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

STATUTORY RULES.

1945. No. 58.

 

REGULATION UNDER THE NATIONAL SECURITY ACT 1939-1943.*

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 1939-1943.

 

Dated this twenty-sixth day of April, 1945.

HENRY

Governor-General.

By His Royal Highness’s Command,

W. P. ASHLEY

for and on behalf of the Minister of State for Defence.

 

Amendment of the National Security (General) Regulations.

Regulation 51a of the National Security (General) Regulations is repealed and the following regulation inserted in its stead:—

Deserters, &c., from ships.

“51a.—(1.) Any seaman who was not born in Australia and who, whether he has entered Australia legally or not, was at the time of, or at any time after, the entry, liable to serve on any ship registered outside Australia, shall not—

(a) desert or, without reasonable cause, be absent without leave in Australia from the ship on which he is or was under an obligation to serve;

(b) refuse, without reasonable cause, to join or sail on any ship on which he is or was under an obligation to serve or on which he has been offered employment;

(c) refuse, without reasonable cause, to perform his regular duties on board the ship on which he is under an obligation to serve, or be insubordinate, or wilfully disobey a lawful command or otherwise neglect his duties;

 

* Notified in the Commonwealth Gazette on 27th April, 1945.

Statutory Rules 1939, No. 87, as amended to date. For previous National Security (General) Regulations see footnote   to Statutory Rules 1943, No. 82, and see also Statutory Rules 1943, Nos. 88, 99, 123, 137, 224 and 278; 1944, Nos. 9, 19, 55, 83, 113 and 131; and 1945, Nos. 20, 40, 47, 50 and 57.

1788.—Price 3d.

 

(d) induce or attempt to induce any other seaman to interfere in any way with the proper operation of the ship on which that other seaman is employed or has been offered or has accepted employment; or

(e) refuse, without reasonable cause, to accept repatriation when offered to him.

“(2.) Without prejudice to the operation of the provisions of the Immigration Act 1901-1940 and these Regulations, if a seaman contravenes any provision of the last preceding sub-regulation, then he may, either before or after he has returned (if at all) to his ship or has joined (if at all) any other ship, be arrested in pursuance of section 13 ofthe Act and, subject to that section, may be held in custody, at such place as the Minister directs, until provision is made for his deportation, or until he is ready and willing and actually proceeds to serve as a seaman on the ship on which he is or was under an obligation to serve or on a ship on which, either before or after his arrest, he has been offered employment as a seaman.

“(3.) Where any seaman is arrested in pursuance of this regulation and is convicted of an offence arising out of a contravention of this regulation, he shall, subject to the next succeeding sub-regulation and after serving the sentence (if any) imposed on him, be detained in custody until he can be offered employment on, or repatriated by, and joins or boards, an oversea vessel, or until the date on which the Minister, by order, directs that he be released, whichever first happens.

“(4.) A seaman shall not be detained in custody under the last preceding sub-regulation after the expiration of the period of ten days from the commencement of the period of detention or of any further period of detention ordered under this regulation unless, immediately before the expiry of each such period of ten days, the Court by which he was convicted orders, upon application made by or on behalf of the Minister, that the seaman be detained for a further period of ten days.

“(5.) The Court shall have jurisdiction to hear any such application, after notice to such parties as the Court thinks fit, but shall not make an order for the further detention of a seaman unless it is satisfied that it is necessary for securing the public safety or the defence of the Commonwealth that the seaman should be detained for a further period.

“(6.) Where any seaman is detained in custody in pursuance of sub-regulation (3.) of this regulation, the agent of the ship on which the seaman last served prior to his arrest shall, immediately on the expiration of seven days after the date of his conviction and thereafter immediately on the expiration of each subsequent period of seven days during which the seaman is held in custody, furnish a report in writing to the Deputy Director of Navigation (or, at any port where there is no Deputy Director of Navigation, to the Superintendent, Mercantile Marine Office, at that port) setting out the efforts made by the agent during the preceding period of seven days to enable the seaman to be released from custody.

“(7.) The Deputy Director of Navigation shall, at intervals of seven days, submit to the Minister and to the Attorney-General particulars of persons who are detained under this regulation.

“(8.) A seaman arrested or detained in custody under this regulation shall be held in custody at the place directed by the Minister—

(a) if the place so directed is a prison—in accordance with the law applicable to the treatment of persons serving sentences in that prison as if the seaman were a person lawfully sentenced to undergo imprisonment in that prison; or

(b) if the place so directed is a place other than a prison—in accordance with the law applicable to the treatment of persons held in custody in that place as if the seaman were a person lawfully held in custody in that place.

“(9.) A gaoler, constable or Commonwealth officer may take such action as is necessary to give effect to this regulation.

“(10.) Any seaman detained in custody in pursuance of this regulation may be employed on such labour and in such place and on such terms and conditions as the Minister from time to time determines.

“(11.) A person shall not fail or refuse to disclose to a constable or Commonwealth officer any information which it is in his power to give in relation to any seaman to whom any provision of paragraph (a), (b), (c), (d) or (e) of sub-regulation (1.) of this regulation applies.

“(12.) A seaman to whom sub-regulation (1.) of this regulation applies who has been master or a member of the crew of any ship at any time since the twenty-eighth day of April, 1941, shall not in Australia, without the consent of the Minister, accept any employment except as the master or a member of the crew of a ship on which he is or was under an obligation to serve or on which he has been offered employment.

“(13.) In any proceedings against any seaman for a contravention of this regulation, a paper purporting to be any of the following documents, namely:—

(a) Form Eng. 2a issued by the Board of Trade under the Imperial Act known as the Merchant Shipping Act 1894;

(b) Form M & S—4 and 5 prescribed by the Navigation (Master and Seamen) Regulations;

(c) The official log-book of the ship on which the seaman was liable to serve; and

(d) Seamen’s Document of Identity or Passport for the purposes of the Passports Regulations,

shall be admissible as evidence in any court of the matters stated in the paper in pursuance of or for the purposes of any law.

“(14.) A copy of, or extract from, any document referred to in the last preceding sub-regulation shall also be admissible as evidence in any court of the matters stated therein in pursuance of any law if it purports to be signed and certified as a true copy or extract by the officer to whose custody the original document was entrusted.

 

“(15.) In this regulation—

‘seaman’ means any person who, at the time of the arrival in Australia (whether before or after the commencement of this regulation) of the ship in which he entered Australia or during the voyage of the ship to Australia, or at any time after his arrival in Australia, is or was the master or an officer of a ship registered outside Australia, or a member of the crew or of the staff employed in such ship but does not include the master or crew of any public vessel of the Government of any country with which His Majesty is at peace;

‘the Minister’ means the Minister of State for Supply and Shipping.

“(16.) On being detained in custody in pursuance of this regulation, a seaman shall be supplied with a copy of this regulation.”.

 

By Authority: L. F.