National Security (War Service Moratorium) Regulations (Amendment) (Cth)

STATUTORY RULES.

1943. No. 187

 

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1943.*

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 1939-1943.

Dated this twenty-third day of July, 1943.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

Amendments of the National Security (War Service Moratorium) Regulations. 

Definitions.

1. Regulation 5 of the National Security (War Service Moratorium) Regulations is amended by omitting from sub-regulation (1.) the definition of “parent of a member”.

2. Regulation 26 of the National Security (War Service Moratorium) Regulations is repealed and the following regulation inserted in its stead:—

Provisions for ascertaining whether persons are or were members of the Forces. &c.

“26.—(1.) Any insurer who desires to ascertain, for the purposes of regulation 24 of these Regulations, whether any person (in this regulation referred to as ‘the assured’)—

(a) who is resident in Australia;

(b) who is not, to the knowledge of the insurer, a member of the Forces or a female dependant of a member; and

(c) who is the assured under a policy of life insurance,

 

* Notified in the Commonwealth Gazette on , 1943.

  Statutory Rules 1941, No. 61, as amended by Statutory Rules 1941, Nos. 85, 134 and 263; 1942, Nos. 73, 208, 319, 437 and 498; 1943, Nos. 6, 10, 26, 88, 90, 124 and 129.

3990.—Price 5d. 45/6.7.1943.

 

is a member of the Forces or a female dependant of a member, may serve on the assured, in the manner provided by this regulation, a notice (in accordance with a form prescribed by the Attorney-General by order published in the Gazette) requiring the assured to inform the insurer, within fourteen days after the receipt of the notice, whether or not the assured is a member of the Forces or a female dependant of a member as defined by regulation 5 of these Regulations.

“(2.) If, within the period specified in sub-regulation (1.) of this regulation, a statutory declaration by the assured or by some person having knowledge of the facts stating that the assured is a member of the Forces or a female dependant of a member as defined by regulation 5 of these Regulations is not furnished to the insurer, then, notwithstanding that the assured is, or at any subsequent time becomes, a member of the Forces or a female dependant of a member, regulation 24 of these Regulations shall not prevent any policy of life insurance issued to the assured by the insurer being forfeited within three weeks after the expiration of the period referred to.

“(3.) Any insurer, who desires to ascertain, for the purposes of regulation 25 of these Regulations, whether any person (in this regulation referred to as ‘the former assured’)—

(a) who is resident in Australia;

(b) who was not, to the knowledge of the insurer, a member of the Forces or a female dependant of a member on any particular date; and

(c) who was the assured under a policy of life, insurance which was forfeited on that date,

was, on that date, a member of the Forces or a female dependant of a member, may serve on the former assured, in the manner provided by this regulation, a notice (in accordance with a form prescribed by the Attorney-General by order published in the Gazette)requiring the former assured to inform the insurer, within fourteen days after the receipt, of the, notice, whether or not the former assured was, on the date specified in the notice, a member of the Forces or a female dependant of a member as defined by regulation 5 of these angulations.

“(4.) If, within the period specified in sub-regulation (3.) of this regulation, a statutory declaration by the former assured or by some person having knowledge of the facts stating that the former assured was, on the date specified in the notice, a member of the Forces or a female dependant of a member as defined by regulation 5 of these Regulations is not furnished to the insurer, then, notwithstanding that the former assured was, on that date, a member of the Forces or a female dependant of a member, regulation 25 of these Regulations shall not apply to the policy referred to in the last preceding sub-regulation.

“(5.) A notice under this regulation shall be served personally or by registered letter sent to the assured’s or former assured’s place of abode.

 

“(6.) If an insurer produces evidence (supported by a statutory declaration) to the satisfaction of an officer thereto authorized in writing by the Attorney-General, that a person cannot be found and that the insurer has made reasonable efforts to ascertain his whereabouts and that the insurer is not aware that that person—

(a) is a member of the Forces or a female dependant of a member; or

(b) was on a particular date a member of the Forces or a female dependant of a member,

the officer may issue to the insurer a certificate to that effect, and thereupon—

(c) regulation 24 of these Regulations shall not apply in respect of any policy of life insurance issued by the insurer to that person; or

(d) regulation 25 of these Regulations shall not apply in respect of any policy of life insurance issued by the insurer to that person which was forfeited on that particular date,

as the case may be.

“(7.) A certificate purporting to be issued in pursuance of the last preceding sub-regulation shall, in the absence of proof to the contrary, be deemed to have been duly issued.

3. Before regulation 29 of the National Security (War Service Moratorium) Regulations the following regulation is inserted in Part V.:—

Definitions.

