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

STATUTORY RULES.

1942. No. 278.

REGULATION UNDER THE NATIONAL SECURITY ACT 1939-1940.*

I, THE DEPUTY OF 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 twenty-fifth day of June, 1942.

WAKEHURST

Deputy of the Governor-General.

By His Excellency’s Command,

JOHN A. BEASLEY

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:—

“Administration of oaths, &c., to members of certain forces.

63.—(1.) An officer of the Naval, Military, or Air Force of the Commonwealth or of any other part of His Majesty’s dominions, who holds a rank not below the following, namely:—

(a) in the case of a naval officer—Lieutenant;

(b) in the case of a military officer—Captain;

(c) in the case of an officer of an air force—Flight Lieutenant,

or equivalent rank, may, whether in or outside Australia, administer oaths to, take affidavits of, and attest the execution of documents by, any member of a fighting force, and every oath administered by, affidavit sworn before, and document attested by, any such officer in pursuance of this regulation shall be valid and effectual for the purposes of any matter arising in, or under the law of, the Commonwealth or of any State or Territory of the Commonwealth.

“(2.) An officer empowered by the last preceding sub-regulation to administer oaths or take affidavits or to attest the execution of documents shall write, type or stamp legibly, in the jurat or attestation of any document in respect of which the power is being exercised, after his signature, his name and rank, and it shall not be necessary to state the place where the oath is administered or the affidavit is sworn or the document attested.

* Notified in theCommonwealth Gazette on 25th June, 1942.

Statutory Rules 1940, No. 126, as amended to date. For previous National Security (Supplementary) Regulations, see note “ ” to Statutory Rules 1942, No. 246, and see also Statutory Rules 1942, Nos. 265, 269 and 271.

2799.—Price 3d.

“(3.) An affidavit or declaration sworn or made in pursuance of this regulation shall be sufficient in law if it is substantially in accordance with the form provided by any law of the Commonwealth or by any law of the State or Territory of the Commonwealth in which the affidavit or declaration is to be used.

“(4.) Any document purporting to have subscribed thereto the signature of any such officer in testimony of any oath having been administered by or affidavit having been sworn before, or the execution of the document having been attested by, him shall be admitted in evidence without proof of the rank of the officer and without proof that the signature is that of the officer or that the person to whom the oath was administered or by whom the affidavit was sworn or the document executed was, at the date of the swearing or execution, or at any other time, a member of a fighting force.

“(5.) Without affecting the liability of a person under any other law, a person shall not wilfully make a false statement in an affidavit or declaration sworn or made in pursuance of this regulation.

“(6.) In this regulation, unless the contrary intention appears—

‘affidavit’ includes any affirmation, statutory or other declaration, acknowledgment or examination;

‘member of a fighting force’ means—

(a) a member of the Defence Force of the Commonwealth engaged on active service;

(b)a member of the naval, military or air forces of the United Kingdom or of any other part of His Majesty’s dominions or of any allied or other foreign force serving in association with His Majesty’s armed forces;

(c) a person serving with any nursing service, voluntary aid detachment, red cross society, ambulance association or any similar body or organization attached to or accompanying any of the forces mentioned in paragraphs (a) and (b) of this definition; or

(d)a person who is a representative, attached to or accompanying any such force, of any organization which is providing philanthropic, welfare or medical services for members of that force,

and includes any person who, having been such a member or person, is a prisoner of war or is interned in any place outside Australia;

‘oath’ includes an affirmation and a declaration;

‘sworn’ includes affirmed and declared.”.

 

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