National Security (Prisoners of War) Regulations (Amendment) (Cth)

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STATUTORY RULES.

1942. No. 526.

 

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 Ninth

day of December  , 1942.

Governor-General.

By His Excellency’s Command,

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

 

Amendments of the National Security (Prisoners of War)

Regulations. 

Definitions.

1. Regulation 2 of the National Security (Prisoners of War) Regulations is amended by omitting the definition of “prisoner of war” in sub-regulation (1.) and inserting in its stead the following definition:—

“‘prisoner of war’ includes any person who has been sent to Australia for detention in accordance with arrangements entered into by the Government of the Commonwealth and the Government of the United Kingdom or of any other part of His Majesty’s dominions or by the Government of the Commonwealth and the Government or Administration of any other country or place;”.

Detention of prisoners of war captured outside Australia.

2. Regulation 4 of the National Security (Prisoners of War) Regulations is amended by omitting the words “of any country allied with His Majesty during any war in which His Majesty is or may be engaged” and inserting in their stead the words “between the Government of the Commonwealth and the Government or Administration of any other country or place”.

 

* Notified in the Commonwealth Gazette on , 1942.

  Statutory Rules 1941, No. 178, as amended by Statutory Rules 1941, Nos. 201 and 267; and 1942, No. 315.

5854.—Price 3d. 25/14.9.1942.

Cash accounts.

3. Regulation 13 of the National Security (Prisoners of War) Regulations is amended—

(a) by omitting sub-regulations (3.) and (4.) and inserting in their stead the following sub-regulations:—

“(3.) Where money is received by a Camp Paymaster in pursuance of this regulation he shall pay the money into a general trust account opened at the Commonwealth Savings Bank or a branch thereof:

Provided that the Camp Paymaster may retain in his possession for petty cash purposes moneys not exceeding an amount to be fixed by the Adjutant-General.

“(4.) Any interest credited by the Commonwealth Savings Bank to any account opened in pursuance of this regulation shall be the property of the Commonwealth, and no part of any such interest shall be paid to a prisoner of war or credited to the cash account of a prisoner of war.”; and

(b) by omitting from sub-regulation (5.) the words “paragraph (b) of”.

4. After regulation 13 of the National Security (Prisoners of War) Regulations the following regulation is inserted:—

Transfer of credit balances of prisoners of war.

“13a. Notwithstanding anything contained in any other law, where, under a reciprocal agreement entered into between his Majesty and the Government of an enemy country, facilities are provided for the transfer, wholly or in part, of credit balances of the accounts of prisoners of war to banks or private individuals in their country of origin, the whole or any part of the credit balance in the cash account of any prisoner of war in respect of whom the agreement applies may, from time to time, be transferred in accordance with the terms of the agreement.”.

Saluting.

5. Regulation 25 of the National Security (Prisoners of War) Regulations is amended by omitting the words “Soldier prisoners of war” and inserting in their stead the words “Prisoners of war other than officers”.

Employment of prisoners of war.

7. Regulation 29 of the National Security (Prisoners of War) Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “Soldiers who are prisoners of war” and inserting in their stead the words “Prisoners of war, other than officers and persons of equivalent status and non-commissioned officers or persons of relative rank or rating in any armed force,”; and

(b) by inserting in sub-regulation (2.), after the words “Non-commissioned officers the words “or persons of relative rank or rating in any armed force’’.

 

Inward letters.

8. Regulation 35 of the National Security (Prisoners of War) Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) Subject to censorship, and to the Prisoners of War Camp Orders, no limit shall be imposed on the number of letters, postcards or unmounted photographs of a domestic nature a prisoner of war may receive, but he shall not be permitted to receive picture postcards, photographs of a suspicious or objectionable nature, or letters containing pictures or drawings of such a nature.”.

Execution of sentence of detention awarded by Camp Commandant or officer commanding.

9. Regulation 54 of the National Security (Prisoners of War) Regulations is amended by omitting from paragraph (b) of the proviso to sub-regulation (1.) the words “private soldiers” and inserting in their stead the words “persons of lower status”.

Convening of military courts.

10. Regulation 58 of the National Security (Prisoners of War) Regulations is amended—

(a) by inserting in paragraph (a), after the words “prisoner of war”, the words” or person of equivalent status”; and

(b) by omitting from paragraph (b) the words “a soldier” and inserting in their stead the words “any other”.

Confirmation of findings and sentences.

11. Regulation 77 of the National Security (Prisoners of War) Regulations is amended—

(a) by inserting in paragraph (a), after the words “prisoner of war”, the words “or person of equivalent status”; and

(b) by omitting from paragraph (b) the words “a soldier” and inserting in their stead the words “any other”.

Mitigation, remission or commutation of sentence after confirmation.

12. Regulation 87 of the National Security (Prisoners of War) Regulations is amended—

(a) by inserting in paragraph (a), after the words “prisoner of war”, the words “or person of equivalent status”; and

(b) by omitting from paragraph (b) the words “a soldier” and inserting in their stead the words “any other”.

 

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

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