National Security (Man Power) Regulations (Amendment) (Cth)

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STATUTORY RULES.

1942. No. 113.

 

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 eleventh day of March, 1942.

GOWRIE

Governor-General.

By His Excellency’s Command,

E. J. WARD

for and on behalf of the Minister of State

for Defence Co-ordination.

 

Amendments of the National Security (Man Power)

Regulations. 

Heading, Part I.

1. Before regulation 1 of the National Security (Man Power) Regulations the following heading is inserted:—

“Part I.—Preliminary.”.

2. After regulation 2 of the National Security (Man Power) Regulations the following regulation is inserted:—

Parts.

“2a. These Regulations are divided into Parts as follows:—

Part I.—Preliminary.

Part II.—Man Power Provisions.

Part III.—Registration Provisions.

Part IV.—Miscellaneous.”.

Definitions.

3. Regulation 4 of the National Security (Man Power) Regulations is amended—

(a) by inserting after the definition of “National Service Office” the following definition:—

“‘National Service Officer’ means the person for the time being in charge of a National Service Office;”; and

 

* Notified in the Commonwealth Gazette on 11th March, 1942.

  Statutory Rules 1942, No. 34, as amended by Statutory Rules 1942, No. 102.

1692.—Price 1s.

 

(b) by adding at the end thereof the following sub-regulation:—

“(2.) In these Regulations, any reference to a Schedule shall be read as a reference to a Schedule to these Regulations, and any reference to a Form shall be read as a reference to a Form in the First Schedule.”.

Heading, Part II.

4. After regulation 4 of the National Security (Man Power) Regulations the following heading is inserted:—

“Part II.—Man Power Provisions.”.

5. After regulation 14 of the National Security (Man Power) Regulations the following regulation is inserted:—

Unemployed to register, &c.

“14a.—(1.) Subject to this regulation every person who is, at the date of the commencement of this regulation, or becomes, unemployed shall—

(a) within seven days after that date or after the date of his becoming unemployed, whichever is the later, attend at the National Service Office nearest his place of living for the time being and there give such particulars about himself as the National Service Officer requires; and

(b) during the period of his unemployment, attend at the National Service Office nearest to his place of living as and when he may be required so to do by a National Service Officer, and there give such additional particulars about himself as the National Service Officer requires.

“(2.) In the case of such a person whose place of living is distant more than ten miles from the nearest National Service Office—

(a) it shall be sufficient compliance with paragraph (a)of sub-regulation (1.) of this regulation if, within the period of seven days referred to, he sends by post to that office a notification that he has become unemployed (stating also the nature of his previous employment, any other occupational qualification he may possess and the name and address of his previous employer); and

(b) it shall be sufficient compliance with paragraph (b)of that sub-regulation if he subsequently sends by post to that Office such additional particulars about himself as the National Service Officer requires him to furnish.

“(3.) The Director-General may, by order, exempt from the application of this regulation (either wholly or to the extent specified in the order)—

(a) any person;

(b) the persons included in any class of persons specified in the order; or

(c) the persons engaged in any class of employment specified in the order.”.

Repeal of regulation 21.

6. Regulation 21 of the National Security (Man Power) Regulations is repealed.

 

7. The National Security (Man Power) Regulations are amended by adding at the end thereof the following Parts and Schedules:—

“Part III.—Registration Provisions.

Definitions.

“21. In this Part and in Part IV., unless the contrary intention appears—

‘Electoral Division’ means an Electoral Division for the election of a member of the House of Representatives, and includes the Northern Territory and the Australian Capital Territory;

‘Electoral Officer’ means, in relation to any State, the Commonwealth Electoral Officer for that State;

‘identity card’ means an identity card issued in pursuance of this Part, and includes a duplicate identity card so issued;

‘incapable person’ means a person who is insane or so mentally or physically afflicted as to be incapable of complying with the requirements of this Part;

‘registered address’ means, in relation to a registered person, his usual place of living stated in the registration return made by or in respect of him or, if notice of a change in his place of living has been given under regulation 30 of these Regulations, the place of living stated in the last such notice;

‘registered person’ means a person to or in respect of whom an identity card has been issued in pursuance of this Part;

‘registration return’ means—

(a) a form in accordance with Form 1 or Form 2 transmitted, or required to be transmitted, to a Returning Officer under regulation 24 or regulation 28 of these Regulations; and

(b) a notice given, or required to be given, under regulation 30 of these Regulations,

and includes a form or notice purporting to be so transmitted or given, as the case may be;

‘Registrar’ means a District Registrar or a Registrar of Births and Deaths or a similar person who is charged with the duty of registering births and deaths occurring within a district in or part of a State or Territory;

‘Registrar-General’ means the Registrar-General or other Principal Officer of a State or Territory who is charged with the duty of registering births, deaths and marriages occurring in the State or Territory;

‘Returning Officer’ means a Divisional Returning Officer for an Electoral Division and includes—

(a) in relation to the Northern Territory—the Returning Officer for that Territory; and

(b) in relation to the Australian Capital Territory—the Assistant Returning Officer appointed under the Advisory Council Election Regulations of that Territory;

‘Territory’ means the Australian Capital Territory or the Northern Territory;

 

‘the Chief Electoral Officer’ means the Chief Electoral Officer for the Commonwealth;

‘the registration’ means the registration directed to be effected under sub-regulation (1.) of regulation 22 of these Regulations.

Registration.

“22.—(1.) Subject to this Part, registration shall be effected, in accordance with this Part, of all persons in the Commonwealth, or entering the Commonwealth, who have attained or will attain the age of sixteen years on or before the fifteenth day of March, 1942.

