem shall be forfeited to the King.

(7.) For the purpose of this regulation—

“badge” includes an order, decoration, or medal and the ribbon thereof;

“competent authority” means the Naval Board, the Military Board, the Air Board, a District, Naval Officer, the Commandant of any Military District, or any officer thereto authorized in writing by one of those authorities;

“emblem” includes a regimental or other distinctive mark and an armlet; and

“uniform” includes any accoutrement or other part of a uniform.

 

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