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

STATUTORY RULES.

1944. No. 104.

REGULATION UNDER THE NATIONAL SECURITY ACT 1939–1943.*

I, 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 fourteenth day of July, 1944.

GOWRIE

Governor-General.

By His Excellency’s Command,

H. V. EVATT

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

 

Amendment of the National Security (Supplementary) Regulations.

Regulation 100‡ of the National Security (Supplementary) Regulations is repealed and the following regulation inserted in its stead:—

Evidence of orders, &c.

“100.—(1.) The mere production of the Gazette or the Government Gazette of a State purporting to contain any instrument or copy of any instrument shall be prima facie evidence that the instrument was duly made, given or issued in the terms set out in the Gazette or in the Government Gazette and that the instrument is in force.

“(2.) The mere production of—

(a) a document purporting to be an extract from the Gazette or the Government Gazette of a State, purporting to be printed or published by the Government Printer for the Commonwealth or for the State, as the case may be, and purporting to contain any instrument or a copy of any instrument; or

 

* Notified in the Commonwealth Gazette on 17th July, 1944.

 Statutory Rules 1940, No. 126, as amended to date. For previous National Security (Supplementary) Regulation see footnote   to Statutory Rules 1944, No. 2; and see also Statutory Rules 1944, Nos. 5, 43, 45, 58, 62, 66, 74, 81, 83, 88 and 92.

‡ Statutory Rules 1948, No. 114.

2974.—Price 3d.

 

(b) a document purporting to be a copy of any instrument and purporting to be printed or published by the Government Printer for the Commonwealth or for a State, as the case may be,

shall be prima facie evidence that the instrument—

(c) was duly made, given or issued to the effect of or in the terms set out in the extract or copy and is in force; and

(d) in the case of an instrument referred to in paragraph (a) of this sub-regulation, was published in the Gazette or the Government Gazette, as the case may be.

“(3.) For the purpose of this regulation, ‘instrument’ means—

(a) any instrument under the National Security Act 1939, or under that Act as amended;

(b) any order, rule, by-law, notice, direction or other instrument made, given or issued under any regulation made under that Act or under that Act as amended; and

(c) any notice, direction or other instrument given or issued under any order, rule or by-law made under any such regulation.”.

 

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