STATUTORY
RULES.
1941. No. 35.
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 Security Act 1939–1940.
Dated
this eighteenth day of February, 1941.
Governor-General.
By His Excellency’s Command
Acting
Minister of State for Defence Co-ordination.
National Security (Inquiries) Regulations.
Citation.
1. These Regulations may
be cited as the National Security (Inquiries) Regulations.
Definitions.
2. In these Regulations,
unless the contrary intention appears—
“Board”
means a Board of Inquiry appointed under regulation 3 of these Regulations and
includes the members of a Board and a quorum thereof as specified in the
instrument of appointment;
“Commissioner”
means a person appointed under regulation 3 of these Regulations to inquire
into any matter;
“reasonable
excuse”, in relation to any act or omission by a person summoned as a witness
before a Board or a Commissioner, means an excuse which would excuse an act or
omission of a similar nature by a witness or person summoned as a witness
before a court of law.
Appointment
of Boards of Inquiry and Commissioners.
3.—(1.) A Minister may
appoint a Board of Inquiry or any person to inquire into, and report to that
Minister on, any matter in relation to the public safety or defence of the
Commonwealth and the Territories of the Commonwealth which is specified in the
instrument of appointment.
(2.) The Minister appointing any
such Board may appoint a member of the Board to be the chairman of the Board.
* Notified in the Commonwealth Gazette on February, 1941.
908.—8/13.2.1941.—Price 3d.
Protection
of members of Board and Commissioners.
4. Every member of a Board
and every Commissioner shall, in the exercise of his functions under these
Regulations, have the same protection and immunity as a Justice of the High
Court.
Boards
and Commissioners not to be bound by rules of evidence.
5. A Board or Commissioner
shall make a thorough investigation without regard to legal forms and
solemnities and shall not be bound by any rules of evidence, but may inform
itself or himself on any matter in such manner as it or he thinks fit.
Access
to books, &c.
6.—(1.) A member of a
Board or a Commissioner, or any person authorized in that behalf by the
Chairman of a Board or by a Commissioner, shall at all times have full and free
access to all buildings, places, goods, books, documents and other papers for
the purposes of the inquiry in respect of which the Board or Commissioner is
appointed, and for that purpose may make extracts from or copies of any such
books, documents or papers.
(2.) A person so authorized shall
not communicate any information acquired by him in the performance of any duty
under this regulation to any person other than a member of the Board or the
Commissioner, or a person to whom he is authorized by the Board or Commissioner
to communicate it.
(3.) A member of a Board or a
Commissioner shall not, except in the exercise of his functions under these
Regulations, communicate any information acquired by him in the exercise of
those functions.
(4.) A person shall not obstruct or
hinder any member of a Board, a Commissioner, or any person so authorized, in
the exercise of the powers conferred by this regulation.
Witnesses
may be represented by counsel.
7. A person summoned to
attend a Board or Commissioner may, with the approval of the Board or
Commissioner, be represented by counsel, attorney or agent, who may examine
witnesses and address the Board or Commissioner on his behalf.
Power
to send for witnesses and documents.
8.—(1.) The Chairman of a
Board or a Commissioner may, by writing under his hand, summon any person to
attend the Board or Commissioner at a time and place mentioned in the summons
and then and there to give evidence and to produce any books, documents and
writings in his custody or control which he is required by the summons to
produce.
(2.) A summons under this
regulation shall be served personally or by leaving it at the usual place of
abode of the person to whom it is addressed.
Board
to examine upon oath or affirmation.
9. Any member of a Board
or a Commissioner may administer an oath or affirmation to any person appearing
as a witness before the Board or Commissioner, whether the witness has been
summoned or appears without being summoned and may examine the witness upon
oath or affirmation.
Failure
to attend or produce documents.
10.—(1.) A person served
with a summons to attend a Board or Commissioner shall not fail, without
reasonable excuse, to attend the Board or Commissioner or to produce any
documents, books or writings in his custody or control which he was required by
the summons to produce.
(2.) It shall be a defence to a
prosecution for an offence arising under this regulation for failing without
reasonable excuse to produce any documents, books or writings, if the defendant
proves that the documents, books or writings were not relevant to the inquiry.
Refusal
to be sworn or give evidence.
11. A person appearing as a
witness before a Board or Commissioner shall not refuse to be sworn or to make
an affirmation or to answer any questions relevant to the inquiry put to him by
a member of the Board or by the Commissioner.
Statements
made by witness not admissible in evidence against him.
12. A statement or
disclosure made by any witness to a Board or Commissioner shall not, except in
proceedings for an offence arising under these Regulations, be admissible in
evidence against him in any civil or criminal proceedings in any court.
False
testimony.
13. A witness before a
Board or a Commissioner shall not knowingly give false testimony in any
evidence given by him to the Board or Commissioner.
Protection
and liability of witnesses.
14. A witness before a
Board or a Commissioner shall have the same protection and shall, in addition
to the penalties provided by the National
Security Act 1939-1940 be subject to the same liabilities in any civil or
criminal proceeding as a witness in any matter before the High Court.
Inquiry
may be heard in camera.
15. A Board or Commissioner
may direct that the whole or any part of the proceedings on an inquiry under
these Regulations be heard in private if the Board or Commissioner considers
that it is desirable in the public interest to do so.
Protection
of reports of proceedings.
16.—(1.) No action or
proceeding, civil or criminal, shall lie against any person for publishing in
good faith for the information of the public—
(a) a copy of, or a fair extract from, or
a fair abstract of, any report made by a Board or Commissioner; or
(b) a fair and accurate report of the
proceedings before any Board or Commission, not being proceedings directed to
be heard in private.
(2.) A publication shall be deemed
to be made in good faith for the information of the public if the person by
whom it is made is not actuated in making it by illwill to the person defamed
or by any other improper motive.
Witnesses’
fees.
17. The Attorney-General
may, by order, prescribe a scale of allowances to be paid by the Commonwealth
to any witness summoned under these Regulations for his travelling expenses and
maintenance while absent from his usual place of abode.
By
Authority: L. F. Johnston, Commonwealth
Government Printer, Canberra.