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

STATUTORY RULES.

1942. No. 132.

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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 sixteenth day of March, 1942.

GOWRIE

Governor-General.

By His Excellency’s Command,

JOHN A. BEASLEY

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

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Amendments of National Security (Supplementary) Regulations.

Power to regulate closing hours of hotels.

1.Regulation 21 of the National Security (Supplementary) Regulations is amended by omitting sub-regulation (6.).

2.After regulation 44 of the National Security (Supplementary) Regulations the following regulation is inserted:—

Power of State Premiers to control sale of liquor.

“45.—(1.) Notwithstanding anything contained in the law of any State, where the Premier of the State is of opinion that it is in the interests of the defence of the Commonwealth or the effectual prosecution of the war that limitations or restrictions on the sale, supply, disposal, possession or use of intoxicating liquor in the State, additional to, or different from, the limitations and restrictions prescribed by the laws of the State, should be imposed, he may, by order published in the Government Gazette of the State, prohibit, restrict, control or regulate the sale, supply, disposal, possession or use of intoxicating liquor in the State.

“(2.) Any such order may be made so as to apply either throughout the State or to any area or premises therein, may make different provisions with respect to different classes of premises, may provide for exempting any premises (either absolutely or conditionally) from any

 

*Notified in the Commonwealth Gazette on 16th March, 1942.

 Statutory Rules 1940, No. 126, as amended by Statutory Rules 1940, Nos. 151, 169, 213, 228, 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, 90, 111 and 125.

1969.—Price 3d.

of the provisions of the order, and may contain such incidental and supplementary provisions as appear to the Premier to be necessary or expedient for the purposes of the order.

“(3.) Any such order may declare or direct that any matter or thing shall or may, from time to time, be done, determined, applied, regulated, required, directed or prohibited, either generally or in any particular case or class of cases, by a person authorized by the order for the purposes thereof, and thereupon the matter or thing shall or may be done, determined, applied, regulated, required, directed or prohibited accordingly.

“(4.) A person shall not—

(a) fail to comply with any requirement or direction made or given to him under any such order by a person so authorized;

(b) do anything which he is prohibited, under any such order by a person so authorized, from doing; or

(c) obstruct or interfere with any person so authorized in the performance of his duties or exercise of his powers under any such order.

“(5.) Any member of the Police Force of the Commonwealth, or of a State or Territory of the Commonwealth, if not below the rank of sergeant, or if authorized in writing by a member of the Force not below that rank to act under this regulation, shall at all times have full and free access to, and may, if need be by force and with such assistance as is necessary, break open, enter and search, any premises in, or in respect of which, he has reason to believe or suspect that any order under this regulation has been, or is being, contravened, or has not been, or is not being, complied with, and may search any person found therein, and may take possession of, and remove from the premises, anything with respect to which he is satisfied or suspects any contravention of the order has been, is being, or is about to be, committed.

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

“(7.) Without prejudice to any proceedings which may be taken against any other person, if any order made under this regulation is contravened or not complied with in respect of any premises, the occupier of the premises shall be guilty of a contravention of, or non-compliance with, the order:

“Provided that, in any proceedings which, in pursuance of this sub-regulation, are taken against any person in respect of a contravention of, or non-compliance with, such an order on the part of another person, it shall be a defence for the defendant to prove that the contravention occurred without his knowledge and that he exercised all due diligence to secure compliance with the order.

“(8.) The powers conferred by this regulation on the Premier of a State may, in relation to any Territory of the Commonwealth, be exercised by a Minister and in the application of this regulation to any such Territory references therein to any State and the State shall be read as references to any Territory and the Territory respectively, and any reference therein to the Government Gazette of the State shall be read as a reference to the Commonwealth of Australia Gazette.”.

 

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