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

STATUTORY RULES.

1940. No. 93.

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 Regulation under the National Security Act 1939.

Dated this twenty-ninth day of May, 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.

Entry on wharves and ships.

Regulation 7a of the National Security (General) Regulations is repealed and the following regulation inserted in its stead:—

“7a.— (1.) Subject to the next succeeding sub-regulation, a person shall not—

(a) enter or remain on any enclosed wharf or any picking-up place, or

(b) enter or remain on any merchant vessel lying in port, or approach in a boat within fifty feet of any such vessel,

except under the authority of a written permit issued in pursuance of this regulation.

(2.) In the case of the master or a member of the crew of, or a passenger who has booked his passage in, a merchant vessel lying in port, a written pass, in a form approved by the Assistant Secretary, Department of Commerce (Marine), or by the Deputy Director of Lighthouses and Navigation in the State in which the port is situated, and issued by the owner or agent of the vessel, may be accepted as a sufficient authority to enter and remain on that vessel and on any enclosed wharf at which the vessel may be lying.

 

* Notified in the Commonwealth Gazette on 29th May, 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 and 71.

3401.—Price 3d.

 

(3.) Subject to such directions as are issued from time to time by the Minister, a permit under this regulation may be issued by—

(a) the Assistant Secretary, Department of Commerce (Marine),

(b) the Deputy Director of Lighthouses and Navigation in any State, or

(c) any Commonwealth officer thereto authorized in writing by one of those officers.

(4.) A permit under this regulation—

(a) may be issued subject to such conditions and restrictions as appear desirable to the officer by whom it is issued; and

(b) shall be revocable at will by any officer authorized to issue permits.

(5.) The holder of a permit shall comply with all conditions and restrictions contained in the permit, and, if the permit is revoked, shall forthwith deliver it to the officer by whom it is revoked.

(6.) If any person is found on any enclosed wharf or any picking-up place or merchant vessel in contravention of this regulation, he may, without prejudice to any proceedings which may be taken against him, be removed therefrom by any constable or Commonwealth officer.

(7.) For the purposes of this regulation—

‘enclosed wharf means any wharf or portion of a wharf, pier, jetty, dock or other place at or within which ships may load or unload cargo or embark or disembark passengers—

(i) which is enclosed or shut off by walls, fences, hurdles or other obstacles to prevent or regulate access thereto; and

(ii) upon which, or at the entrance to which, is placed a notice indicating that entry thereon is prohibited except under the authority of a permit issued in pursuance of this regulation; and

‘picking-up place’ means any site or place specified in any award or order of the Commonwealth Court of Conciliation and Arbitration or fixed by agreement between employers and employees as a place at which waterside workers shall present themselves for engagement.”

 

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