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

STATUTORY RULES.

1945. No. 145.

REGULATION UNDER THE NATIONAL SECURITY ACT 1939–1943.*

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 1939–1943.

Dated this thirteenth day of September, 1945.

W. DUGAN

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.

After regulation 93 of the National Security (Supplementary Regulations the following regulation is inserted:—

Property of deceased, missing or insane members of visiting forces deposited with Banks, &c.

“93a.—(1.) Where a designated officer, properly identified, requests in writing any person or bank to pay or deliver to him any personal property deposited to the credit of or due or belonging to a deceased, missing or insane member of a visiting force, and presents to that person or bank a certificate, in respect of that member, in accordance with the form prescribed in this regulation and a receipt for that property executed by the designated officer, the person or bank shall, subject to the next succeeding sub-regulation, pay or deliver to the designated officer that personal property and, upon that payment or delivery, the person or bank shall be discharged from all liability, whether civil or criminal, in respect of the property so paid or delivered, to the same extent as if the property was paid or delivered to the member.

“(2.) Where any such property has, prior to that request, become subject to a mortgage, pledge or other charge, or to an order or decree of attachment made or issued by a court of competent jurisdiction,

* Notified in the Commonwealth Gazette on 13th September, 1945.

Statutory Rules 1940, No. 126, as amended to date. For previous National Security (Supplementary) Regulations, see footnote   to Statutory Rules 1944, No. 157; and see also Statutory Rules 1944, Nos. 162 and 188; and 1945, Nos. 18, 37, 47, 51, 53, 66, 67, 70, 80, 102, 106, 109, 121, 123, 131, 134 and 136.

7766.—Price 3d.

 

and the person or bank to whom or to which the request is made has notice of the mortgage, pledge, charge, order or decree, that person or bank shall not be obliged to comply with the request until the mortgage, pledge, charge, order or decree has been discharged or satisfied, but shall supply to the designated officer a copy of the mortgage, pledge, charge, order or decree, if in writing, or, if it is not in writing, such particulars thereof as are known to that person or bank.

“(3.) The certificate of the designated officer shall be in accordance with the following form:—

‘I,  , a member of the Naval/Military/Air Force of  , having been designated as the officer officially appointed to secure the effects of  a member of   , do certify that the said  died at   on or about the  day of  , 19  , (or became missing/insane on the  day of 19 ) while in the service of the Naval/Military/Air Force of Signed at  this   day of   , 19

Signature.

No.

Rank.’.

“(4.) Every certificate in accordance with the form prescribed by the last preceding sub-regulation produced by a person, properly identified, purporting to be the designated officer who has signed the certificate shall, for the purposes of this regulation, be conclusive evidence of the facts stated in the certificate and that the person producing the certificate is the person who has signed the certificate and is the proper designated officer appointed and authorized to sign the certificate.

“(5.) In this regulation—

‘bank’ means any person or corporation carrying on the business of banking, and includes the Commonwealth Bank of Australia, and the Commonwealth Savings Bank of Australia;

‘designated officer’ means a commissioned officer of a visiting force officially designated by the proper authority to secure the effects of the deceased, missing or insane member;

‘member of a visiting force’ or ‘member’ includes any person subject to the military law—

(a.) of any part of His Majesty’s dominions, other than the Commonwealth;

(b) of any foreign Power (other than the United States of America) allied or associated with His Majesty in the war; or

 

(c) of any foreign authority recognized by His Majesty as competent to maintain naval, military or air forces for service in association with His Majesty’s forces,

and also includes any member of the Women’s Royal Naval Service, of Queen Alexandra’s Royal Naval Nursing Service (or any reserve of that service) or of any Voluntary Aid Detachment employed under the direction of the Admiralty;

‘military law’ means the law relating to any branch of the armed forces of a visiting force;

‘missing’ includes undergoing detention as a prisoner of war or internment in a country or place under the sovereignty or in the occupation of any country with which His Majesty or any country allied with His Majesty is at war, or internment in a neutral country;

‘properly identified’, in relation to a designated officer, or person purporting to be a designated officer, means that the designated officer or person has produced to the person or bank concerned the signed official order designating him as the responsible individual to receive the effects of the deceased, missing or insane member.”.

 

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