“(2.) The Minister may, by order, make provision for the registration of all persons, or the persons included in such classes of persons as are specified in the order, who had not attained the age of sixteen years on or before the fifteenth day of March, 1942, for the issue to such persons of identity cards, and for the application of this Part, with any adaptations or modifications which he considers necessary, for the purposes of the order.

Director-General to arrange for registration, &c.

“23. It shall be the duty of the Director-General, subject to any directions of the Minister, to make such arrangements and do such things as are necessary for giving effect to this Part.

Obligation to register.

“24.—(1.) Subject to this Part, every person in the Commonwealth who has attained or will attain the age of sixteen years on or before the fifteenth day of March, 1942, shall, on or before the twenty-fifth day of March, 1942—

(a) obtain, or cause to be obtained, a form in accordance with Form 1 or Form 2, whichever is applicable;

(b) fill in and supply in the form, in accordance with the instructions contained in the form, all the particulars specified therein;

(c) sign his name to the form; and

(d) transmit the form, in accordance with the instructions contained therein, to the Returning Officer for the Electoral Division in which the person to whom the form relates resides.

“(2.) Where any person to whom the last preceding sub-regulation applies is an incapable person, he shall not be required to comply with the provisions of that sub-regulation but the person who is, on the fifteenth day of March, 1942, for the purposes of this Part deemed to be in charge of that incapable person shall, in respect of the incapable person, comply with those provisions, and in addition shall state under his signature the reason why the incapable person is unable to sign personally.

Incapable persons.

“25. For the purposes of this Part, the persons specified in the first column of the Second Schedule shall be deemed to be in charge of the persons specified in the second column of that Schedule opposite to the first-mentioned persons.

Part not to apply to certain persons.

“26. Subject to this Part, nothing in sub-regulation (1.) of regulation 24 of these Regulations shall apply to any person who is, on the twenty-fifth day of March, 1942—

(a) a member of the Defence Force performing continuous full-time war service;

(b)an alien to whom the registration requirements of the National Security (Aliens Control) Regulations apply;

 

(c) a person detained in an internment camp as denned by the National Security (Internment Camps) Regulations, or a person detained in a prisoners of war camp as defined by the National Security (Prisoners of War) Regulations;

(d) a member of the Naval, Military or Air Forces of the United Kingdom or of any other part of His Majesty’s dominions (other than the Commonwealth), or of any foreign power allied or associated with His Majesty in any war in which His Majesty is engaged, or of any foreign authority recognized by His Majesty as competent to maintain Naval, Military or Air Forces for service in association with His Majesty’s Forces; or

(e) a member of, and who is performing continuous full-time service with, any of the following organizations, namely—

(i) The Australian Army Nursing Service;

(ii) The Royal Australian Air Force Nursing Service;

(iii) The Royal Australian Navy Nursing Service;

(iv) The Australian Women’s Army Service;

(v) The Women’s Royal Australian Naval Service;

(vi) The Women’s Auxiliary Australian Air Force;

(vii) A Voluntary Aid Detachment attached to the Defence Force, or to any one of the Forces referred to in paragraph (d) of this regulation; or

(viii) Any other organization which the Minister, by order published in the Gazette, declares to be an organization to which this regulation applies.

Mistaken compliance to be notified.

“27. If any person purports to comply with regulation 24 of these Regulations in the mistaken belief or expectation that he, or an incapable person of whom he is deemed to be in charge, was not, or would not be, a person to whom regulation 26 of these Regulations applies, be shall forthwith after the twenty-fifth day of March, 1942, or after he becomes aware that he or the incapable person was on that date such a person (whichever is the later) report the facts in writing to the Returning Officer of the Electoral Division to whom he transmitted the registration return.

Registration after 25th March, 1942.

“28.—(1.) Subject to this regulation, every person who—

(a) fails to comply with the provisions of regulation 24 of these Regulations;

(b) having attained the age of sixteen years on or before the fifteenth day of March, 1942, enters the Commonwealth after the twenty-fifth day of March, 1942, and is not a registered person, or a person described in any of paragraphs (a) to (e) (inclusive) of regulation 26 of these Regulations; or

(c) ceases, after the twenty-fifth day of March, 1942, to be a person described in any of those paragraphs without becoming, or continuing to be, a person described in any other of those paragraphs,

shall, in the case of a person to whom paragraph (a) of this sub-regulation applies, forthwith after becoming aware that he has failed to comply with the provisions of regulation 24 of these Regulations,

 

and, in any other case, within seven days after the happening of the event specified in paragraph (b) or paragraph (c) of this sub-regulation, whichever is applicable,

(d) obtain, or cause to be obtained, a form in accordance with Form 1 or Form 2, whichever is applicable;

(e) fill in and supply in the form, in accordance with the instructions contained in the form, all the particulars specified therein;

(f) sign his name to the form;

(g) sign a statement setting out the reason why regulation 24 of these Regulations was not complied with or was not applicable to him; and

(h) transmit the form, in accordance with the instructions contained therein, together with the statement referred to in the last preceding paragraph attached, to the Returning Officer for the Electoral Division in which the person to whom the form relates resides.

“(2.) Where any person to whom the last preceding sub-regulation applies is an incapable person, he shall not be required to comply with the provisions of that sub-regulation, but the person who is, at the date when the incapable person would, but for this sub-regulation, have been required to comply with the last preceding sub-regulation, deemed to be in charge of the incapable person, shall, in respect of the incapable person, comply with those provisions, and in addition shall state under his signature on the form the reason why the incapable person is unable to sign it personally.

Persons to fill in forms when required.

