STATUTORY RULES.
1945. No. 47.
REGULATIONS UNDER THE NATIONAL
SECURITY ACT 1939-1943.*
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 1939-1943.
Dated this eighteenth day of April,
1945.
HENRY
Governor-General.
By His Royal Highness’s Command,
JOHN
A. BEASLEY
for
and on behalf of the Minister of State for Defence.
National Security (Regulations Revision) Regulations (No. 4).
Citation.
1. These Regulations may
be cited as the National Security (Regulations Revision) Regulations (No. 4).
Administration.
2. These Regulations shall
be administered by the Attorney-General.
3. The National Security
(Supplementary) Regulations are amended by adding at the end thereof the
following regulation:—
Persons
entering or inspecting premises, &c., to be authorized in writing.
“133.—(1.) Where, by or
under any regulation made under the National
Security Act 1939, or under that Act as amended, a person is authorized
(whether generally or specifically) to enter or inspect any land or premises or
any article on the land or in the premises, he shall not enter or inspect any
land or premises or article in pursuance of that authority, unless he is in
possession of a document evidencing that authority, and he shall, on demand by
the person occupying or in charge of the land or premises, produce the document
to that person before commencing, or proceeding further with, the entry or
inspection.
“(2.) In this regulation,
‘article’ includes any substance whatsoever and any animal, bird or
other animate thing.”.
*
Notified in the Commonwealth Gazette on
18th April, 1945.
6298.—Price 5d.
Particular
provisions as to inspection, search, seizure, &c.
4. The Regulations
specified in the first column of the First Schedule to these Regulations are
amended as respectively specified in the second column of that Schedule.
Powers
of entry and inspection, search or seizure in Orders.
5.—(1.)
Any power of entry, inspection, search or seizure conferred by or under any
order under any regulation made under the National
Security Act 1939, or under that Act as amended, shall, by force of this
regulation, be of no force or effect.
(2.) Regulation 59 of the National
Security (General) Regulations is amended—
(a) by omitting from paragraph (e) of sub-regulation (1.) the words “, including, in particular, the
entering and inspection of premises to which the order relates by persons
authorized in that behalf by a Minister, with a view to securing compliance
with the order”; and
(b) by inserting, after sub-regulation
(1.), the following sub-regulations :—
‘‘(1a.) If it appears to a Minister to be
necessary, in the interests of the public safety, the defence of the
Commonwealth or the efficient prosecution of the war, to authorize the
inspection of any undertaking or of undertakings included in any class of undertakings—
(a) for the purpose of enabling that
Minister to exercise any of the powers conferred on him by or under this
regulation, or to determine whether, and, if so, in what manner, any of those
powers should be exercised;
(b) for the purpose of securing
compliance with any order made under this regulation by that Minister or with
any direction or requirement consent or licence under any such order;
(c) for the purpose of verifying any
information furnished to that Minister; or
(d) for the purpose of securing that the
work carried on by the undertaking or undertakings is performed in such manner
as that Minister considers best calculated to promote these interests,
he may
issue a warrant in writing to any person named in the warrant (in this
regulation referred to as an “inspector”) authorizing him, together with such
assistants as he considers necessary, to enter and inspect the undertaking or
undertakings of the class specified in the warrant.
“(1b.) An inspector and his assistants may,
on production of the warrant issued to him, enter any premises used or
appropriated for the purposes of any undertaking to which the warrant relates
and may inspect those premises and any articles found in the premises and may
require any person carrying on the undertaking or
employed
in connexion with the undertaking to produce such books, documents, accounts or
records, and to furnish such information, relating to the undertaking, as are
specified, or described in general terms, in the warrant, and may take such
samples and carry out such tests as are so specified or described.
“(lc.) An inspector or his assistants may
make such copies of, or extracts from, any books, documents, accounts or
records produced to or inspected by him as he considers necessary for the
information of the Minister who issued the warrant and may seize any article
which he believes to be evidence of the commission of an offence against the
Act.”.
Aliens.
6.—(1.)
The National Security (Aliens Control) Regulations are amended—
(a) by inserting after regulation 1 the
following regulation:—
Administration.
“1a. These Regulations shall be administered
by the Attorney-General.”; and
(b) by omitting from regulations 19 and 21 the words “Minister of State for Defence Co-ordination” and inserting in their stead the word “Attorney-General”.
(2.) The National Security (Allied
Forces) Regulations are amended by omitting from regulation 2 the words “Minister of State for Defence
Co-ordination” and inserting in
their stead the word “Attorney-General”.
(3.) The National Security (Change
of Name) Regulations are amended—
(a) by inserting after regulation l the
following regulation:—
Administration.
