National Security (Military Forces) Regulations (Amendment) (Cth)

STATUTORY RULES.

1941. No. 294.

REGULATION UNDER THE NATIONAL SECURITY ACT 1939-1940.*

WHEREAS by section 13a of the National Security Act 1939-1940 it is enacted, inter alia, that the Governor-General may make such Regulations making provision for requiring persons to place themselves, their services and their property at the disposal of the Commonwealth, as appear to him to be necessary or expedient for securing the public safety, the defence of the Commonwealth and the Territories of the Commonwealth, or the efficient prosecution of any war in which His Majesty is or may be engaged:

And whereas it appears to me to be necessary or expedient for securing the public safety, the defence of the Commonwealth and the Territories of the Commonwealth, and the efficient prosecution of the war in which His Majesty is engaged that a Regulation should be made requiring certain persons, to the extent specified in the following Regulation, to place themselves and their services at the disposal of the Commonwealth:

Now therefore, I, the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the National Security Act 1939-1940.

Dated this sixteenth day of December, 1941.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

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

———

Amendment of the National Security (Military Forces) Regulations.

After regulation 6 of the National Security (Military Forces) Regulations the following regulations are added:—

Civilians accompanying the Military Forces.

“7.—(1.) Any person, not being a member of the Military Forces of the Commonwealth, who is employed by, is in the service of, is a follower of or who accompanies any part of those Forces on war service outside Australia shall be subject to the Defence Act 1903-1941

* Notified in the Commonwealth Gazette on , 1941.

  Statutory Rules 1941, No. 1, as amended by Statutory Rules 1941, Nos. 10 and 202.

1071.—19/23.10.1941.—Price 3d.

as if he were a member of those Forces, and, for the purposes of the application to and in relation to any such person of the provisions of the Army Act, he shall be deemed to be a ‘person subject to military law’ within the meaning of that expression as used in those provisions in the following manner:—

(a)if he accompanies or is attached to the Military Forces by order of the Governor-General or of the Minister of State for the Army in an official capacity equivalent to that of an officer or if he holds a pass from the officer commanding the part of the Military Forces to which he is attached, entitling him to be treated on the footing of an officer—as an officer;

(b) in all other cases—as a soldier:

Provided that a person not otherwise subject to military law who is made so subject by virtue of this regulation shall not be tried or punished or have the right to elect to be tried by court-martial.

(2.) In its application to and in relation to a person made subject to military law by virtue of this regulation, section 184 of the Army Act shall be read as if—

(a) the words ‘and the Defence Act 1903-1941 of the Commonwealth of Australia’ were inserted after the words ‘this Act’ (wherever occurring);

(b) paragraph (1) were omitted; and

(c) the words ‘but such person shall not be liable to be punished by a commanding officer’ were omitted from paragraph (2).

Divorced men liable for training.

“8. For the purposes of section 60 of the Defence Act 1903-1941, the word “widowers” wherever occurring in that section shall be deemed to include men who have obtained a divorce or who have been divorced, and have not since re-married.”

 

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