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

STATUTORY RULES.

1944. No. 135.

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REGULATION UNDER THE NATIONAL SECURITY ACT 1939-1943.*

I, THE ADMINISTRATOR of the Government of 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 eighth day of September, 1944.

WINSTON DUGAN

Administrator.

By His Excellency’s Command,

ARTHUR S. DRAKEFORD

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:—

Execution of sentences imposed on members of Air Force outside Australia.

“129.—(1.) A sentence passed upon, or punishment awarded, a member of the Air Force by a service court or a service authority of a Home Force or a Dominion Force while the member is attached to the Home Force or Dominion Force outside Australia, shall within Australia be as valid and effectual, and, to the extent to which it has not been executed or enforced outside Australia, may be executed or enforced in Australia, as if it had been passed or awarded by a court-martial constituted under or by virtue of the Air Force Act 1923-1941 or the regulations under that Act.

“(2.) For the purpose of any legal proceedings within Australia, a certificate under the hand of the Air Member for Personnel that on a date specified in the certificate—

(a)the person named in the certificate was a member of the Air Force attached to a Home Force or Dominion Force specified in the certificate;

(b)a service court or service authority described in the certificate passed the sentence set out in the certificate upon the person named in the certificate or awarded him the punishment set out in the certificate;

 

* Notified in the Commonwealth Gazette on 8th September, 1944.

Statutory Rules 1940, No. 126, as amended to date. For previous National Security (Supplementary) Regulations, see footnote   to Statutory Rules 1944, No. 2, and see also Statutory Rules 1944, Nos. 5, 43, 45, 58, 62, 66, 74, 81, 88, 92, 104, 113 and 127.

5668.—Price 3d.

(c) the service court or service authority described in the certificate was a service court or service authority of the Home Force or Dominion Force to which the person named in the certificate was attached; and

(d) a part, specified in the certificate, of the sentence or punishment set out in the certificate has not been executed or enforced,

shall be evidence of the facts so certified.

“(3.) Nothing in this Regulation shall be construed as authorizing the carrying into effect of a sentence of death passed by a service court of a Home Force or Dominion Force on a member of the Air Force unless the carrying into effect of that sentence has been approved by the Governor-General.

“(4.) For the purposes of this regulation—

(a) ‘attached to’ means attached or lent to or seconded for service with;

(b)‘Dominion Force’, ‘Home Force’, ‘service court’ and ‘service authority’ have the same meanings respectively as in the Defence (Visiting Forces) Act 1939; and

(c) ‘the Air Force’ means the Royal Australian Air Force established under the Air Force Act 1923-1941.”.

 

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