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

STATUTORY RULES.

1946. No. 46.

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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 NationalSecurity Act 1939-1943.

Dated this sixth day of March, 1946.

HENRY

Governor-General.

By His Royal Highness’s Command,

F. M. FORDE

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:—

Disposal of unclaimed property held by Service Department.

“142.—(1.) Where any private property has been held by the Department of the Navy, the Department of the Army or the Department of Air for a period of twelve months or more and there is no record of the ownership of that property, an authorized person may publish in the Gazette a notice containing the following particulars:—

(a) A description of the property;

(b) The name or designation and address of the officer or person to whom a claim for delivery of the property should be made; and

(c) A statement that the property will be disposed of by the Commonwealth Disposals Commission at the expiration of a period of six months after the date of the notice, if a successful claim for delivery of the property has not been lodged within that period.

* Notified in the Commonwealth Gazette on 7th March, 1946.

Statutory Rules 1946, No. 126, as amended to date. For previous National Security (Supplementary) Regulations see footnote  to Statutory Rules.

9536.—Price 3d.

 

“(2.) Where a claim for the delivery of any private property the subject of a notice published in accordance with sub-regulation (1.) of this regulation is lodged within the period of six months referred to in paragraph (c) of that sub-regulation, the authorized person shall consider the claim and—

(a) if, in the opinion of the authorized person, the claimant is the owner or the person legally entitled to the possession of the property, shall deliver the property to the claimant; or

(b) if, in the opinion of the authorized person, the claimant is not the owner or the person legally entitled to the possession of the property, shall reject the claim.

“(3.) If, after the expiration of the period of six months referred to in paragraph (c) of sub-regulation (1.) of this regulation, a successful claim has not been lodged for the delivery of any private property the subject of a notice published in accordance with that sub-regulation, the authorized person may deliver the property to the Commonwealth Disposals Commission for sale, or, if the property is not saleable, for disposal otherwise as the Commission thinks fit.

“(4.) The net proceeds of any sale effected by the Commonwealth Disposals Commission in pursuance of the last preceding sub-regulation shall be paid into the Consolidated Revenue Fund.

“(5.) The delivery or disposal of any private property in pursuance of sub-regulation (2.) or sub-regulation (3.) of this regulation shall operate as a discharge of the Commonwealth and of any person authorizing or effecting the delivery or disposal of that property from any liability in respect of that delivery or disposal.

“(6.) Nothing in this regulation shall be construed as preventing the delivery of any private property by the departmental custodian of that property to any person who establishes his claim to be the owner or the person legally entitled to the possession of the property prior to the publication of a notice in respect of that property in pursuance of sub-regulation (1.) of this regulation.

“(7.) In this regulation—

‘authorized person’ means a person appointed by the Minister to be an authorized person for the purposes of this regulation;

‘Commonwealth Disposals Commission’ means the Commonwealth Disposals Commission established by the National Security (Disposal of Commonwealth Property) Regulations;

‘member of the Forces’ means a person who is or has been a member of the Naval, Military or Air Forces of the Commonwealth, and includes a person who is or has been a member of a nursing service or women’s auxiliary or other service established in connexion with any of those Forces, and any person who accompanies or has accompanied any part of those Forces on active service and is or was while so accompanying that part in the pay of the Commonwealth and subject to naval, military or air-force law;

‘private property’ means any property, except real estate or an interest in real estate, apparently owned or possessed by a member of the Forces;

‘the Minister’ means—

(a) in relation to any private property held by the Department of the Navy—the Minister of State for the Navy;

(b) in relation to any private property held by the Department of the Army—the Minister of State for the Army; and

(c) in relation to any private property held by the Department of Air—the Minister of State for Air.”.

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