“28a. In this Part—

‘discharged member of the Forces’ means a person who, having been a member of the Defence Force engaged on war service during the present war—

(a) has been discharged therefrom for a period not exceeding six months; or

(b) having been discharged therefrom for a period exceeding six months—

(i) is receiving a pension from the Commonwealth; or

(ii) is not receiving such a pension, but is receiving from the Commonwealth medical treatment of such a nature as to prevent him either wholly or partly from engaging in his occupation;

‘female dependant of a member’ means a female who is wholly or partly dependant for her support upon the pay of, or upon a pension payable in consequence of the incapacity or death of, a person who is or has been a member of the Forces, and includes the wife of a person who has been a member of the Forces but who, having been discharged without receiving a pension, is receiving from the Commonwealth medical treatment of such a nature as to prevent him either wholly or partly from engaging in his occupation;

 

‘member of the Forces’ means a member of the Defence Force engaged on war service, and includes any person who is on active service with the Naval, Military or Air Forces—

(a) of the United Kingdom or of any other part of the King’s dominions (other than the Commonwealth);

(b) of any foreign power allied or associated with His Majesty in any war in which His Majesty is engaged; or

(c) maintained by any foreign authority recognized by His Majesty as competent to maintain Naval, Military or Air Forces for service in association with His Majesty’s Forces;

‘parent of a member’ means a parent of a person who is, or has been, a member of the Forces, who is wholly or partly dependant for his support on the pay or pension of that person, and includes a parent of a person who has been a member of the Forces but who, having been discharged without receiving a pension, is receiving from the Commonwealth medical treatment of such a nature as to prevent him either wholly or partly from engaging in his occupation and upon whose pay that parent was, immediately prior to the discharge of that person, wholly or partly dependent for his support;

‘protected person’ means a member of the Forces, discharged member of the Forces, female dependant of a member or parent of a member;

‘war service’ means—

(a)the service of a member of the Citizen Forces when called up for war service under the Defence Act 1903-1941 or during continuous training under that Act, the Naval Defence Act 1910-1934 or the Air Force Act 1923-1941;

(b) the continuous service under any of those Acts of any person who volunteers and is accepted for such service during war;

(c) the continuous service of a person called upon to serve in the Defence Force in pursuance of any Act or of any Regulations under an Act; and

(d) the service during war of a member of the Permanent Forces.”.

Amendments of regulations 30, 30a, 30aa and 30b.

4. Regulations 30, 30a, 30aa and 30b of the National (Security (War Service Moratorium) Regulations are amended by omitting the words “member of the Forces, a parent of a member or a female dependant of a member” and the words “member of the Forces, parent of a member or female dependant of a member “(wherever occurring) and inserting in their stead the words “protected person”.

 

Application of certain provisions of National Security (Landlord and Tenant) Regulations.

5. Regulation 30 of the National Security (War Service Moratorium) Regulations is amended—

(a) by omitting from sub-regulation (7.) the words “female dependant of a member ” (second occurring) and inserting in their stead the words “tenant (being a protected person)”; and

(b) by omitting from paragraph (c) of sub-regulation (8.) the words “member of the Forces, parent of a member or female dependant” and inserting in their stead the words “protected person”,

Warrant to obtain possession of dwelling-house.

6. Regulation 30aa of the National Security (War Service Moratorium) Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “member, parent of a member or female dependant of a member” and inserting in their stead the words “protected person”; and

(b) by omitting from that sub-regulation the words “required” (second occurring) and inserting in its stead the word “ acquired”.

7. Regulation 30d of the National Security (War Service Moratorium) Regulations is repealed and the following regulation inserted in its stead:—

This Part not to apply in certain cases.

“30d.—(1.) Any person (in this regulation referred to as ‘the claimant’) who desires to do, or to continue or complete the doing of, any act against any person (in this regulation referred to as ‘the respondent’) in respect of the rental or possession of any premises may, if the respondent is resident in Australia and is not, to the knowledge of the claimant, a protected person, serve on the respondent, in the manner provided by this regulation, a notice (in accordance with a form prescribed by the Attorney-General by order published in the Gazette) requiring the respondent to inform the claimant, within fourteen days after the receipt of the notice, whether or not the respondent is a member of the Forces, a discharged member of the Forces, a female dependant of a member or a parent of a member within the meaning of this Part.

“(2.) A notice under the last preceding sub-regulation shall be served personally or by registered letter sent to the respondent’s place of abode.