“29. The Director-General may, from time to time, require any person to fill in, sign and furnish to the Director-General, or to such other person as he directs, a form or forms in accordance with whichever of the forms in the First Schedule is appropriate setting out the particulars, as at the date the requirement is made, specified in the form or forms.

Change of address.

“30.—(1.) Subject to this Part, every registered person shall, within seven days after changing his place of living, give notice of the change in accordance with the form approved by the Director-General and with the instructions contained therein.

“(2.) After a date to be specified by the Director-General by notice published in the Gazette, any person in relation to whom an identity card has been issued who has, whether before or after that date, changed his place of living shall, in addition to complying with sub-regulation (1.) of this regulation, within seven days after that date, or after changing his place of living, whichever is the later, at such place as is specified by the Director-General by notice published in the Gazette as a place at which identity cards may be produced under this regulation, produce his identity card to a person authorized by the Director-General to alter identity cards in accordance with this regulation.

“(3.) In the case of an incapable person, the notice shall be given and the identity card produced by the person who is deemed to be in charge of the incapable person.

“(4.) A person authorized under sub-regulation (2.) of this regulation may substitute for the address appearing in the identity card so produced the address of the new place of living.

 

“(5.) A registered person who is temporarily absent from his registered address shall make arrangements to secure—

(a) that postal communications addressed to him at his registered address and marked “Immediate” reach him without undue delay; and

(b) that, so far as is practicable, his actual address for the time being is ascertainable upon inquiry at his registered address.

Duties of Returning Officer.

“31.—(1.) Each Returning Officer shall be under an obligation to carry out such duties in connexion with this Part, and shall have such powers and functions, as are specified in these Regulations or are assigned to him by the Director-General.

“(2.) Each Returning Officer shall, before entering upon his duties or exercising any powers or functions under this Part, sign in the presence of a witness an undertaking in accordance with Form 3.

Identity cards.

“32.—(1.) A Returning Officer may, on receiving, from a person required to transmit it, a form filled in and signed in accordance with regulation 24 or regulation 28 of these Regulations, issue to the person purporting to sign the form an identity card in respect of the person to whom the form relates.

“(2.) Subject to this Part, an identity card shall be in accordance with Form 4 or such other form substantially to the like effect as the Director-General determines.

Completion of identity cards.

“33.—(1.) Subject to this regulation, a registered person shall, immediately upon receipt of his identity card, complete the same by inserting his signature and his business address (if any) in the spaces provided thereon for the purpose.

“(2.) In the case of a registered person who is an incapable person, the person who is deemed to be in charge of the incapable person shall secure, if possible, that the identity card is forthwith completed by the person to whom it relates and, if this is not possible, he shall insert his own signature and the business address (if any) of the incapable person in the spaces provided on the identity card for the purpose, and shall write immediately below his signature the words ‘for (inserting name), incapable by reason of (insanity, mental or bodily affliction as the case requires) of personally signing’.

“(3.) The identity card shall be so signed in the presence of a witness who—

(a)has attained the age of twenty-one years;

(b)personally knows the person to whom the identity card relates; and

(c) shall affix his own signature and set out his address in the spaces provided on the identity card for the purpose.

“(4.) Subject to sub-regulation (2.) of regulation 36 of these Regulations, a registered person who is detained in any prison shall deliver up his identity card to the person in charge of the prison, who shall, while the registered person continues to be detained in the prison, be responsible for the custody thereof.

 

Return of card by person wrongly registering.

“34. If an identity card is issued to any person on whom an obligation is imposed by regulation 27 of these Regulations to report the facts specified in that regulation, he shall, immediately after incurring that obligation, or after receipt of that card, whichever is the later, return the card to the Returning Officer who issued it with a statement setting out the reason for its return.

Custody of identity cards.

“35. The person to whom an identity card relates or the person who is deemed to be in charge of that person, shall, subject to this Part, on receipt of the card, be responsible for the custody thereof.

Identity cards of incapable persons.

“36.—(1.) Where a registered person becomes an incapable person, the person who is deemed to be in charge of the incapable person shall endeavour to obtain possession of the identity card relating to the incapable person, and shall be entitled to possession of that card.

“(2.) Where a registered person who is an incapable person ceases to be an incapable person, or passes from the charge of one person to the charge of some other person, the person having the custody of the incapable person’s identity card shall forthwith deliver it to him or to the person to whose charge he so passes, as the case may be.

Lost, &c., identity cards.

“37.—(1.) Where an identity card is lost, destroyed or defaced, the person responsible for the custody thereof shall forthwith notify the fact to the Returning Officer of the Electoral Division in which he resides and shall, if so requested by that officer, fill in and sign an application in a form approved by the Director-General for the issue of a duplicate identity card, whereupon that officer shall, if he sees fit, and upon payment of a fee of Two shillings and sixpence, take such steps as are necessary for the issue of a duplicate identity card.

“(2.) In the case of an identity card which has been defaced, a duplicate shall not be issued unless the original identity card has been delivered up to a Returning Officer.

Disposal of lost identity cards.

“38. Any person who finds a lost identity card shall forthwith deliver it to some responsible officer at a post office or postal receiving office or at the office of a Returning Officer and shall give particulars of the circumstances in which the card was found.

Unauthorized marks on identity cards.

“39.—(1.) A person shall not, otherwise than in accordance with this Part, or with any instructions or directions given thereunder, in any manner whatsoever mark, perforate, alter, add to, deface or damage any identity card or any particulars or information appearing thereon.