“1a. These Regulations shall be
administered by the Attorney-General.”;
(b) by omitting from sub-regulation (l.)
of regulation 3 the words “Minister
of State for the Army” and
inserting in their stead the word “Attorney-General”; and
(c) by inserting in sub-regulation (2.)
of regulation 3, after the words “shall
not”, the words “, without the consent in writing of the
Attorney-General,”.
Amendment
of provisions to answers given orally under compulsion.
7. The Regulations
specified in the Second Schedule to these Regulations are amended as
respectively specified in the second column of that Schedule.
Miscellaneous
amendments or repeals.
8.—(l.) The regulations
specified in the first column of the Third Schedule to these Regulations are
amended or repealed as respectively specified in the second column of that
Schedule.
(2.) Notwithstanding the repeal of
regulation 5 of the National Security (Supplementary) Regulations by this
regulation, any suspension or cancellation effected under the regulation so
repealed shall remain in force so long as the National Security Act 1939-1943 remains in force or until the
committee of the club or association sooner determines.
THE SCHEDULES.
——
THE
FIRST SCHEDULE.
Regulation 4.
Regulations. | Amendments. |
National Security (Medical Co-ordination and
Equipment) Regulations
| Regulation
44— Omit from sub-regulation (1.) all the words
commencing with the words “impound
or retain’’ and ending with the
words “as the original”, insert “make copies of or extracts from those documents, books or
papers or of any entries therein” Omit from sub-regulation (2.),”or impounding”.
|
National
Security (Vegetable Seeds) Regulations. | Regulation
26— Omit “Any
person authorized in that behalf by the Committee may enter upon any land or
premises and destroy, or cause to be destroyed, any plants”, insert “Any person thereto authorized in
writing by the Committee may enter upon any land or premises specified in the
writing and may destroy, or cause to be destroyed, any plants, or plants
included in a class of plants, so specified”.
|
THE
SECOND SCHEDULE.
Regulation 7.
Regulations. | Amendments. |
National
Security (Evidence) Regulations | Regulation
19— Omit “Where
a person is”, insert “Where a person is obliged to answer
questions orally”.
Omit “,
required to answer questions orally”.
Add the
following proviso :— “Provided that nothing in this
regulation shall prevent any answer or answers given before the commencement
of this regulation from being admitted in evidence against any person if the
person asking the question or questions did not first inform him that he was
required, in pursuance of any such regulation, order, rule or by-law, to
answer the question or questions.”.
|
National
Security (General) Regulations. | Regulation
71— Add the
following sub-regulation :— “(3.) A person shall not be
obliged to answer orally any question or questions unless he has first been
informed by the Minister or the person requiring the information that he is
required and is obliged to answer by virtue of this regulation.”.
|
THE
THIRD SCHEDULE.
Regulation
8.
Regulations. | Amendments and
Repeals. |
National Security (Aliens Control) Regulations National
Security (Aluminium, Copper and Tool Steel) Regulations National
Security (Civil Constructional Corps Compensation) Regulations
| Regulation
14a— |
Omit the
regulation
|
Repeal
the whole |
Regulation
4— |
Omit from the definition of “The management” the words “Allied
Works appointed under the National Security (Allied Works) Regulations” insert “Works”.
|
Regulation
52— |
Omit sub-regulation (3.), insert the following
sub-regulations :— “(3.) In any proceedings in
respect of a contravention of paragraph (a), (c)
or (d) of sub-regulation (1.) of
this regulation, it shall be a defence to prove that the defendant believed,
on reasonable grounds, that the statement or document, as the case may be,
was not false or misleading.
|
“(4.) In any proceedings in
respect of a contravention of paragraph (b)of sub-regulation (1.) of this
regulation, it shall be a defence to prove that the defendant believed, on
reasonable grounds, that the compensation, benefit or instalment was payable.”.
|
National
Security (Civil Defence Workers’
Compensation) Regulations
| Regulation
58— |
Omit from sub-regulation (3.) “of this regulation”, insert, of sub-regulation (1.) of this
regulation”.
|
National
Security (Evidence) Regulations | Regulation
18— |
Omit “regulation” (last occurring), insert “order”.
|
National
Security (Food Control) Regulations | Regulation
10— |
Omit “,
but no such order shall be invalid on the ground only that it has not been so
published”.
|
National
Security (General) Regulations | Regulation
31— Omit from sub-regulation (3.) “or his known character as proved,”
Regulation
31A— Omit sub-regulation (6.)
Regulation
42— Omit sub-regulation (1.), insert the following
sub-regulations :—
“(1.) A person shall not— (a)endeavour, by means of any false
statement, false document or false report, to influence public opinion
(whether in Australia or elsewhere) in a manner likely to be prejudicial to
the defence of the Commonwealth or the efficient prosecution of the war; or
|
The Third Schedule-continued.
