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

STATUTORY RULES.

1941. No. 296.

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 December, 1941.

Governor-General.

By His Excellency’s Command,

for Minister of State for Defence Co-ordination.

———

Amendments of National Security (Supplementary) Regulations.

Amendment of Statutory Rules 1941, No. 249.

1. Regulation 2 of Statutory Rules 1941, No. 249 is amended by omitting the figures “16”, “17” and “18” and inserting in their stead the figures “15”, “16” and “17”, respectively.

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

Transportation to Australia of wives and children of members of the Forces.

“18.—(1.) The Commission may, without regard to the financial means of any person concerned, authorize the transportation to Australia at the expense of the Commonwealth, within the limits prescribed by this regulation, of the wife or wife and children of a member of the Forces who married during the period of his active service outside Australia.

“(2.) Except as prescribed by sub-regulation (3.) of this regulation, the expense to be borne by the Commonwealth, in respect of each person whose transportation to Australia is authorized, shall be—

(a) the cost of that person’s transportation by the most economical means of conveyance deemed suitable by the Commission, from the person’s place of residence abroad

* Notified in the Commonwealth Gazette on , 1941

  Statutory Rules 1940, No. 126, as amended by Statutory Rules 1940, Nos. 151, 169, 213. 228, 233, 234, 245 and 257; and 1941, Nos. 75, 88, 100, 140, 222 and 249.

7440.—20/9.12.1941.—Price 3d.

to the port of the person’s embarkation abroad for Australia and from the port of the person’s disembarkation in Australia to the place of the person’s intended residence in Australia;

(b) the cost of that person’s passage, third-class, by ship, from such port of embarkation abroad to the port of disembarkation in Australia, unless that class of accommodation is not available, or, with respect to any ship or the whole or any portion of the voyage, the Commission considers that class of accommodation unsuitable, then by the class or type of accommodation or transportation which the Commission approves;

(c) the cost of the transportation of that person’s baggage from the person’s place of residence abroad to the place of the person’s intended residence in Australia;

(d)the cost of any necessary medical treatment or hospital accommodation of that person during the period of the journey or any portion of that cost which the Commission considers reasonable in the circumstances of the particular case;

(e) the reasonable cost of that person’s board and lodging during the period of any break or delay in the journey which the Commission is satisfied was unavoidable or warranted in the circumstances of the particular case; and

(f) any other expenditure during the journey, necessarily incidental to that person’s transportation, the inclusion of which the Commission considers warranted in the circumstances of the particular case.

“(3.) In the case of the wife or the wife and children of a member who is serving or has served under the Empire Air Training Scheme, the expense to be borne by the Commonwealth shall be such proportion of the total cost of transportation as is agreed upon between the Government of the Commonwealth and the Government of the United Kingdom.

“(4.) An application for transportation under this regulation shall not be approved unless the Commission is furnished with satisfactory evidence that the person for whose transportation application is made is likely to be benefited by the proposed transfer of residence.

“(5.) A person shall not be eligible for transportation under this regulation more than once.

“(6.) If any person who would have been eligible under this regulation for transportation to Australia at the expense of the Commonwealth has made the journey at that person’s or another person’s expense, the Commission may, at any time, refund to the person who bore that expense an amount not greater than the sum which would, in the circumstances of the particular case, have been borne by the Commonwealth, if the transportation had been authorized under the preceding provisions of this regulation.

“(7.) The Commission may, by writing under its seal, delegate any of its powers and functions under this regulation in relation to any matters or class of matters, or to any locality, so that the delegated

 

powers and functions may be exercised by the delegate as fully and effectually as by the Commission, with respect to the matters or class of matters specified, or the locality defined, in the instrument of delegation.

“(8.) Every delegation pursuant to the last preceding sub-regulation shall be revocable at will by the Commission, by writing under its seal, and no delegation shall prevent the exercise of any power or function by the Commission.

“(9.) Where the exercise of any power or function by the Commission under, or the operation of any provision of, this regulation is dependent upon the opinion or belief of the Commission in relation to any matter, that power or function may be exercised by the person to whom that power or function has been delegated by the Commission in pursuance of this regulation or that provision may operate (as the case may be) upon the opinion or belief of that person in relation to that matter.

“(10.) In this regulation—

‘active service outside Australia’ has the same meaning as in section 45at of the Act;

‘child’ means a child who is under the age of sixteen years and who is a son, daughter, step-son, step-daughter, adopted son or adopted daughter of a member of the Forces and includes an ex-nuptial child born to a member of the Forces before, or within nine months after, his death or discharge from the Forces or the termination of the war, whichever first happens;

‘member of the Forces’ means any person deemed to be an Australian soldier under sub-section (3.) of section 46 of the Act who is specified in paragraph (a) or (c) of that sub-section;

‘wife’ includes widow;

‘the Act’ means the Australian Soldiers’ Repatriation Act 1920-1941;

‘the Commission’ means the Repatriation Commission constituted under the Act;

‘the war’ means the war which commenced on the third day of September, One thousand nine hundred and thirty-nine.

“(11.) This regulation shall be deemed to have come into operation on the first day of October, One thousand nine hundred and forty-one.”.

 

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