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

Case
No judgment structure available for this case.

STATUTORY RULES.

1943. No. 207.

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.*

I, THE DEPUTY OF 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 sixteenth day of August, 1943.

Deputy of the Governor-General.

By His Excellency’s Command,

(Sgd.) F. M. FORDE

for and on behalf of the Minister of State for Defence.

 

Amendments of the National Security (Military Forces) Regulations.

Termination of appointment or promotion.

1. Regulation 4 of the National Security (Military Forces) Regulations is amended by inserting, after the word “by”, the words and figures “regulation 2 or regulation 3 of”.

Lines of Communication Areas.

2. Regulation 10 of the National Security (Military Forces) Regulations is amended by adding at the end thereof the following sub-regulation:—

“(3.) In any judicial proceedings the averment of the prosecutor or prosecuting officer that a place specified in the charge, information or indictment is within a stated Lines of Communication Area or a division of that Area, shall be conclusive evidence of that fact and that the officer appointed to command the Military Forces in time of war has duly appointed that Lines of Communication Area or that division of that Area.”.

Powers of certain military officers.

3. Regulation 10a of the National Security (Military Forces) Regulations is amended by inserting after sub-regulation (3.) the following sub-regulation:—

“(3a.) Where a member of the Military Forces is appointed to acting rank pursuant to sub-regulation (1.) or sub-regulation (2.) of

 

* Notified in the Commonwealth Gazette on , 1943.

  Statutory Rules 1941, No. 1, as amended by Statutory Rules 1941, Nos. 10, 202, 294 and 295; 1942, Nos. 24, 42, 104, 135, 156, 187, 240, 277, 341, 491 and 492.

3764.—Price 3d. 24/30.6.1943.

this regulation, the substantive rank held by him prior to that appointment shall not lapse but shall remain in abeyance pending confirmation of the appointment by the Governor-General, and, in the event of the Governor-General not confirming the appointment, the member shall revert to that substantive rank from the date on which he receives notification that the appointment has not been confirmed.”.

4. The National Security (Military Forces) Regulations are amended by adding at the end thereof the following regulation:—

Employment on civil work.

“19—(1.) The officer for the time being appointed to command the Military Forces in time of war, or any officer appointed by him for the purpose, may authorize the temporary engagement of members of the Military Forces in urgent civil work of national importance, and, thereupon, it shall be the duty of every such member (hereinafter referred to as ‘the member’) to obey any command given by his superior officer in relation to that work, and every such command shall be deemed to be a lawful military command.

(2.) A person for whom the member is performing or about to perform work in accordance with this regulation (hereinafter referred to as ‘the employer’) shall enter into such undertaking concerning the terms and conditions under or upon which the work is to be performed as the Director-General of Man Power requires.

(3.) The employer shall not, by act or omission, fail to observe or perform any of the terms and conditions contained in any undertaking entered into by him under the last preceding sub-regulation.

(4.) If the member absents himself from work during ordinary working hours without the authority of the employer, the employer shall notify, in writing, the member’s superior officer—

(a) of the time at which the absence commenced, and

(b) if the member returns to work, of the time at which the absence terminated,

immediately upon his becoming aware of the member’s absence, or return, as the case may be.

(5.) If the member becomes ill or suffers injury or dies during the period of his engagement, the employer shall notify, in writing, the member’s superior officer of the fact, together with any information known to him which in any way relates to the member’s illness, injury or death, as the case may be.

(6.) In this regulation, ‘superior officer’ includes any officer or soldier under whose command the member is placed during the period of his engagement in civil work in accordance with this regulation”.

 

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

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0