National Security (Munitions) Regulations (Amendment) (Cth)

STATUTORY RULES.

1948. No. 2.

 

REGULATION UNDER THE DEFENCE (TRANSITIONAL PROVISIONS) ACT 1946-1947.*

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 Defence (Transitional Provisions) Act 1946-1947.

Dated this eighth day of January, 1948.

W. J. McKELL

Governor-General.

By His Excellency’s Command,

R. T. POLLARD

for and on behalf of the Minister of State for Post-war Reconstruction.

 

Amendment of the National Security (Munitions) Regulations. 

After regulation 33 of the National Security (Munitions) Regulations the following regulations are inserted :—

Entry upon and use of land.

“34.—(1.) The Minister may authorize entry upon, and the use on behalf of the Commonwealth of, any area of land or water for the purposes of the setting up of ranges and establishments in Australia for testing, or for carrying out operations for the testing, of long-range weapons in pursuance of these Regulations.

“(2.) A person who suffers any loss or damage by reason of anything done in pursuance of sub-regulation (1.) of this regulation in relation to any land or water in which he has any legal or equitable interest shall be entitled to be paid such compensation as is determined by agreement with the Minister or, in the absence of agreement, as is determined by a court of competent jurisdiction.

“(3.) This regulation shall bind the Crown in right of the Commonwealth or of a State.

Prohibited areas.

“35.—(1.) If it appears to the Minister that, with respect to any place used or intended to be used as a factory, range or establishment for the provision or testing, or for carrying out operations for the testing, of long-range weapons, it is necessary or expedient in the interests of the safety or defence of the Commonwealth that special precautions should be taken to prevent the entry of unauthorized persons into that place, he may, by notice published in the Gazette, declare that place to be a prohibited area for the purposes of these Regulations and that place shall, until the notice is revoked, be a prohibited area for the purposes of these Regulations.

 

* Notified in the Commonwealth Gazette on 9th January, 1948.

  Being the Regulations having that title as in force under the Defence (Transitional Provisions) Act 1946-1947, as amended by Statutory Rules 1947, No. 98. The Regulations under the National Security Act 1939-1946 having the corresponding title comprise Statutory Rules 1945, No. 84, as amended by Statutory Rules 1946, No. 175.

27.—Price 3d.

“(2.) A person shall not enter, be or remain in a prohibited area except with the permission of an authority or person authorized by the Minister to give such permissions.

“(3.) A permission under the last preceding sub-regulation may be given subject to such conditions (including conditions as to the conduct in the prohibited area of the person to whom the permission is given) as the authority or person giving the permission considers necessary for the protection of persons and property in the area and of official secrets, and a person shall comply with and observe every such condition which is applicable to him.

“(4.) A person who enters, is or remains in a prohibited area in contravention of this regulation, or who fails to comply with or observe any condition applicable to him under the last preceding sub-regulation may, without prejudice to any proceedings which may be taken against him, be removed from the prohibited area by or under the direction of a constable or Commonwealth officer or person thereto authorized by the Minister.

“(5.) Where, by reason of this regulation or of anything done in pursuance of this regulation, a person ordinarily resident in a prohibited area at the time when the area becomes a prohibited area suffers any loss or damage in circumstances which, in the opinion of the Minister, entitle him to be compensated by the Commonwealth, he shall be paid by the Commonwealth such compensation as the Minister determines.

“(6.) This regulation shall bind the Crown in right of the Commonwealth or of a State.

Protection of persons and property.

“36.—(1.) If in respect of any factory the Minister is satisfied that safety measures should be taken against risks arising from any operations at that factory or for the protection of property of the Commonwealth, he may authorize the taking of such action as appears to him to be necessary or expedient for the protection of persons or property in the factory.

“(2.) The power of the Minister under this regulation shall include power to authorize the search of persons entering or seeking to enter, or being within, any factory : Provided that no woman shall be searched in pursuance of any such authorization except by a woman.”.

 

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