STATUTORY RULES.
1943.
No. 266.
REGULATIONS
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 Regulations
under the National Security Act 1939-1943.
Dated
this twelfth day of October, 1943.
Governor-General.
By His
Excellency’s Command,
(Sgd) J. M. Fraser
for and on behalf of the
Minister of State for Defence.
National
Security (Malaria) Regulations.
Citation.
1. These
Regulations may be cited as the National Security (Malaria) Regulations.
Administration.
2. These
Regulations shall be administered by the Minister of State for Health.
Definitions.
3. In
these Regulations, unless the contrary intention appears—
“declared
locality” means any part of the
Commonwealth declared by the Minister, under the next succeeding regulation, to
be a locality to which these Regulations shall apply;
“the
Chief Health Officer” means—
(a) in relation to the State of New South
Wales—the Director-General of Public Health;
(b) in relation to the State of Victoria—the Chief Health Officer;
(c) in relation to the State of
Queensland—the Director General of Health and Medical Services;
* Notified in the Commonwealth Gazette on ,
1943.
5756.—Price 3d. 9/28.9.1943.
(d)in relation to the State of South Australia—the Chairman of the Central
Board constituted under the Health Act, 1935-1936 of that State;
(e) in relation to the State of Western
Australia—the Commissioner of Public Health; and
(f) in relation to the State of
Tasmania—the Director of Public Health.
Declaration
of localities.
4. If
the Minister is satisfied that any part of the Commonwealth is affected, or is
likely to be affected, with malaria, and that, with a view to the protection of
the Armed Forces of His Majesty or of any Power allied or associated with His
Majesty in the present war, special measures of control are necessary in that
part of the Commonwealth, he may, by order published in the Gazette, declare that part of the
Commonwealth to be a locality to which these Regulations shall apply.
Persons
may be required to submit to examination and treatment for malaria.
5.—(1.)
An officer appointed to act under these Regulations by the Minister, or by the
Chief Health Officer of the State in which the declared locality is situated,
may, by notice in writing, require any person (other than a member of the Armed
Forces of His Majesty or of any Power allied or associated with His Majesty in
the present war) in a declared locality to submit to examination or treatment
for malaria, or to both.
(2.) An examination under the last
preceding sub-regulation may include—
(a) the taking of specimens, including specimens of blood; and
(b) clinical and bacteriological methods of examination.
(3.) A notice under sub-regulation
(1.) of this regulation shall specify the name of the hospital or other place
at which, or of the medical practitioner to whom, the person shall submit
himself for examination or treatment, or both, and the time or times and place
or places at which he shall so submit himself.
Removal
of persons to hospitals in certain cases.
6. Where
any person has refused or failed to submit to examination as required by or
under these Regulations, or has refused or failed to undergo, or has been
prevented by any cause from undergoing, or is unable from any cause to undergo,
treatment for malaria as required by or under these Regulations, an officer
appointed to act under these Regulations by the Minister, or by the Chief
Health Officer of the State concerned, may cause that person to be removed to a
hospital or other place and that person shall there submit to examination or
treatment for malaria, or to both.
Compliance
with notices.
7. A
person shall comply with the requirements of any notice under these Regulations
which is applicable to him.
Provisions
with respect to children.
8. Any
notice under these Regulations to a person under the age of sixteen years may,
if that person is residing with his father, be given to the father, or may, if
that person is not residing with his father, be given to the person having
control of the person to whom the notice relates, and the person to whom the
notice is given shall ensure that the person to whom the notice relates
complies with the requirements of the notice.
Persons
undergoing treatment not to leave hospitals until discharged.
9. A
person who is undergoing treatment for malaria in a hospital or other place in
pursuance of a requirement made under these Regulations shall not leave the
hospital or place until the medical superintendent of the hospital or place, or
a medical officer empowered to do so, has authorized the discharge of that
person from the hospital or place.
Persons
not to be liable for expenses of examination and treatment.
10. A
person shall not be liable for the expenses of any examination or treatment to which
he is required to submit under these Regulations or for the expenses of any
hospital or other accommodation incurred by reason of these Regulations not
exceeding the expenses of accommodation in public wards of hospitals in the
State concerned.
Indemnity
in respect of action taken in pursuance of these Regulations.
11. No
action shall lie against the Commonwealth or against any officer or person
acting in pursuance of these Regulations in respect of any examination,
treatment or removal to, or detention in, a hospital or place in pursuance of
these Regulations, but, if the Governor-General is satisfied that any person
has been removed to, or detained in, a hospital or place without reasonable
cause, he may award such compensation in respect thereof as he considers
reasonable.
By
Authority: L. F. Johnston, Commonwealth
Government Printer, Canberra.