“(3.) If, within the period specified in sub-regulation (1.) of this regulation, a statutory declaration by the respondent or by some person having knowledge of the facts stating that the respondent is a member of the Forces, a discharged member of the Forces, a female dependant of a member or a parent of a member within the meaning of this Part is not furnished to the claimant, then, notwithstanding that the respondent is, or at any subsequent time becomes, a protected person, this Part shall not apply in respect of the doing, or in respect of the continuance or completion of the doing, of an act of the kind referred to in sub-regulation (1.) of this regulation, provided the claimant commences to do, or to continue or complete the doing of, the act within three weeks after the expiration of the period specified in that sub-regulation.

“(4.) For the purposes of the last preceding sub-regulation, where the doing of any act is dependent on the completion of any preliminary act, the commencement of the doing, or the continuance or completion of the doing, of the preliminary act shall be deemed to be the commencement of the doing of the first-mentioned act.

“(5.) If the claimant produces evidence (supported by statutory declaration) to the satisfaction of an officer thereto authorized in writing by the Attorney-General, that the respondent—

(a) has abandoned the property in respect of which the claimant desires to do, or to continue or complete the doing of, any act; or

(b) cannot be found and that the claimant has made reasonable efforts to ascertain his whereabouts, and that the claimant is not aware that the respondent is a protected person,

the officer may issue to the claimant a certificate to that effect and thereupon this Part shall not apply in respect of the doing, or in respect of the continuance or completion of the doing, of the act by the claimant.

“(6.) A certificate purporting to be issued in pursuance of the last preceding sub-regulation shall, in the absence of proof to the contrary, be deemed to have been duly issued.”.

8. Regulation 32 of the National Security (War Service Moratorium) Regulations is repealed and the following regulation inserted in its stead:—

Regulations not to apply in certain cases.

“32.—(1.) Any person (in this regulation referred to as ‘the claimant’) who desires to do, or to continue or complete the doing of, any act against any person (in this regulation referred to as ‘the respondent’) may, if the respondent is resident in Australia—

(a) where the act is the compulsory acquisition of land, and the respondent is not, to the knowledge of the claimant, a member of the Forces—serve on the respondent, in the manner provided by this regulation, a notice (in accordance with a form prescribed by the Attorney-General by order published in the Gazette) requiring the respondent to inform the claimant, within fourteen days after the receipt of the notice, whether or not the respondent is a member of the Forces as defined by regulation 5 of these Regulations; or

(b) where the act is in respect of any mortgage, contract, agreement judgment, debt, obligation, bill of sale or writ of execution or other process, and the respondent is not, to the knowledge of the claimant, a member of the Forces or a female dependant of a member—serve on the respondent in the manner provided by this regulation, a notice (in accordance with a form prescribed by the Attorney-General by order published in the Gazette) requiring the respondent to inform the claimant, within fourteen days after the receipt of the notice, whether or not the respondent is a member of the Forces or a female dependant of a member as defined by regulation 5 of these Regulations.

 

“(2.) A notice under the last preceding sub-regulation shall be served personally or by registered letter sent to the respondent’s place of abode.

“(3.) If, within the period specified in sub-regulation (1.) of this regulation, a statutory declaration by the respondent or by some person having knowledge of the facts stating—

(a) in the case of a notice served under paragraph (a) of that sub-regulation, that the respondent is a member of the Forces as defined by regulation 5 of these Regulations; or

(b) in the case of a notice served under paragraph (b) of that sub-regulation, that the respondent is a member of the Forces or a female dependant of a member as so defined,

is not furnished to the claimant then, notwithstanding that the respondent is, or at any subsequent time becomes, a member of the Forces or a female dependant of a member, these Regulations shall not apply in respect of the doing, or in respect of the continuance or completion of the doing, of an act of the kind referred to in sub-regulation (1.) of this regulation, provided the claimant commences to do, or to continue or complete the doing of, the act within three weeks after the expiration of the period specified in that sub-regulation.

“(4.) For the purposes of the last preceding sub-regulation, where the doing of any act is dependent on the completion of any preliminary act the commencement of the doing, or the continuance or completion of the doing, of the preliminary act shall be deemed to be the commencement of the doing of the first-mentioned act.

“(5.) If the claimant produces evidence (supported by statutory declaration) to the satisfaction of an officer thereto authorized in writing by the Attorney-General, that the respondent—

(a) has abandoned the property in respect of which the claimant desires to do, or to continue or complete the doing of, any act; or

(b) cannot be found and that the claimant has made reasonable efforts to ascertain his whereabouts, and that the claimant is not aware that the respondent is a member of the Forces or a female dependant of a member,

the officer may issue to the claimant a certificate to that effect and thereupon these Regulations shall not apply in respect of the doing, or in respect of the continuance or completion of the doing, of the act by the claimant.

“(6.) A certificate purporting to be issued in pursuance of the last preceding sub-regulation shall, in the absence of proof to the contrary, be deemed to have been duly issued.”.

Regulations not to apply to trustees.

9.