National Security (Supplementary) Regulations (Amendment) (Cth)

STATUTORY RULES.

1942. No. 429.

 

REGULATION 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 Regulation under the National Security Act 1939-1940.

Dated this seventh day of October, 1942.

Governor-General.

By His Excellency’s Command,

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

 

Amendment of the National Security (Supplementary) Regulations.

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

Members of State Parliaments holding offices of profit connected with the prosecution of the war.

“75.—(1.) Notwithstanding anything to the contrary contained in the laws or Constitution of any State—

(a)the seat of a member of the Parliament of a State shall not become vacant, and shall not be deemed or taken to have become vacant;

(b)the election or appointment of any person to be a member of any such Parliament shall not be, and shall not be deemed or taken to have been, in any way invalidated;

 

* Notified in the Commonwealth Gazette on , 1942.

  Statutory Rules 1940, No. 126, as amended by Statutory Rules 1940, Nos. 151, 169, 213, 228, 233, 234, 245 and 257; 1941, Nos. 75, 88, 100, 140, 197, 200, 222, 249, 296, 297, 303, 314, 318, 320 and 323; and 1942, Nos. 16, 20, 21, 36, 40, 50, 57, 62, 63, 72, 78, 90, 111, 125, 132, 147, 150, 153, 154, 157, 161, 172, 175, 185, 188, 189, 197, 201, 213, 215, 219, 230, 233, 239, 242, 246, 265, 269, 271, 278, 280, 282, 295, 353, 361, 370, 376 and 378.

6493.—Price 3d. 30/15.9.1942.

 

(c) no person shall be, or be deemed or taken to have been, disqualified from, or incapable of, being elected or appointed, or being or continuing, a member of any such Parliament, or be, or be deemed or taken to have been, incapable of sitting or voting in any such Parliament; and

(d)no member of any such Parliament, or person sitting or voting as a member, shall be, or be deemed or taken to have been, liable to any penalty,

by reason only that that member or person accepts or holds, or has, at any time since the third day of September, 1939, accepted or held—

(e) any office or place in the Defence Force of the Commonwealth or in the Naval, Military or Air Forces of the United Kingdom or of any other part of His Majesty’s dominions;

(f) any pension in respect of, or arising out of, his service since the third day of September, 1939, in any such Force; or

(g)any office or place of profit or other employment from or under the Crown (whether in right of the Commonwealth or of any State or of the United Kingdom or of any other part of His Majesty’s dominions)—

(i) provided for by or under the National Security Act 1939, or by or under that Act as amended at any time or by or under any regulations made under that Act, or under that Act as so amended, or by or under any order or rule made under any such regulations; or

(ii) which the Minister of State for Defence certifies, by writing under his hand, is, in his opinion, connected with the defence of the Commonwealth or the efficient prosecution of the war,

or receives, or has since the third day of September, 1939, received, any pay or allowance in respect of, or in connexion with, any such office, place or employment.

“(2.) A copy of any certificate given in pursuance of sub-paragraph (ii) of paragraph (g) of the last preceding sub-regulation shall be published in the Gazette.

“(3.) In this regulation any reference to the Parliament of a State shall be deemed to include a reference to any House of any such Parliament.”.

 

By Authority: L. F.