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

STATUTORY RULES.

1944. No. 45.

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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 Twenty-ninth day of February, 1944.

(SGD.) GOWRIE

Governor-General.

By His Excellency’s Command,

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 regulations:—

Forfeiture of goods in conspiracy cases.

“ Where a person is convicted of any offence of conspiracy to which this regulation applies, the Court may, in addition to any other punishment, order the forfeiture of—

(a)any goods sold, acquired, used or otherwise dealt with by that person in relation to the offence; and

(b)any moneys (including moneys standing to the credit of that person in a Bank) which the Court is satisfied are the proceeds of any such sale, acquisition, use or other dealing.

Cancellation of licences.

“ Where a person is convicted of any offence of conspiracy to which this regulation applies, the Court may, in addition to any other punishment, order the cancellation either absolutely or for such period as it thinks fit, of any licence—

(a) held by that person; or

(b) held by any other person in respect of any premises on which any goods were sold, acquired, used or otherwise dealt with in relation to the offence,

under any law of a State relating to licences for the sale or disposal of intoxicating liquor and every such cancellation shall have effect as provided in that law.

 

* Notified in the Commonwealth Gazette on  , 1944.

Statutory Rules 1940, No. 128, as amended to date. For previous National Security (Supplementary) Regulations, see footnote   to Statutory Rules 1944, No. 2, and see also Statutory Rules 1944, No. 5.

7884.—Price 3d. 9/10.2.1944.

 

Orders as to the disposal of goods in conspiracy cases.

“ ―(1.) Where a person is charged with any offence of conspiracy to which this regulation applies, the Court before which the charge is to be heard may, upon application by the prosecutor at any time before the determination of the charge and after such notice (if any) and to such person (if any) as it thinks fit to direct, make an order providing for the detention or disposal, pending the determination of the charge, of any money (including moneys standing to the credit of that person in a bank) or goods as to which the Court is satisfied that there are reasonable grounds for believing that the goods have been sold, acquired, used or otherwise dealt with in relation to the offence or that the moneys are the proceeds of any such sale, acquisition, use or other dealing.

“(2.) Any such order may be served upon the person to whom it is directed or applicable by delivering a copy thereof to him by hand or by sending it to him by registered post.

“(3.) The person to whom any such order is directed or applicable shall comply with the order.

Interpretation for purposes of regulations.

“ For the purposes of the last three preceding regulations, ‘any offence of conspiracy to which this regulation applies’ means an offence committed by a person who, in contravention of section 86 of the Crimes Act 1914-1941, conspires with any other person—

(a) to commit any offence against the National Security Act 1939-1943 or the offence of black marketing;

(b) to prevent or defeat the execution or enforcement of the National Security Act 1939-1943 or any regulation or order thereunder or the Black Marketing Act 1942 or any regulation thereunder; or

(c) to effect a purpose unlawful under the National Security Act 1939-1943 or any regulation or order thereunder or the Black Marketing Act 1942 or any regulation thereunder.”.

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