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

STATUTORY RULES.

1943. No. 78.

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 twenty-seventh day of March, 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:—

Property of deceased and missing members of United States Forces deposited with banks, &c.

“93.—(1.) Where a designated officer, properly identified, requests in writing any person or bank to pay or deliver to him any personal property deposited to the credit of or due or belonging to a deceased or missing member of the Armed Forces of the United States of America, and presents to that person or bank a certificate, in respect of that member, in accordance with the form prescribed in this regulation and a receipt for that property executed by the designated officer, the person or bank shall, subject to the next succeeding sub-regulation, pay or deliver to the designated officer that personal property and, upon that payment or delivery, the person or bank shall be discharged from all liability, whether civil or criminal, in respect of the property so paid or delivered, to the same extent as if the property was paid or delivered to the member.

* Notified in the Commonwealth Gazette on 29th March, 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, No. 63.

1935.—Price 3d.

 

“(2.) Where any such property has, prior to that request, become subject to a mortgage, pledge or other charge, or to an order or decree of attachment made or issued by a court of competent jurisdiction, and the person or bank to whom or to which the request is made has notice of the mortgage, pledge, charge, order or decree, that person or bank shall not be obliged to comply with the request until the mortgage, pledge, charge, order or decree has been discharged or satisfied, but shall supply to the designated officer a copy of the mortgage, pledge, charge, order or decree, if in writing, or, if it is not in writing, such particulars thereof as are known to that person or bank.

“(3.) The certificate of the designated officer shall be in accordance with the following form:—

‘I, , having been designated as the officer officially appointed to secure the effects of  a person subject to the military laws of the United States of America, do certify that the said  died at  on or about the  day of  , 19  , (or became missing on the   day of  , 19 ) while in the service of the Armed Forces of the United States.

‘Signed at  this

day of   , 19  .

Signature  A.S.N.

Grade   Organization.’.

“(4.) Every certificate in accordance with the form prescribed by the last preceding sub-regulation produced by a person, properly identified, purporting to be the designated officer who has signed the certificate shall be conclusive evidence, for the purposes of this regulation, of the facts stated in the certificate and that the person producing the certificate is the person who has signed the certificate and is the proper designated officer appointed and authorized to sign the certificate.

“(5.) In this regulation—

‘bank’ means any person or corporation carrying on the business of banking, and includes the Commonwealth Bank of Australia, and the Commonwealth Savings Bank of Australia;

‘member of the Armed Forces of the United States of America’ or ‘member’ includes any person subject to the military law of the United States of America;

‘missing’ includes undergoing detention as a prisoner of war or internment in a country or place under the sovereignty or in the occupation of any country with which His Majesty or any country allied with His Majesty is at war, or internment in a neutral country;

‘designated officer’ means a commissioned officer in the United States Military Forces officially designated by the proper authority to secure the effects of the deceased;

‘properly identified’, in relation to a designated officer, or person purporting to be a designated officer, means that the designated officer or person has produced to the person or bank concerned the signed official order designating him as the responsible individual to receive the effects of the deceased or missing member for transmittal to the higher American military authority, and has produced his War Department Officers’ Identification Card containing his signature, Army serial number, picture, and right-hand finger prints.”.

 

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