National Security (Subversive Associations) Regulations (Amendment) (Cth)

statutory rules

1940. No. 152.

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 fifth day of August, 1940.

Governor-General.

By His Excellency’s Command,

for and on behalf of the Minister of State for Defence Co-ordination.

 

Amendments of this National Security (Subversive Associations) Regulations.

Minister mayrequireinformation.

1. Regulation 5 of the National Security (Subversive Associations) Regulations is amended—

(a) by inserting in sub-regulation (2.), after the word “rank,”, the words “and any person thereto authorized in writing by a Minister”;

(b) by inserting in that sub-regulation, after the word “unlawful,” (first occurring), the words and may search any person found thereon,”;

(c) by inserting in that rub-regulation, after the word “Force” (third occurring), the words “or a person so authorized” and

(d) by adding at the end thereof the following sub-regulation:—

“(3.) No woman shall, in pursuance of the powers conferred by this regulation, be searched except by a woman.”.

2. Regulations 6b, 6c and 6d of the National Security (Subversive Associations) Regulations are repealed and the following regulation inserted in their stead:—

Disposal of property possessed in pursuance of Regulations.

“6b.—(1.) All property taken possession of, or delivered to a person thereto authorized by a Minister, in pursuance of these Regulations shall be forfeited to the King for the use of the Commonwealth and shall, by force of this regulation, be condemned and—

(a) such of the property as the Attorney-General or an authorized person is satisfied belonged to a body which has been declared to be unlawful, may be destroyed or otherwise dealt with as the Attorney-General directs;

 

* Notified in the Commonwealth Gazette on , 1940.

  Statutory Rules 1940, No. 109, as amended by Statutory Rules 1940, No. 130.

4608.—6/30.7. 1940.—Price 3d.

(b) such of the property as the Attorney-General or an authorized person is satisfied did not belong to such a body and as consists of books, documents or papers which the Attorney-General or an authorized person is satisfied were used or intended to be used in connexion with the activities of such a body, or which, in the opinion of the Attorney-General or an authorized person, advocate unlawful doctrines, may be destroyed or otherwise dealt with as the Attorney-General directs; and

(c) the remainder of the property may be returned to the owners thereof or otherwise dealt with as the Attorney-General directs.

“(2.) If the Attorney-General directs that any such property be sold, the proceeds of the sale shall be dealt with in such manner as the Attorney-General directs.

“(3.) For the purposes of this regulation, all books, documents and papers taken, possession of, on or after the fifteenth day of June, 1940, and before the commencement of this regulation, in any house, premises or place in which a member of the Police Force of the Commonwealth or of a State or Territory of the Commonwealth suspected that there were any books, documents or papers relating to a body which has been declared to be unlawful, shall be deemed to have been taken possession of in pursuance of these Regulations.

“(4.) In this regulation, the expression ‘authorized person’ means a person declared by the Attorney-General to be an authorized person for the purposes of this regulation.”.

Printing and publication of certain matter.

3. Regulation 7 of the Rational Security (Subversive Associations) Regulations is amended by omitting the words “or circulate” and inserting in their stead the words “, circulate or, without lawful excuse (proof whereof shall lie upon him), have in his possession,”.

Indemnity.

4. Where property has, prior to the commencement of this regulation, been taken possession of, or delivered to any person, in pursuance of the National Security (Subversive Associations) Regulations (being Statutory Rules 1940, No. 109) or in pursuance of those Regulations as subsequently amended, no claim shall be made, and no action, suit or other proceeding shall be maintainable in any Court, against any person in respect of his retention in his possession of such property at any time on or after the taking of such possession or delivery and prior to the commencement of this regulation.

 

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