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

STATUTORY RULES.

1943. No. 223.

REGULATION UNDER THE NATIONAL SECURITY ACT 1939–1940.*

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 1939–1940.

Dated this first day of September, 1943.

(SGD.) GOWRIE

Governor-General.

By His Excellency’s Command,

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:—

Maintenance of secrecy regarding defence matters.

“113.—(1.) For the purposes of this regulation—

‘officer’ means a member of the Defence Force or a person who is permanently or temporarily employed in the Department of Defence, the Department of the Navy, the Department of the Army or the Department of Air or in connexion with any part of the Defence Force or any person who is attached to or accompanies any part of the Defence Force;

‘authorized person’ means any person authorized by the Minister to require officers to take an oath or make a declaration pursuant to sub-regulation (3.) of this regulation; and

‘the Minister’ means the Minister of State for Defence, the Minister of State for the Navy, the Minister of State for the Army or the Minister of State for Air.

“(2.) Any person who is or has been an officer shall not either directly or indirectly, except in the performance of any duty as an officer and either while he is or after he ceases to be an officer, make a

 

* Notified in the Commonwealth Gazette on , 1943.

Statutory Rules 1940, No. 126, as amended to date For previous National Security (Supplementary) Regulations, see foot note   to Statutory Rules 1943, No. 48, and see also Statutory Rules 1943, Nos. 63, 78, 86, 87, 88, 103 , 104, 111, 112, 114 and 115.

3343.—Price 3d. 25/27.5.1943.

record of, or divulge or communicate to any person, any information which has come to his knowledge by virtue of his service as an officer with respect to—

(i) the number, description, armament, equipment, disposition, movement or condition of any of the forces, vessels or aircraft of the King or the Commonwealth or of any foreign power allied or associated with His Majesty in any war in which His Majesty is engaged;

(ii) any operations or projected operations of any of those forces, vessels or aircraft;

(iii) any measures for the defence or fortification of any place on behalf of the King or the Commonwealth;

(iv) the number, description or location of any prisoners of war;

(v) munitions of war; or

(vi) any other matter whatsoever information as to which would or might be directly or indirectly useful to an enemy.

“(3.) Any officer shall, if and when required by an authorized person to do so, take an oath or make a declaration of secrecy, in accordance with the following form before a Justice of the Peace or officer empowered under regulation 63 of the National Security (Supplementary) Regulations to administer oaths:—

OATH OF SECRECY.

I, of in the State/Territory of  in the Commonwealth of Australia, being an officer within the meaning of regulation of the National Security (Supplementary) Regulations, do swear that I will not, either directly or indirectly (except as permitted under the said regulation), either while I am, or after I cease to be, an officer, make a record of, or divulge or communicate to any person, any information which has come to my knowledge by virtue of my service as an officer.

So Help Me God!

Signature.

Sworn and subscribed at in the State/Territory of this day of , 19 , before me—

(a) Signature of person before whom oath is taken.

(b) Here insert title of person before whom declaration is taken, i.e., whether a Justice of the Peace.

 

DECLARATION OF SECRECY.

I, of in the State/Territory of in the Commonwealth of Australia, being an officer within the meaning of regulation of the National Security (Supplementary) Regulations do solemnly and sincerely declare that I will not, either directly or indirectly (except as permitted under the said

regulation), either while I am, or after I cease to be, an officer, make a record of, or divulge or communicate to any person, any information which has come to my knowledge by virtue of my service as an officer.

Signature.

Declared at   in the State/Territory of    this   day of  , 19 , before me—

Signature.

[title]

 

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