“(2.) The Director-General may, by order published in the Gazette, authorize any person, or persons included in any class or description of persons specified in the order, in relation to identity cards generally, or in relation to identity cards relating to persons included in any class or description of persons specified in the order, to mark or perforate identity cards or to endorse thereon notations, information or particulars concerning such matters as are specified in the order, and a person so authorized shall observe any directions contained in the order as to the purposes for which, the position on the identity card in which, the manner in which, or the methods by which, any such marks, perforations or endorsements are to be made.

Surrender of identity card in certain circumstances.

“40.—(1.) Where any registered person—

(a) becomes a person specified in any of paragraphs (a) to (e) (inclusive) of regulation 26 of these Regulations; or

 

(b) has embarked for a destination outside the Commonwealth,

notice of the fact shall be given, and the relevant identity card produced or surrendered, under arrangements made by the Director-General with the appropriate Department.

“(2.) A registered person to whom paragraph (a) or (b)of sub-regulation (1.) of this regulation applies, or, where such a registered person is an incapable person, the person who is deemed to be in charge of that incapable person, shall, on demand, surrender the identity card relating to the registered person to a person authorized by the Director-General to receive identity cards in such cases.

Death of registered person.

“41.—(1.) Upon the death of a registered person, any person having possession of his identity card shall deliver it—

(a) before the registration of the death, to the person attending upon the Registrar for the purpose of registering the death; or

(b)within seven days after the date of the death, to the Registrar by whom the death was registered or is required to be registered.

“(2.) Any person attending upon a Registrar for the purpose of registering the death of a registered person shall—

(a) if he has received the registered person’s identity card, deliver it to the Registrar; or

(b) if he has not received the registered person’s identity card, furnish to the Registrar any information within his knowledge as to the name and address of the person having possession of the card.

Registrar to deliver identity card.

“42.—(1.) The Registrar to whom any identity card is delivered in pursuance of the last preceding regulation shall, within seven days after receipt thereof, send it to the Returning Officer of the Electoral Division in which the death took place.

“(2.) If the identity card relating to any registered person whose death has been registered with a Registrar is not so delivered the Registrar shall, as soon as conveniently may be, notify the facts and circumstances to the Returning Officer of the Electoral Division in which the death took place.

Marriage of registered persons.

43.—(1.) Whenever any female registered person marries—

(a) the person celebrating the marriage may, if her identity card is produced for that purpose, endorse at the foot of the front thereof the words ‘Married at (insert place) on (insert date) to (insert name of bridegroom) by me (insert signature of person celebrating marriage); and

(b) she shall, if so required by a Returning Officer, within the time specified by him, attend at his office, or at such other place as he directs, and there produce her identity card for the purpose of the notation thereon of particulars of her marriage.

Duplicated identity cards, &c.

“44.—(1.) A person who has in his possession an identity card, or who is aware that there is on premises under his control an identity card (not in the possession of any other person)—

(a) which does not relate to him, to any person of whom he is deemed to be in charge, or to any person for the time being residing on the premises; or

 

(b) which is an identity card in lieu of which he is aware a duplicate has been issued under this Part,

shall forthwith deliver the identity card to a responsible officer at a post office or postal receiving office or to the office of a Returning Officer, and shall indicate the circumstances giving rise to its delivery.

“(2.) If—

(a) any person finds himself in possession of more than one identity card relating to the one person; or

(b)any person becomes aware that two or more identity cards have been issued relating to the one person, and that those identity cards are or may be in the possession of any person or persons,

he shall immediately report the circumstances to the Returning Officer of the Electoral Division within which he resides.

“(3.) Where two or more identity cards have been issued relating to one person, any person in possession of any of those cards shall comply with any directions of any Returning Officer in relation to that card.

Production of identity cards.

“45.—(1.) The person who is for the time being responsible for the custody of an identity card shall, when so required by any constable on duty, Returning Officer, or National Service Officer, or by any person, or person included in a class of persons, specified by the Director-General by notice published in the Gazette as a person, or class of persons, who may require the production of identity cards, produce the identity card.

“(2.) If the person responsible for the custody of an identity card fails to produce the card when required so to do in pursuance of sub-regulation (1.) of this regulation, he shall, if so required, produce it within two clear days thereafter to the officer in charge of the police station, National Service Office or office of a Returning Officer specified by the person making the demand for its production at the time of the demand.

Special identity cards.

“46.—(1.) Upon application by a registered person, or, in the case of a registered person who is an incapable person, by the person who is deemed to be in charge of the registered person, on a form approved by the Director-General, and upon surrender of the identity card relating to the registered person, a Returning Officer may issue to the person so applying an identity card in the form approved by the Director-General containing in addition to the particulars indicated in Form 4 the following further particulars and means of identification, namely, a photograph, the place and date of birth and visible distinguishing marks, if any, of the person to whom it relates.

“(2.) An identity card so issued shall, for the purposes of these Regulations, be the identity card relating to the registered person.

Appointment of staff.

“47.—(1.) A Returning Officer may, with the approval of an Electoral Officer, appoint such persons as may be necessary to assist him in exercising and discharging his powers, duties and functions under or in pursuance of these Regulations.

“(2.) Subject to these Regulations, persons so appointed shall be employed during the pleasure of the Returning Officer, and on such terms and conditions as the Chief Electoral Officer directs.

 

“(3.) Any such person may be remunerated at a rate not in excess of the rate determined by the Chief Electoral Officer as applicable to the class of work which the person is performing.

Undertaking to be signed by employees.

“48.—(1.) Every person appointed or allotted to assist a Returning Officer in exercising and discharging his powers, duties and functions under this Part shall, before entering upon his duties in connexion with this Part, sign in the presence of the Returning Officer an undertaking in accordance with Form 5.

“(2.) A person who has signed an undertaking in pursuance of this regulation shall not desert from his duty or refuse or wilfully neglect without just excuse to perform the duties allotted to him.

