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

STATUTORY RULES.

1940. No. 113.

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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 fourteenth day of June, 1940.

GOWRIE

Governor-General.

By His Excellency’s Command,

ROBERT G. MENZIES

Minister of State for Defence Co-ordination.

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Amendment of National Security (General) Regulations.

1. Regulation 26 of the National Security (General) Regulations is amended—

(a) by inserting after sub-regulation (3.) the following sub-regulation:—

“(3a.) Objections shall not be made to any such Committee against an order under this regulation, except in pursuance of leave in that behalf granted by the Committee upon application in writing by the person to whom the order relates setting forth the facts on which he relies verified by Statutory Declaration”; and

(b) by omitting sub-regulations (5.) and (6.) and inserting in their stead the following sub-regulations:—

“(5.) Rules made in pursuance of sub-regulation (4.) of this regulation shall contain provisions for enabling any person who has been granted leave to make objections against an order under this regulation, to make such objections either in person or by counsel, solicitor or agent.

“(6.) A person in respect of whom an order is made in pursuance of this regulation shall be supplied with a copy of this regulation.

“(7.) A recommendation for the release of a person who is detained in pursuance of an order under this regulation shall not be made by an advisory committee unless it is satisfied that it is neither necessary nor advisable for the public safety or the defence of the Commonwealth that the person should continue to be detained”.

 

* Notified in the Commonwealth Gazette on 19th June, 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 and 93.

3702.—Price 3d.

 

2. After regulation 79 of the National Security (General) Regulations the following regulation is inserted:—

Special power of search.

“79a. If any officer of police, not below the rank of Inspector, is satisfied that there are reasonable grounds for suspecting that there is in any premises—

(a) anything with respect to which any war offence has been, or is suspected on reasonable grounds to have been, committed;

(b) anything as to which there are reasonable grounds for believing that it will afford evidence as to the commission of any such offence; or

(c) anything as to which there is reasonable ground for believing that it is intended to be used for the purpose of committing any such offence,

he may grant a search warrant authorizing any constable or officer of police named therein, with such assistants as he thinks necessary, to enter those premises at any time, if necessary by force, and to seize any such thing which he may find in those premises”.

 

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