STATUTORY RULES.
1942.
No. 377.
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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 first day of September,
1942.
Governor-General.
By His Excellency’s Command,
for and on behalf of the
Minister of State for Defence.
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National Security (Venereal Diseases and
Contraceptives) Regulations.
Citation.
1. These Regulations may be
cited as the National Security (Venereal Diseases and Contraceptives)
Regulations.
Administration.
2. These Regulations shall
be administered by the Minister of State for Health.
Definitions.
3. In these Regulations,
unless the contrary intention appears—
“Chief
Health Officer” means—
(a) in relation to the State of New South
Wales—the Commissioner appointed under the Venereal
Diseases Act, 1918 of that State;
(b) in relation to the State of
Victoria—the Chief Health Officer;
(c)in relation to the State of Queensland—the Director-General of Health and
Medical Services;
(d) in relation to the State of South
Australia—the Chairman of the Central Board constituted under the Health Act 1935-1936 of that State;
(e) in relation to the State of Western
Australia—the Commissioner of Public Health; and
(f) in relation to the State of
Tasmania—the Director of Public Health,
and
includes any medical officer for the time being performing the duties of any
such officer;
“venereal
disease” includes gonorrhoea, syphilis, soft chancre and venereal granuloma.
*
Notified in the Commonwealth Gazette on ,
1942.
6202.—Price
3d. 25/26.8.1942.
Power
to require persons to present themselves for medical examination.
4. If the Chief Health
Officer is satisfied that there are reasonable grounds for suspecting that any
person is suffering from venereal disease, he may, by order in writing, require
the person so suspected to present himself for examination at such time and
place as is specified by him in the order and such person shall present himself
for examination accordingly.
Apprehension
of persons on failure to attend for medical examination.
5.—(1.) If any such person
fails to present himself for examination at the time and place specified in the
order, the Chief or other Commissioner of Police of the State concerned may,
when authorized so to do by the Chief Health Officer, issue a warrant
authorizing any constable named therein, with such assistants as he thinks
necessary, to apprehend the suspected person and bring him for examination by a
legally qualified medical practitioner at such time and place as is directed in
writing by the Chief Health Officer, and the suspected person shall submit himself
for examination accordingly.
(2.) A warrant issued under this
regulation for the apprehension of a suspected person who is a woman shall, if
possible, be directed to a constable who is a woman.
Detention
of persons suffering from venereal disease.
6. If any suspected person
refuses to submit himself for examination as and when required, or if, on
examination, he is found to be suffering from venereal disease, he may be
detained in a hospital or other suitable place approved by the Chief Health
Officer for such period as the Chief Health Officer from time to time directs
and such person shall remain in such hospital or place until his discharge has
been approved by the Chief Health Officer.
Carrying
into effect of warrants and orders.
7. Every warrant or order
issued under these Regulations shall have effect according to its tenor, and
all constables and all governing authorities and officers of any hospital or
place in which any person is detained under these Regulations shall do all things
necessary to carry into effect the provisions of these Regulations.
Notification
of names of members of the Forces infected
8. Notwithstanding
anything contained in any law of the State, the Chief Health Officer may notify
any medical officer of the Naval or Military Forces or of the Air Force or of
the Armed Forces of His Majesty, or of any power which is allied or associated with
His Majesty in any war in which His Majesty is engaged, of the name of any
member of those Forces in Australia who is suffering from venereal disease.
Responsibility
of parents and guardians.
9. When any person under
sixteen years of age is or becomes liable under these Regulations to do or to
submit to any act, matter or thing, any parent or guardian of such person who
knows that such person is so liable shall exercise his authority and use his
best endeavours to compel or induce such person to do or submit to such act,
matter or thing and, on failure of such person so to do or submit, shall report
the fact to the Chief Health Officer.
Indemnity
in respect of action taken in pursuance of these Regulations.
10. No action shall lie
against the Commonwealth, any State, Chief Health Officer, Chief or other
Commissioner of Police, constable or other person acting in pursuance of these
Regulations in respect of any apprehension and detention in pursuance of these
Regulations, but it the Governor-General is satisfied that any person has been
apprehended or detained without reasonable cause, he may award such
compensation in respect thereof as he considers reasonable.
Signature
of Chief Health Officer to be judicially noticed.
11. All Courts shall take
judicial notice of the official signature of any person who holds or has held
the office of Chief Health Officer.
Advertising
certain medicines, &c., prohibited.
12.—(1.) A person shall not
publish any statement, whether by way of advertisement or otherwise, to promote
the sale of any article as a medicine, instrument or appliance for the
alleviation or cure of any venereal disease, or disease affecting the generative
organs or functions, or of sexual impotence, or of any complaint or infirmity
arising from or relating to sexual intercourse, or of female or menstrual
irregularities, or for terminating pregnancy or influencing the course of
pregnancy, or for preventing conception.
(2.) Any person who—
(a) affixes or inscribes any statement on
any thing whatsoever so as to be visible to persons being in or passing along
any street, road, highway, pathway, public place, or public conveyance;
(b) delivers or offers, or exhibits any
statement to any person being in or passing along any street, road, highway,
pathway, public place, or public conveyance;
(c) throws any statement into or upon any
street, road, highway, pathway, public place or public conveyance, or into the
area, yard, garden or enclosure of any house;
(d) exhibits any statement to public view
in any house, shop or place;
(e) prints or publishes any statement in
any newspaper;
(f) sells, offers for sale, shows, or
sends by post, any statement to any person; or
(g) broadcasts by means of wireless
telegraphy any statement,
shall
be deemed to have published that statement.
(3.) For the purposes of this
regulation, the word “statement” includes any document, book, or paper
containing any statement.
(4.) Nothing in this regulation
shall apply to any books, documents or papers published in good faith for the
advancement of medical or surgical science, or to any advertisement, notice or
recommendation published by the authority of the Director-General of Health, or
to any publication sent only to medical practitioners or to registered
pharmacists for the purposes of their business.
By
Authority: L. F. Johnston, Commonwealth Government
Printer, Canberra.