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

STATUTORY RULES.

1940. No. 286.

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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 Thirteenth day of December, 1940.

Governor-General.

By His Excellency’s Command,

(SGD.) W. M. HUGHES

Minister of State for Defence Co-ordination.

 

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

Definitions.

1. Regulation 4 of the National Security (War Service Moratorium) Regulations is amended—

(a) by inserting at the end of the definition of “member of the Forces”, the words “, and includes any person—

(a)who, during the war is or has been called up for active service, or is serving on active service, with the Naval, Military or Air Forces of any part of the King’s dominions (other than the Commonwealth); and

(b)who was born in Australia or was prior to being called up or enlisting or being appointed for such active service, domiciled in Australia;”; and

(b) by adding at the end thereof, the following sub-regulation:—

“(2.) For the purposes of these Regulations, a person specified in paragraphs (a) and (b) of the definition of ‘member of the Forces’ shall be deemed to be engaged on war service so long as he is called up for active service, or is serving on active service with the Naval, Military or Air Forces of any part of the King’s dominions (other than the Commonwealth).”.

 

* Notified in the Commonwealth Gazette on , 1940.

  Statutory Rules 1940, No. 194.

7596.—6/9.12.1940.—Price 3d.

Members of Forces, and dependants and parents of members not to be ejected from dwelling-houses and shops if rent paid.

2. Regulation 20 of the National Security (War Service Moratorium) Regulations is amended byinserting, after sub-regulation (2.), the following sub-regulation:—

“(2a.) It shall be a defence to a prosecution in respect of a contravention of the last preceding sub-regulation if the owner of the dwelling-house, in respect of which the prosecution is laid, proves that the dwelling-house was erected or acquired for the accommodation of a particular person or class of persons and that the dwelling-house is required for that person or a person of that class.”.

3. Regulation 25 of the National Security (War Service Moratorium) Regulations is amended—

(a) by omitting from sub-regulation (2.) the words “fourteen days” and inserting in their stead the words “six weeks”; and

(b) by adding at the end thereof, the following sub-regulations:—

“(3.) 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 he desires to do, or 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 parent of a member, or a female dependant of a member, as the case may be, 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 continuance or completion of the doing of the act by the claimant.

“(4.) 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.”.

 

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