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

STATUTORY RULES.

1940. No. 120.

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REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939.*

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.

Dated this

day of July , 1940.

Governor-General.

By His Excellency’s Command,

 

Minister of State for Defence Co-ordination.

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Amendments of the National Security (General) Regulations.

Means of secret communication.

1. Regulation 11 of the National Security (General) Regulations is amended by inserting, after sub-regulation (1.), the following sub-regulation:—

“(1a.) A person shall not, except with the written permission of the Postmaster-General, or of an officer thereto authorized in writing by him, acquire, let, hire, sell or otherwise dispose of any wireless transmitting apparatus or any part thereof.”.

Censorship.

2.—(1.) Regulation 16 of the National Security (General) Regulations is amended by inserting, after sub-regulation (2.), the following sub-regulation:—

“(2a.) A Minister may appoint such censorship officers and authorities as are necessary for the purpose of giving effect to this regulation or to any order made in pursuance of this regulation, and may determine the terms and conditions of employment of censorship officers.”.

(2.) Sub-regulation (1.) of this regulation shall be deemed to have come into operation on the thirteenth day of September, One thousand nine hundred and thirty-nine.

(3.) Where, prior to that date, any person has been appointed to exercise and perform the powers and duties of a censorship authority, or any other powers and duties in relation to censorship, the appointment shall be deemed to be and at all times to have been, valid and effectual for all purposes.

Inventions and designs.

3. Regulation 21 of the National Security (General) Regulations is amended by inserting in paragraph (b)of sub-regulation (1.), before the word “prohibit”, the words “by order”.

 

* Notified in the Commonwealth Gazette on , 1940.

  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 and 91.

3269.—8/24.5.1940.—Price 3d.

 

Measures for safety of Australian ships.

4. Regulation 47 of the National Security (General) Regulations is amended by inserting in paragraph (a)of sub-regulation (1.), after the word “appliance”, the words “or the alteration or removal of any apparatus, contrivance or appliance”.

Taking possession of land.

5. Regulation 54 of the National Security (General) Regulations is amended by omitting from paragraph (a) of sub-regulation (2.) the word “interest” (first occurring) and inserting in its stead the words “unencumbered interest in fee simple”.

6. After regulation 55 of the National Security (General) Regulation is, the following regulation is added:—

Fixtures to land to remain property of the Commonwealth.

“55a. All buildings, fittings, fixtures or other structures of whatsoever nature (and all materials constituting the same) placed, built or erected by the Commonwealth in or on, or affixed by the Commonwealth to, any land possessed or used by the Commonwealth in pursuance of powers contained in these Regulations shall remain the sole property of the Commonwealth and the Commonwealth shall have the right at any time to remove any such buildings, fittings, fixtures or other structures and the materials constituting the same.”.

7. After regulation 90 of the National Security (General) Regulations the following regulation is inserted:—

Evidentiary provisions.

“91.—(1.) In any prosecution for an offence against the Act, a certificate under the hand of any person that a document annexed to the certificate is a true copy of a letter or notice sent by that person to the defendant shall be prima facie evidence of the matters certified to and that the original letter or notice of which the document purports to be a copy was received by the defendant on or about the time at which it would be delivered in the ordinary course of post if it had been sent on the date borne by the document, and that the signature on the certificate is the signature of the person by whom it purports to have been signed.

“(2.) In any prosecution for an offence against the Act for neglecting or failing to furnish a return or to disclose any information, a certificate in writing purporting to be signed by the person to whom or at whose office the return or information was required by any regulation or order under the Act to have been furnished or disclosed and certifying that the return or information was not furnished or disclosed as so required shall be prima facie evidence of the matters certified to.”.

 

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