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

STATUTORY RULES.

1940. No. 34.

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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 February, 1940.

Governor-General.

By His Excellency’s Command,

Minister of State for Defence Co-ordination.

 

Amendment of National Security (General) Regulations.

Definitions.

1. Regulation 3 of the National Security (General) Regulations is amended by omitting from the definition of “enemy alien” the words “either a British subject or a person enjoying His Majesty’s protection “and inserting in their stead the words” a British subject“.

Prohibited places.

2.—(1.) Regulation 4 of the National Security (General) Regulations is amended by inserting after sub-regulation (1.) the following sub-regulation:—

“(1a.) An order under the last preceding sub-regulation may declare a place to be a prohibited place either generally or during such hours or during the existence of such circumstances as are specified in the order.”.

(1b.) Where, prior to the commencement of this regulation, the Minister purported, in pursuance of regulation 4 of the National Security (General) Regulations, to declare, by order, any place to be a prohibited place during such hours or during the existence of such circumstances as were specified in the order, the order shall be deemed to have been made under that regulation, as amended by this regulation, and shall continue in force as if so made.

Wireless telegraphy, submarine cables, &c.

3. Regulation 11 of the National Security (General) Regulations is amended by inserting after sub-regulation (3) the following sub-regulation:—

“(3a) A person shall not use any appliance in such a way as to cause interference with the transmission or reception of communications by wireless telegraphy.”.

 

* 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, No. 8.

7208.—8/12.1.1940.—Price 3d.

Censorship.

4. Regulation 16 of the National Security (General) Regulations is amended by omitting from sub-regulation (1.) the words “the Minister” and inserting in their stead the words “a Minister”.

Restriction on movements of suspected persons.

5. Regulation 25 of the National Security (General) Regulations is amended by omitting from sub-regulation (1.) all the words after the word “order” (first occurring) and inserting in their stead the words “for any one or more of the following purposes, that is to say:—

(a) for securing that, except so far as he is permitted by the order, or by the authority or person specified in the order, that person shall not be in any area specified in the order;

(b)for securing that he shall reside in a specified area, and shall not leave that area except so far as he is permitted to do so by the order, or by the authority or person specified in the order; and

(c) for requiring him to notify his movements in such manner, at such times and to such authority or person as are specified in the order.”.

Power to stop and search vehicles.

6. Regulation 80 of the National Security (General) Regulations is amended—

(a) by omitting from sub-regulation (3.) the word “paragraph” and inserting in its stead the word “regulation”; and

(b)by omitting from that sub-regulation the figures “78” and inserting in their stead the figures “79”.

Legal proceedings.

7. Regulation 83 of the National Security (General) Regulations is amended by omitting sub-regulation (1).

8. After regulation 89 of the National Security (General) Regulations the following regulation is inserted:—

Compliance with directions and requirements.

“90. A person shall comply with every direction and requirement given to or made of or applicable to him under or in pursuance of any provision of these Regulations or any order made under any such provision.”.

 

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