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

STATUTORY RULES.

1943. No. 221.

REGULATION UNDER THE NATIONAL SECURITY ACT 1939-1940.*

WHEREAS it appears to me to be expedient for securing the defence of the Commonwealth and the Territories of the Commonwealth to make provision, to the extent specified in the regulation hereinafter contained, for requiring persons to place their property at the disposal of the Commonwealth:

Now therefore 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.

Regulation 72‡ of the National Security (Supplementary) Regulations is repealed and the following regulation inserted in its stead:—

Acquisition of land for purposes connected with defence.

“72.—(1.) Notwithstanding anything contained in any law of the Commonwealth or of any Territory of the Commonwealth, the Minister may, where it appears to him to be necessary in the interests of the defence of the Commonwealth or the efficient prosecution of the war so to do, by order, make provision for varying the manner in which or the purposes for which any land in the Commonwealth or any Territory of the Commonwealth may be acquired or resumed by compulsory process by or on behalf of the Crown or the Commonwealth and any matters arising out of or incidental to such acquisition.

* Notified in the Commonwealth Gazette on , 1943.

Statutory Rules 1940, No. 126, as amended to date. For previous National Security (Supplementary) Regulations, see footnote “ ” to Statutory Rules 1943, No. 48; and see also Statutory Rules 1943, Nos. 63, 87 and 88.

‡ Statutory Rules 1942, No. 408.

1474.—Price 3d. 26/15.4.1943

“(2.) Notwithstanding anything contained in section 15 of the Lands Acquisition Act 1906-1936, where the Governor-General is of opinion that the publication of the fact that any particular land has been acquired by compulsory process under that Act, or of the purpose for which any particular land is proposed to be so acquired, would or might be prejudicial to the defence of the Commonwealth or the efficient prosecution of the war, the Governor-General may, instead of directing, in pursuance of sub-section (1.) of that section, that that land may be acquired, by order direct that that land is acquired by the Commonwealth from the owner by compulsory process for the purposes of the Commonwealth.

“(3.) Upon the making of an order under sub-regulation (2.) of this regulation, the land specified in the order shall, for all purposes, be deemed to be land acquired by compulsory process in pursuance of the Lands Acquisition Act 1906-1936 but, in the application of that Act to or in relation to any such land—

(a) sub-section (2.) of section 15 shall not apply;

(b) the references in Division 3 of Part II., and in section 33, to publication of the notification of acquisition in the Gazette shall be read as references to the making of the order under sub-regulation (2.) of this regulation, and the other references in that Division to the notification or to a copy of the notification shall be read as references to that order or to a copy of that order, as the case may be; and

(c) the reference in subjection (1.) of section 18 to a plan of the land shall be read as a reference to a plan or a description of the land the subject of the order.

“(4.) In this regulation, ‘the Minister’ means—

(a) in relation to land in any of the Territories of Papua, New Guinea and Norfolk Island—the Minister of State for External Territories; and

(b) in relation to land in any other part of Australia—the Minister of State for the Interior.”.

 

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