Extent of authority of officers.

“49.—(1.) Subject to this regulation, the Director-General, the Chief Electoral Officer, an Electoral Officer and a Returning Officer may give to or in relation to any person or class of persons employed for any of the purposes of this Part such instructions or directions, whether particular or general, as he thinks necessary for the due performance by that person or class of persons of his or their duties, or in order that the contents of the registration returns may be fully utilized in the interests of the defence of Australia and the prosecution of the war and any such instructions or directions shall be complied with in every particular by the person or persons to or in relation to whom they are given.

“(2.) The Chief Electoral Officer or an Electoral Officer shall not give any such instructions or directions except with the concurrence of the Director-General and except to or in relation to Returning Officers or persons employed in offices of Returning Officers.

“(3.) A Returning Officer shall not give any such instructions and directions except to persons employed in his office, and shall not give any such instructions or directions which are inconsistent with those given by the Director-General, the Chief Electoral Officer or an Electoral Officer.

Officers not to divulge information

“50. Except in the case of the Director-General, where he in his discretion sees fit, a person performing duties in connexion with this Part shall not, except for the purposes of this Part, or in accordance with lawful instructions or directions, divulge or communicate to any person, or make a record of, the contents of any registration return, record, index or other document whatsoever, furnished, issued, provided or kept for the purposes of, or in pursuance of, this Part, or any information furnished in pursuance of this Part or acquired in the course of, or in connexion with, his duties in relation to this Part.

Persons to furnish information.

“51. For the purpose of any inquiries or observations necessary for the proper and correct completion of any registration return, or for the proper carrying out of this Part, any person shall, when required by the Director-General, a National Service Officer, a Registrar, or any person authorized in writing by the Director-General to make requirements under this regulation, within such time as the person making the requirement directs, answer such questions and furnish such documentary or other evidence as it is within the power of the person to answer or furnish.

 

Furnishing of information by Commonwealth and State officials.

“52. Notwithstanding anything contained in any other law, any officer in the service of the Commonwealth, any police, statistical or electoral officer in the service of any State, and any officer in the service of any local governing body shall, upon being so required by a Returning Officer, furnish to the Returning Officer all such information in his possession as is specified in the requirement, being information which, in the opinion of the Returning Officer, is necessary for the proper discharge and performance of the duties, powers and functions conferred, or imposed on him under or in pursuance of this Part.

Registrars-General to furnish particulars of deaths and marriages.

“53.—(1.) A Registrar-General shall, as soon as practicable after the beginning of each month, or at such other times as are arranged with the Director-General, forward to each Returning Officer in the State or Territory (either direct or through an Electoral Officer for the State as may be arranged)—

(a) a list of the names, addresses, occupations, ages, sexes and dates of death of all persons who, on the fifteenth day of March, 1942, had attained the age of 16 years, and whose deaths have been registered during the month immediately preceding the month in which the list is forwarded in respect of any place within the Electoral Division for which the Returning Officer has been appointed; and

(b) a list containing particulars of all marriages of females who, on the fifteenth day of March, 1942, had attained the age of 16 years, which have been registered since that date during the month immediately preceding the month in which the list is forwarded in respect of any place within the Electoral Division for which the Returning Officer has been appointed.

“(2.) The Returning Officer shall, upon receipt of such information, take such action as may be necessary—

(a) to effect any requisite alteration in the records in his possession; and

(b) to obtain the surrender or production, as the case may be, of any identity card.

Arrangements with States, &c.

“54. The Minister may, on the recommendation of the Director-General, enter into any agreement with the Premier of any State or with any organization, undertaking or Government Department in any State, providing for any matter necessary or convenient for the purposes of carrying out or giving effect to this Part, and in particular for—

(a) the use of officers or employees of any such organization, undertaking or department in connexion with this Part; and

(b) the collection and supply by any such organization, undertaking or department, or by any officer or employee thereof, of any information required for the purposes of this Part.

Posters.

“55. For the purposes of this Part, the Chief Electoral Officer may arrange for the preparation of posters and their display at post offices and postal receiving offices throughout the Commonwealth and at such other places as he directs.

 

Envelopes and forms.

“56.—(1.) The Chief Electoral Officer may prepare and make available at post offices and postal receiving offices envelopes for the transmission of forms required by this Part to be filled in and transmitted to Returning Officers.

“(2.) Forms in accordance with Forms 1 and 2, and forms for the purposes of regulation 30 of these Regulations, shall be made available at post offices and postal receiving offices throughout the Commonwealth and at such other places as the Director-General may direct.

“(3.) In relation to persons living in a Territory, the Director-General may authorize the issue of forms substantially in accordance with the forms in the First Schedule, with such modifications as he considers necessary, and any such form used by or in relation to any such person shall be deemed to be in accordance with the corresponding form in the First Schedule.

Postage.

“57. All forms, documents and papers provided for by this Part may be transmitted through the post free of charge, subject to any postal regulations, and all forms, documents and papers so transmitted, if duly addressed, shall, on proof of posting, unless the contrary is shown, be deemed to have been duly received by the person to whom they were addressed on the day when in the ordinary course of post they should have been received at his address.

“Part IV.—Miscellaneous.

Offences.

