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

STATUTORY RULES.

1945. No. 102

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 second day of July, 1945.

WINSTON DUGAN

Deputy of the Governor-General.

By His Excellency’s Command,

J. B. CHIFLEY

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

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Amendment of the National Security (Supplementary) Regulations.

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

Powers of Auditor-General.

“136.—(1.) Notwithstanding anything contained in any other law, the Auditor-General or an authorized officer shall, at all reasonable times, have full and free access to all accounts, books, documents and papers in the possession of any authority established or appointed under any Regulations made under the National Security Act 1939, or under that Act as amended, (including any quasi-judicial authority), or of any officer or employee under the control of any such authority, being accounts, books, documents or papers which deal with, form the basis of, or are relevant directly or indirectly to, any expenditure of public moneys of the Commonwealth, or any approval for the expenditure of any such moneys, and may make copies of, or extracts from, any such accounts, books, documents, or papers.

 

* Notified in the Commonwealth Gazette on 2nd July, 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 also Statutory Rules 1944, Nos. 162 and 188; and 1945, Nos. 18, 37, 51, 53, 66, 67, 70 and 80.

3929.—Price 3d.

“(2.) Every such authority, officer or employee, shall, upon request at any reasonable time by the Auditor-General or by an authorized officer, produce to him all such accounts, books, documents or papers specified or described in the request, or relevant to any matter so specified or described.

“(3.) Notwithstanding anything contained in any other law, or any oath or declaration made by him, a person shall not be guilty of any offence by reason of anything done by him in pursuance of this regulation.

“(4.) The Auditor-General or any other person shall not divulge or communicate, except, in the course of duty, to another person performing duties under the Audit Act 1901-1934, any information which has come to his knowledge by reason directly or indirectly of this regulation, in any case in which the person from whose custody the accounts, books, documents or papers from which the information was derived were produced could not, but for the provisions of this regulation, lawfully have divulged that information to the Auditor-General or authorized officer:

Provided that this sub-regulation shall not apply to prevent the making, divulging or communicating, in any report of the Auditor-General, of conclusions, observations or recommendations which are based on information obtained in pursuance of this regulation and which do not disclose particulars of the business or financial dealings or position of any person whose name is stated in, or can be inferred from, the report.

“(5.) Is this regulation, ‘authorized officer’ means an officer authorized by the Auditor-General to act under this regulation.”.

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