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

STATUTORY RULES.

1942. No. 491.

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REGULATION 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 Regulation under the National Security Act 1939-1940.

Dated this Thirteenth

day of November, 1942.

Deputy of the Governor-General.

By His Excellency’s Command,

for and on behalf of the Minister of

State for Defence.

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Amendment of the National Security (Military Forces) Regulations.

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

Members of the Forces sentenced abroad and returned to Australia.

“18.—(1.) Any member of the Military Forces who, while absent from Australia—

(a) has been convicted of an offence by a civil Court in any part of His Majesty’s dominions outside Australia and has been sentenced to undergo a term of imprisonment or penal servitude in respect of that offence, and

(b) prior to the completion of that sentence, is returned to Australia there to undergo his sentence or the residue thereof,

may, on his return to Australia, be imprisoned in a civil or military prison for a period not exceeding the unexpired portion of the term of imprisonment or penal servitude to which he was sentenced.

“(2.) Any writing purporting to be signed by the proper authority of the part of His Majesty’s dominions in which the member was sentenced and purporting to authorize the return of the member to Australia and to furnish particulars of the conviction, the sentence and the portion (if any) of the sentence served by the member prior

 

* Notified in the Commonwealth Gazette on  , 1942.

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

7149.—Price 3d.  25/2.10.1942.

to his departure from that part shall, in the absence of proof to the contrary, be sufficient proof that the member’s return was duly authorized and of the matters stated in the writing.

“(3.) Where any such writing is delivered to the officer in charge of a civil or military prison in any State or Territory of the Commonwealth, it shall be sufficient authority for that officer to receive into custody the member named in the writing and to detain him in the prison for a period not exceeding the unexpired portion of the term of imprisonment or penal servitude to which he was sentenced.”.

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