“58. A person shall not—

(a) neglect or fail to comply with any lawful direction or requirement given or made under these Regulations;

(b) obstruct any person in the exercise of his duties under these Regulations;

(c) knowingly make in any registration return or in a document furnished in pursuance of these Regulations, or in answer to any question asked of him under the authority of these Regulations, any statement which is false or misleading in any material particular;

(d)forge or utter, knowing it to be forged, any registration return or any document provided for under these Regulations;

(e) with intent to deceive—

(i) make a false representation that he or any other person is the person to whom an identity card relates;

(ii) allow any other person to have possession of an identity card for the custody of which he is responsible under Part III. of these Regulations; or

(iii) have in his possession any document so closely resembling an identity card as to be calculated to deceive;

(f) wilfully and without lawful authority alter, or make any false or misleading entry in, any registration return or any record, index, identity card, or document whatsoever furnished, issued, provided or kept for the purposes of Part III. of these Regulations or in pursuance of directions or instructions given thereunder;

 

(g) wilfully make, sign or issue any false or untrue record, index, identity card or document whatsoever purporting to be so furnished, issued, provided or kept;

(h) publish or communicate to any other person any information which to his knowledge has been disclosed in contravention of these Regulations;

(i) having already furnished or caused to be furnished a registration return in respect of himself or some other person as required by Part III. of these Regulations, with intent to deceive or to secure the issue of more than one identity card in relation to himself or to that other person, furnish or cause to be furnished a further registration return in respect of himself or that other person;

(j) being aware that a registration return has been furnished in respect of another person as required by Part III. of these Regulations, with intent to deceive or to secure the issue of more than one identity card in relation to that other person, furnish or cause to be furnished a further registration return in respect of that other person;

(k)knowing that he or any other person is a person mentioned in any of paragraphs (a) to (e) (inclusive) of regulation 26 of these Regulations, furnish, or cause to be furnished, a registration return in respect of himself or that other person, as the case may be.

Evidence of offences.

“59.—(1.) In any proceedings in respect of a contravention of, or failure to comply with, these Regulations—

(a) the averment of the prosecutor that the defendant was, at any specified date, a person in respect of whom a registration return was required to be furnished shall be prima facie evidence of the fact so averred; and

(b) a certificate in writing signed by the Returning Officer hereinafter referred to (of whose signature the court shall take judicial notice) certifying that no registration return has been received from the defendant by the Returning Officer to whom the registration return should have been transmitted or given, as the case may be, in pursuance of Part III. of these Regulations shall be prima facie evidence that the defendant has failed to transmit or give the registration return, as the case may be, to the Returning Officer as required by that Part.

“(2.) In any proceedings in respect of a contravention of paragraph (e), (i) or (j) of regulation 58 of these Regulations, the onus of proving that there was no intent to deceive, or to secure the issue of more than one identity card, shall rest upon the defendant.

Manner of giving requirements and directions.

“60. Any requirement or direction which may be given under these Regulations may be made in writing served by post on the person to whom it is to be given at his last-known place of living in the Commonwealth.

THE SCHEDULES.

Form 1. FIRST SCHEDULE. Reg. 24

[Front. of Form.]

Form WRITE CLEARLY.

C.R. I.

To be filled in by

CIVILIAN MALES

(British Subjects only)

Aged 16 years and over as at

15th March, 1942

.

COMMONWEALTH OF AUSTRALIA—APPLICATION FOR IDENTITY CARD (and Civil Registration).

(Must NOT be filled in by persons actually serving in Navy, Army or Air Force)

(See Instructions other side.)

Christian Names................................................................................... Surname..................................................................................

(BLOCK Letters)

Usual place of living ...................................................................................................................................................................................

(in FULL, giving

street, number, &c.) ....................................................................................................................................................................................

For Office Use.

...............................

...............................

...............................

Commonwealth Electoral Division in which you reside.

If enrolled, Subdivision for which enrolled.

Local Government Area In which you reside.

 

1. (a) Age last birthday..................................................... years.

(b) Date of birth.................... day............................ month..................... year.............. .

2. State whether “natural born” or “naturalized British subject”................................

If naturalized state Naturalization Certificate number.............................................

3. State whether “single,” “married,” “widowed” or “divorced”....................................

4. State number of children under 16 years dependent on you........................................

5. If blind, deaf, dumb, crippled or maimed, state particulars.........................................

If Invalid Pensioner quote Certificate number..........................................................

6. State name of the occupation in which you are now engaged.....................................

(Be exact; See instruction on other side.)

7. State precise nature of business or industry in which you are now working............

8. Employees: State employer’s business name and address in space below.

Employers, Workers on own account: State your business name and address (Add “proprietor”.)

………………………………………………………………………………......

………………………………………………………………………………......

10. State any other occupation or calling which you would be competent and willing to undertake if required 

...................................................................................................................................

11. Are you exempted from service in the Defence Forces?....................................

If Yes—Give reason..................................................................................................

Certificate number (if any).......................................................................

Place of issue...............................................................................................

12. If enrolled and awaiting call up, state which arm of the Defence Forces, e.g., A.I.F. Militia, R.A.A.F., R.A.N., V.D.C., etc

13. If already allotted to a Defence Unit (but not actually serving) state unit, rank, and identification number (if any)

.....................................................................................................................................

14. Give particulars of any Naval, Military or Air Force service since 1914:—

Dates.

Unit, Arm of Service, Rank, &c.

............................................

....................................................................................................................................................................................

............................................

....................................................................................................................................................................................

 

9. If you are employed intermittently in seasonal work, state name of each such

occupation............................................................................................................................

Date................................................................  Usual Signature of applicant....................................................................... …………………………………

 

The Schedules—continued.

[Back of Form.]

o.h.m.s.

Instructions (Form C.R. I).POST FREE.

(i) This application must be filled in by Civilian Men and Youths aged 16 years and over as at 15th March, 1942, who are British Subjects. Applications must not be made by men actually on the paid strength of the Army, Navy or Air Forces. There is a special card for women and girls. No application is required from children under 16 years of age. Non-British Subjects must not fill in this form, but register separately under the National Security (Aliens Service) Regulations.

