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

STATUTORY RULES.

1943. No. 268.

 

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-first day of October, 1943.

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.

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

Recovery of fines by attachment of debts.

“114.—(1.) Where any fine has, whether before or after the commencement of this regulation, been imposed on any person (in this regulation referred to as ‘the defendant’) for an offence against the National Security Act 1939-1943, the person who laid the charge in respect of which the fine is or was imposed, or a person holding the office, or performing the functions, of Deputy Commonwealth Crown Solicitor, may serve, or cause to be served, on any person who is indebted to the defendant, or who is a party to an agreement with the defendant under which he will or may become indebted to the defendant, (in this regulation referred to as ‘the garnishee’) a copy of the conviction, certified by the clerk or other proper officer of the court by which the defendant is or was convicted, and a statutory declaration stating that the fine has not been paid by the defendant on the due date and setting out the amount due by the defendant under the conviction.

“(2.) For the purposes of this regulation, where the fine is payable by instalments and any instalment has not been paid on the due date the whole of the unpaid portion of the fine shall thereupon become due and payable.

 

* Notified in the Commonwealth Gazette on 21st October, 1943.

Statutory Rules 1940, No. 126, as amended to date. For previous National Security (Supplementary) Regulations, see footnote   to Statutory Rules 1943, No. 256, and see also Statutory Rules 1943, No. 267.

6386.—Price 3d.

“(3.) The service upon the garnishee of a copy of a conviction and a statutory declaration in pursuance of this regulation shall bind the debt in his hands, and the garnishee shall, in priority to all other liens or charges (if any) on the debt, forthwith pay to the clerk or other proper officer of the court the debt due or which may become due by the garnishee to the defendant or so much thereof as is sufficient to satisfy the fine:

Provided that, in no case where a debt due by the garnishee to the defendant represents salary or wages due to the defendant shall the garnishee pay, to the clerk or other proper officer of the court, any amount of the debt which will reduce the amount to be received by the defendant by more than Two pounds per week or by more than one-quarter of the amount which would, but for the provisions of this regulation, be payable to the defendant, whichever is the less.

“(4.) Payment made by the garnishee under this regulation shall be a valid discharge to him as against the defendant to the amount paid, and no claim, action, suit or other proceeding shall be made or brought against the garnishee by any third person having a lien or charge upon the amount.

“(5.) If any payment made in pursuance of this regulation exceeds the amount due under the conviction, the excess shall be repaid to the defendant.

“(6.) The foregoing provisions of this regulation shall operate without prejudice to any other action which may be taken in relation to the enforcement of fines imposed for offences against the National Security Act 1939-1943, but where, in any case, the clerk or other proper officer of the court is informed by the person who laid the charge or a person holding the office, or performing the functions, of Deputy Commonwealth Crown Solicitor (in this sub-regulation referred to as ‘the informant’) that action is to be taken under this regulation for the recovery of a fine, no other action shall be taken for the enforcement of the fine without the approval of the informant.

“(7.) The foregoing provisions of this regulation shall, with such modifications and adaptations as are necessary, apply in relation to any sum allowed for costs against a defendant in like manner as they apply in relation to a fine imposed on him.”.

 

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