National Security (Venereal Diseases and Contraceptives) Regulations (Amendment) (Cth)

STATUTORY RULES.

1943. No. 166.

 

regulations 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 Regulations under the National Security Act 1939-1940.

Dated this twenty-ninth day of June, 1943.

GOWRIE

Governor-General.

By His Excellency’s Command,

E. J. HOLLOWAY

for and on behalf of the Minister of State for Defence.

 

Amendments of the National Security (Venereal Diseases and Contraceptives) Regulations. 

1. After regulation 2 of the National Security (Venereal Diseases and Contraceptives) Regulations, the following regulation is inserted:—

Application of Regulations.

“2a. Where the Minister is satisfied, in respect of any State that the law in force in that State sufficiently carries out the objects of these Regulations (except regulation 12 thereof), the Minister may, by order published in the Gazette, declare that the provisions of these Regulations (except regulation 12 thereof) shall not apply in that State and thereupon those provisions shall not, so long as the order continues in force, apply accordingly.”.

Definitions.

2. Regulation 3 of the National Security (Venereal Diseases and Contraceptives) Regulations is amended—

(a) by omitting from paragraph (f) of the definition of “Chief Health Officer “ the words “The Director of Public Health” and inserting in their stead the words “The Minister for Health”; and

 

* Notified in the Commonwealth Gazette on 30th June, 1943.

 Statutory Rules 1942, No. 377.

3143.—Price 3d.

 

(b) by inserting, after the definition of “Chief Health Officer” the following definitions:—

“‘Chief or other Commissioner of Police’ includes any person for the time being exercising the functions of a Chief or other Commissioner of Police;

“‘member of the Forces’ means any member of the Defence Force of the Commonwealth or of the naval, military or air force of the United Kingdom or of any other part of His Majesty’s dominions or of any Allied or other foreign force serving in association with His Majesty’s armed forces;’’.

Power to require persons to present themselves for medical examination.

3. Regulation 4 of the National Security (Venereal Diseases and Contraceptives) Regulations is amended by inserting, after the word “person” (first occurring), the words “other than a member of the Forces”.

Apprehension of persons on failure to attend for medical examination.

4. Regulation 5 of the National Security (Venereal Diseases and Contraceptives) Regulations is amended—

(a) by omitting from sub-regulation (1.) all the words from and including the words “and bring him” to the end of the sub-regulation; and

(b) by inserting after that sub-regulation the following sub-regulations:—

“(1a.) The constable effecting the apprehension of any such person shall forthwith notify the Chief Health Officer of the apprehension and the Chief Health Officer shall thereupon fix a time and place for the examination of such person by a legally qualified medical practitioner and advise the constable accordingly.

“(1b.) Any person so apprehended may be detained in a hospital or other suitable place appointed by the Chief Health Officer for the purpose, until the time appointed for the examination.

“(1c.) Any constable may bring any person so detained from the place of detention for examination at the appointed time and place and, if any such person refuses to submit himself for examination by a medical practitioner as and when required, the medical practitioner may, with such assistance as he thinks necessary, forcibly examine such person.”.

Detention of persons suffering from venereal disease.

5. Regulation 6 of the National Security (Venereal Diseases and Contraceptives) Regulations is amended by omitting the words “If any suspected person refuses to submit himself to medical examination as and when required, or if, on examination, he” and inserting in their stead the words “If, on examination, the suspected person”.

6. After regulation 7 of the National Security (Venereal Diseases and Contraceptives) Regulations, the following regulation inserted:—

Powers of Magistrates in remote districts.

“7a. If any legally qualified medical practitioner in any State is satisfied that there are reasonable grounds for suspecting that any person in any place more than three hundred miles from the capital

 

city of that State is suffering from venereal disease, the medical practitioner shall notify the nearest Police, Stipendiary or Special Magistrate of the name and address of the person so suspected and, thereupon, the Police, Stipendiary or Special Magistrate so notified shall have, and may exercise, in relation to that person, all the powers and functions of the Chief Health Officer under regulations 4, 5 and 6 of these Regulations, and those regulations shall apply to and in relation to any such person accordingly:

Provided that no person shall be detained by direction of a Police, Stipendiary or Special Magistrate under this regulation for any period longer than six weeks.”.

Notification of names of members of the Forces infected.

7. Regulation 8 of the National Security (Venereal Diseases and Contraceptives) Regulations is repealed and the following regulation inserted in its stead:—

“8. Notwithstanding anything contained in any law of the State, when a Chief Health Officer has notice that any member of the Forces is suffering from or is suspected to be suffering from venereal disease, the Chief Health Officer shall notify the Senior Administrative Medical Officer of the Service or Force to which the member is attached in the State in which the Chief Health Officer is functioning of the name of the member, together with such other particulars within the Chief Health Officer’s knowledge as may establish the identity and address of the member.”.

Indemnity in respect of action taken in pursuance of these Regulations.

8. Regulation 10 of the Rational Security (Venereal Diseases and Contraceptives) Regulations is amended—

(a) by inserting, after the word “Officer,”, the words “Police, Stipendiary or Special Magistrate, medical practitioner,”;

(b) by omitting the words “apprehension and” and inserting in their stead the words “apprehension, examination or”; and

(c) by inserting, after the word “apprehended”, the word “, examined”.

 

By Authority: L. F.