(ii) Complete, sign and post your application as soon as possible, but in any case before 25th March, 1942.

(iii) Answer all questions applicable to you, and check your answers.

(iv) Use ink and write answers clearly in spaces provided.

(v) The address you give must be your usual place of living and be full and exact. Do not give an address c/ o Post Office or P.O. Box.

(vi) Name of Commonwealth Electoral Division in which you reside and the name of subdivision of which you are enrolled, if unknown, may be ascertained at local post office, police station or by asking your district letter carrier when on his rounds.

(vii) Occupation.—(a) It is important to state the full name of your occupation correctly as described in awards, &c. Be as specific as possible. (For example use exact terms such as “motor mechanic”, “electrical mechanic“, “civil engineer”, “metal machinist, 1st class”, “wood machinist”, “clerk”, “postal assistant”, “builder’s labourer”, “wharf labourer”, “coal miner”. Do not use general terms such as “engineer”, “mechanic”, “woodworker”, “civil servant”, “miner” “labourer”, unless yon indicate the actual nature of the work you do.)

(b) Where applicable add word “employer”, “worker on own account”, “manager”, “foreman”, “overseer”, “apprentice”, “trainee”, “added tradesman” or “elevatee”.

(c) If unemployed write “Unemployed” and state nature of your usual occupation.

(d) If “retired”, “pensioner” or “independent”, state which, and indicate former occupation. If “student” or “dependant” state which, and indicate any occupational qualification you possess.

(viii) Your usual personal signature is necessary as it will be used as a specimen signature.

This card may be posted without an envelope. If you use an envelope mark it

Application for Identity Card”DO NOT FOLD

and address as below—  THE CARD.

Divisional Returning Officer

for the

Commonwealth Electoral Division

of.........................................................

(Insert name of Commonwealth Electorate in which yon reside. No further address necessary.)

 

If your application is in order, your Civilian Identity Card will be posted to you within a few weeks.

The Civilian Identity Card will be required for your protection and to ensure that in an emergency industry and supply of necessities can be effectively organized.

APPLY NOW—IT IS COMPULSORY.

Required under National Security (Man Power) Regulations.

The Schedules—continued.

Form 2. Reg. 24.

[Front of Form.]

WRITE CLEARLY.

Form C.R. 2.

FEMALES

(British Subjects only).

Aged 16 years and over as at

15th March, 1942.

COMMONWEALTH OF AUSTRALIA.

APPLICATION FOR IDENTITY CARD (and Civil Registration).

Christian

Names.................................................................................. Surname.......................................................

(BLOCK letters)

Usual place of living.........................................................................................................................................

(in FULL, giving Street number, &c.)

Commonwealth Electoral Division in which you reside.

If enrolled, Subdivision for which enrolled.

Local Government Area in which you reside.

1. (a) Age last birthday........................................... years. (b) Date of birth......................................... day.......................................... month…………………..year.

State whether “natural born” or “naturalized” If naturalized, state Naturalization Certificate number

2. British Subject

............................................................................  ............................................................................

3. State whether “single,” “married,” “widowed” or “divorced”...........................................................................

4. State number of your children (if any) under 16 years of age...........................................................................................................................................................................................................................................

5. If blind, deaf, dumb, crippled or maimed, state particulars

If Invalid Pensioner quote Certificate number …………………………………………………………………………..

6. State name of occupation in which you are now engaged...................................................................................

7. State any other occupation in which you are able and willing to work if required...........................................................................................................................................................................................................................................

8. State precise nature of business or industry in which you are now working...........................................................................................................................................................................................................................................

EMPLOYEES: State employer’s business name and address ………………………………………………………………..…..

9. EMPLOYERS: WORKERS ON OWN ACCOUNT: State

your business name and address (add “Proprietor”) ……………………………………………………………………

Date................................................................................  Usual Signature of applicant......................................................

1692.—2

The Schedules—continued.

[Back of Form. ]

O. H. M. S.

INSTRUCTIONS (Form C.R.2)POST FREE.

(i) This application must be filled in by Women and Girls aged 16 years and over as at 15th March, 1942, who are British Subjects. Applications must not be made by women actually on the paid strength of the Army, Navy or Air Forces. There is a special card for men and youths. No application is required from children under 16 years of age. Non-British Subjects must not fill in this form, but register separately under the Aliens Control Regulations.

(ii) Complete, sign and post your application as soon as possible, but in any case before 25th March, 1942.

(iii) Answer all questions applicable to you, and check your answers.

(iv) Use ink and write answers clearly in spaces provided.

(v) The address you give must be your usual place of living and be full and exact. Do not give an address c/o Post Office or P.O. Box.

(vi) Name of Commonwealth Electorate in which you reside and of Commonwealth Electoral Subdivision for which you are enrolled may be ascertained from roll at local post office or police station.

(vii) Occupation.—(a) State the name of your occupation correctly as described in awards, &c., Be as specific as possible.

(b) If “pensioner,” “independent,” or “student,” state which. If engaged in Home Duties write “H.D.”

(viii) Your usual personal signature is necessary as it will be used as a specimen signature.

This card may be posted without an envelope. If you use an envelope mark it

Application for Identity Card

and address as below—

DO NOT FOLD

THE CARD.

Divisional Returning Officer

for the

Commonwealth Electoral Division

of 

(Insert name of Commonwealth Electorate in which you reside. No further address necessary.)

 

If your application is in order, your Civilian Identity Card will be posted to you within a few weeks.

