National Security (Information) Regulations (Amendment) (Cth)

STATUTORY RULES.

1940. No. 188.

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.*

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 SecurityAct 1939-1940.

Dated this thirty first day of August, 1940.

Governor-General.

By His Excellency’s Command,

For and on behalf of the Minister of State for Defence Co-ordination.

 

Amendments of the National Security (Information) Regulations.

1. Regulation 6 of the National Security (Information) Regulations is amended—

(a) by adding at the end of sub-regulation (1.) the following proviso:—

“Provided that the periods so specified shall not exceed, in aggregate, thirty minutes in period of twelve hours”; and

(b) by omitting sub-regulations (2.) to (7.) (both inclusive and inserting in their stead the following sub-regulation:—

“(2.) The time occupied in compliance with any requirement made in pursuance of the last preceding sub-regulation shall be deemed, for the purposes of regulation 58 of the Wireless Telegraphy Regulations, to have been time occupied in compliance with a requirement made in pursuance of that regulation.”.

Press statements.

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 Regulation 7 of the National Security (Information) Regulations is repealed and the following regulation inserted in its stead:—

“7.—(1) If, in the opinion of the Director-General, any statement appearing in a newspaper or periodical concerning any matter connected with the prosecution of the war is not in conformity with

 

* Notified in the Commonwealth Gazette on August, 1940.

  Statutory Rules 1940, No. 137.

4967.—6/30.8.1940.—Price 3d.

 

the facts or is a misrepresentation of the facts, the Director-General may cause a statement of the facts to be furnished to the proprietor, editor or publisher of the newspaper or periodical and may request him to publish forthwith in a prominent position in the newspaper or periodical a statement correcting the statement previously made.

“(2) If the request is not complied with, the Director-General may, with the approval of the Minister, require the proprietor, editor or publisher forthwith to publish in the newspaper or periodical a statement of the facts in such form as the Director-General specifies and expressed to be a statement so required to be published.

“(3) The Director-General may require that the statement be printed in a position in the newspaper or periodical corresponding approximately with the position in which the original statement was printed and with equal prominence and display, but he may not require it to be printed in the space usually occupied by the leading articles or editorials of the newspaper or periodical or in a more prominent position than that in which the original statement was printed.

“(4) A statement requested or required to be published in pursuance of this regulation shall not exceed in length the article in which appeared the statement first referred to in sub-regulation (1.) of this regulation.

“(5) Nothing in this regulation shall require the proprietor, editor or publisher of a newspaper or periodical to publish comment as distinct from statements of fact.

“(6) Notice of a requirement under this regulation may be given by letter or telegram.

“(7) The proprietor, editor or publisher of a newspaper or periodical shall forthwith comply with all requirements issued to him in pursuance of this regulation.

“(8) For the purposes of this regulation, editor, in relation to any newspaper or periodical includes any person, for the time being in charge of the editing of the newspaper or periodical.”.

Cinematograph films.

3. Regulation 8 of the National Security (Information) Regulations is amended by inserting in sub-regulation (1.), after the word “public”, the words, “for such periods not exceeding ten minutes in any one programme”.

Averments.

4. Regulation 9 of the National Security (Information) Regulations is amended—

(a) by inserting in paragraph (a), before the word “requirement” (wherever occurring), the words “request or”;

(b) by omitting from that paragraph the word “and”; and

(c) by adding at the end thereof the following paragraph:—

“; and (c) the averment of the prosecutor contained in the information or indictment as to the opinion of the Director-General shall be prima facie evidence of the facts averred.”.

Delegation by Director General.

5. Regulation 10 of the National Security (Information) Regulations is amended by omitting the words “paragraph (c) of sub-regulation (1.)” and inserting in their stead the words “sub-regulation (2.)”

 

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