Regulations. | Amendments and
Repeals. |
National Security (General) Regulations—continued.
| (b) do any
act or have any article in his possession with a view to making or
facilitating the making of any such endeavour.
|
“(1a.)
It shall be a defence to any prosecution in respect of a contravention of
this regulation to prove that the person by whom the contravention is alleged
to have been committed had reasonable cause to believe and did in fact
believe that the statement, document or report in question was true.”
|
Regulation
50— |
Omit the regulation.
|
Regulation
71— |
Omit from sub-regulation (1.) “authority”,
insert “Minister”.
|
Omit sub-regulation (1aa.), insert following sub-regulation
:—
|
“(1aa.) In any prosecution
for a contravention of the last preceding sub-regulation in respect of a
failure to furnish information or to produce an article in accordance with a
requirement by the Minister or other person, a certificate, in writing,
signed by the Minister or the person who made the requirement, certifying
that, at the time of making the requirement, the Minister or that person, as
the case may be, considered it necessary or expedient in the interests of the
public safety, the defence of the Commonwealth or the efficient prosecution
of the war to obtain the information or examine the article, shall be prima facie evidence of the matters
contained in the certificate.”.
|
Omit from sub-regulation (2.) “authorized in that behalf by a
Minister”, insert “thereto authorized in writing by a
Minister personally”.
|
Insert in that sub-regulation, after “papers”,
“mentioned or described in the
authority”.
|
National
Security (Internal Combustion Engines) Regulations
| Regulation
12— |
Omit “,
but no such order shall be invalid on the ground only that it has not been so
published.”
|
National
Security (Prices) Regulations | Regulation
32a— |
Omit from sub-regulation (6.) the word “it” and
insert in its stead the words “a
copy of the paper containing the averment”. Add at the end thereof the following sub-regulations
:—
|
“(7.) Service of a copy of the
paper containing the averment may be proved in the same manner as service of
the process requiring the defendant’s
attendance before the Court may be proved.
|
The Third Schedule—continued.
Regulations. | Amendments and
Repeals. |
National Security (Prices) Regulations —continued.
| “(8.) Upon the hearing of any
information or complaint in respect of a contravention or failure to comply
with any provision of these Regulations or with any order made in pursuance
of any such regulation, the Court may, if the amendments can be made without
hardship or injustice to the defendant, allow such amendments to be made in
the writing containing an averment as appears to it to be desirable or to be
necessary to enable the real question in dispute to be determined. “(9.) If in any such case the
Court considers the defendant has been misled by the form of the averment, it
may refuse to allow the amendments adjourn the hearing of the case for such
period as it thinks fit and may make such order as to the costs of the
adjournment as it thinks proper.”.
|
National
Security (Shipping Co-ordination) Regulations
| Regulation
119— |
Omit “suspects
or has reason to believe”, insert “is
satisfied that there are grounds for suspecting”
|
Omit “may
be found”, insert “is, without
lawful excuse,”
|
Omit “who
he has reasonable grounds to believe has recently left, or to be”, insert “as to whom he is satisfied that there
are grounds for suspecting that he has recently left or is”
|
Omit ‘‘or
the possession of which gives rise to a suspicion that such contravention is
about to be committed”
|
National
Security (Stock Dispersal) Regulations | Repeal
the whole |
National
Security (Supplementary) Regulations | Regulation
5— |
Omit
the regulation
|
Regulation
15— |
Omit the regulation, insert the following regulation
in its stead :—
Acceptance
of office of Commonwealth Coal Commissioner by Chairman of Repatriation
Commission. |
“15 Notwithstanding anything contained the Australian Soldiers’ Repatriation Act 1920-1943,
the person holding the office of Commonwealth Coal Commissioner, at the
commencement of this regulation, shall not be deemed to have vacated the
office of Chairman of the Repatriation Commission under that Act by reason of
his having engaged in paid employment in the first-mentioned office and he
shall be deemed to be, or to have been, at all times during his tenure of the
first-mentioned office, on leave granted by the Governor-General in pursuance
of that Act.”
|
The Third Schedule—continued.
Regulations. | Amendments and
Repeals. |
National Security (Supplementary) Regulations—continued.
| Regulations
29 and 29a— |
Omit the regulations
|
Regulation
67— |
Omit sub-regulation (3.), insert the following
sub-regulation :—
“(3.) For the purposes of
proceedings under this regulation, a document purporting to be a certificate
under the hand of the officer commanding a unit or detachment of any part of
the Defence Force or of any other force referred to in the last preceding sub-regulation
that a person named and described in the document was, at the time specified
in the certificate, a member of the Forces or an absentee without leave,
shall be prima facie evidence of
the facts so certified without proof of the handwriting of the officer or of
his command”.
|
Regulations
68 and 92— |
Omit the Regulations
|
By
Authority: L. F. Johnston,
Commonwealth Government Printer, Canberra.