The Civilian Identity Card will be required for your protection and to ensure that in an emergency industry and supply of necessities can be effectively organized.

APPLY NOW—IT IS COMPULSORY.

Required under National Security (Man Power) Regulations.

 

The Schedules—continued.

Form 3. Reg. 31.

Commonwealth of Australia.

National Security (Man Power) Regulations.

UNDERTAKING BY DIVISIONAL RETURNING OFFICER.

I of

in pursuance of the National Security (Man Power) Regulations do hereby solemnly and sincerely promise that—

(1) I will faithfully and with due despatch execute and perform the powers, duties and functions conferred or imposed upon or allotted to me as Returning Officer* for the Electoral Division of

in the State of under or pursuant to the said Regulations in accordance in all respects therewith;

(2) Subject to the said Regulations, I will carry out in every particular all directions and instructions given under the said Regulations applicable to me or to the powers, duties and functions conferred or imposed upon or allotted to me as aforesaid, and that I will not desert from my duty, and will not refuse or neglect without just excuse to execute and perform such powers, duties and functions;

(3) I will not wilfully and without lawful authority alter, or make any false or misleading entry in, any registration return, record, index, identity card or document whatsoever furnished, issued, provided or kept for the purposes of the said Regulations or pursuant to the directions or instructions given thereunder;

(4) I will not wilfully make, sign or issue any false or untrue record, index, identity card or document whatsoever purporting to be so furnished, issued, provided or kept; and

(5) I will not, except as allowed by the said Regulations, make a record of, or divulge, the contents of any registration return, record, index or document so furnished, issued, provided or kept, or any information furnished in pursuance of the said Regulations, or acquired in the course of, or in connexion with, my duties in relation to the said Regulations.

Witness Signature

Address of witness Date

 

* In the case of the Returning Officer for the Northern Territory and the Assistant Returning Officer of the Australian Capital Territory appropriate modifications are to be made.

 

The Schedules—continued.

Form 4. Reg. 32.

[Front of Form.]

O.H.M.S.

Form C.R. 3.POST FREE.

Civilian Registration (British Subjects.)

Keep this Identity Card in a cover.

It will fit into an ordinary envelope.

Carry it with you when away from home.

IDENTITY CARD.

Number.

Q....

F.....

....................

Notify any change of place of living on Form C.R. 4 (obtainable at Post Offices.)

If not delivered within 14 days return to Divisional Returning

.................................................................

.................................................................

.................................................................

Officer at………….......................

   

[Back of Form.]

To the person to whom this card is addressed

1. This Identity Card must be signed by you on receipt, in the presence of a witness, and carefully preserved. You may need it under national emergency conditions for important purposes. You must not lose it or allow it to be stolen or permit it to pass into the hands of any unauthorized person. If nevertheless the card is stolen or definitely lost you must immediately report the facts to the Divisional Returning Officer by whom it was issued. Therefore make a separate note now of the address of that officer (see left hand corner on other side) and of the Identity Number shown on this card so that if the card is lost you will be able to quote that number.

2. If you Change your Place of Living (other than temporarily) you must, after making the change notify such change on Form C.R. 4. (obtainable at a Post Office).

3. You must carry this Identity Card with you whenever away from your home. The Card must be shown, at any time on demand, to any person authorized by law to see it.

Witness to Signature—

…………………………………………

Signature of Holder.........................................................

Address of Witness—

Holder’s business

address (at date..........................................................

signing card)

………………………………………...

For Official Purposes, if Required.

A

B

C

D

Any person finding this card should hand it in at a Post Office.

The Schedules—continued.

Form 5. Reg. 48.

Commonwealth of Australia.

National Security (Man Power) Regulations.

UNDERTAKING.

I of

in pursuance of the National Security (Man Rower) Regulations do hereby solemnly and sincerely promise that—

(1) I will faithfully and with due despatch execute and perform the duties in connexion with Part III. of the said Regulations allotted to me by or under the said Regulations in accordance in all respects with the provisions of the said Regulations;

(2) Subject to the said Regulations, I will carry out in every particular all directions or instructions given me by the Divisional Returning Officer* for the Commonwealth Electoral Division of in the State of  or otherwise applicable to me or to the duties allotted to me, and that I will not desert from my duty, and will not refuse or neglect without just excuse to perform the duties allotted to me by the said Divisional Returning Officer;

(3) I will not wilfully and without lawful authority alter, or make any false or misleading entry in, any registration return, record, index, identity card or document whatsoever furnished, issued, provided or kept for the purposes of the said Regulations or pursuant to the directions or instructions given thereunder;

(4) I will not wilfully make, sign or issue any false or untrue record, index, identity card or document whatsoever purporting to be so furnished, issued, provided or kept; and

(5) I will not, except as allowed by the said Regulations, make a record of, or divulge, the contents of any registration return, record, index or document so furnished, issued, provided or kept, or any information furnished in pursuance of the said Regulations, or acquired in the course of, or in connexion with, my duties in relation to the said Regulations.

Witness  Signature

Divisional Returning Officer* of the Date

Commonwealth Electoral Division of

 

* In the case of persons performing duties in relation to the Northern Territory or the Australian Capital Territory, appropriate modifications are to be made.

 

SECOND SCHEDULE.

Reg. 25.

Persons Deemed, for the Purpose of Part III. of these Regulations, to be in Charge of Incapable Persons.

The Chief Resident Officer or other person for the time being in charge of a hospital or of an asylum or institution for the insane or mentally afflicted

The inmates of the hospital, asylum or institution who are incapable persons

Any person for the time being having the actual custody, care or control of an incapable person who is not an inmate of a hospital, asylum or institution

The incapable person

 

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

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