Supply and Development (Long Range Weapons) Regulations (Cth)

STATUTORY RULES.

1948. No. 90.

REGULATIONS UNDER THE SUPPLY AND DEVELOPMENT ACT 1939-1948.*

I, THE DEPUTY OF 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 Supply and Development Act 1939-1948.

Dated this fifteenth day of July, 1948.

WINSTON DUGAN

Deputy of the Governor-General.

By His Excellency’s Command,

H. V. EVATT

for Minister of State for Supply and Development.

 

Supply and Development (Long Range Weapons) Regulations.

Citation.

1. These Regulations may be cited as the Supply and Development (Long Range Weapons) Regulations.

Repeal.

2.—(1.) Regulations 34, 35 and 36 of the National Security (Munitions) Regulations are repealed.

(2.) Every authorization or permission given, and every notice published, in pursuance of any provision of the regulation repealed by this regulation, and which has not expired or been revoked before the commencement of these Regulations, shall be in force and have effect immediately after the commencement of these Regulations as if it were an authorization, permission or notice duly given or published under the corresponding provision of these Regulations.

Regulations to bind Crown.

3. These Regulations shall bind the Crown in right of the Commonwealth or of a State.

Entry upon and use of land.

4.—(1.) The Minister may authorize entry upon, and the use on behalf of the Commonwealth of, any area of land or water for the purposes of setting up, maintenance and conduct of undertakings for testing, or for carrying out operations for the testing, of long-range weapons.

(2.) A person who suffers any loss, injury or damage by reason of anything done in pursuance of sub-regulation (1.) of this regulation in relation to any land or water in which he has any legal or equitable interest shall be entitled to be paid such compensation as is determined by agreement with the Minister or, in the absence of agreement, as is determined by a court of competent jurisdiction.

 

* Notified in the Commonwealth Gazette on 16th July, 1948.

3747.––Price 3d.

Prohibited areas.

5.—(1.) If it appears to the Minister that, with respect to any place used or intended to be used as or for the purposes of an undertaking for the provision or testing, or for carrying out operations for the testing, of long-range weapons, it is necessary or expedient in the interests of the safety or defence of the Commonwealth that special precautions should be taken to prevent the entry of unauthorized persons into that place, he may, by notice published in the Gazette, declare that place to be a prohibited area for the purposes of these Regulations and that place shall, until the notice is revoked, be a prohibited area for the purposes of these Regulations.

(2.) A person shall not enter, be or remain in a prohibited area except with the permission of an authority or person authorized by the Minister to give such permissions.

Penalty: Fifty pounds or imprisonment for three months, or both.

(3.) A permission under the last preceding sub-regulaton may be given subject to such conditions (including conditions as to the conduct in the prohibited area of the person to whom the permission is given) as the authority or person giving the permission considers necessary for the protection of persons and property in the area and of official secrets, and a person shall comply with and observe every such condition which is applicable to him.

Penalty: Fifty pounds or imprisonment for three months, or both.

(4.) A person who enters, is or remains in a prohibited area in contravention of this regulation, or who fails to comply with or observe any condition applicable to him under the last preceding sub-regulation may, without prejudice to any proceedings which may be taken against him, be removed from the prohibited area by or under the direction of a constable or Commonwealth officer or a person thereto authorized by the Minister.

(5.) Where, by reason of this regulation or of anything done in pursuance of this regulation, a person ordinarily resident in a prohibited area at the time when the area becomes a prohibited area suffers any loss, injury or damage in circumstances which, in the opinion of the Minister, entitles him to be compensated by the Commonwealth, he shall be paid by the Commonwealth such compensation as the Minister determines.

Protection of persons and property.

6.—(1.) If in relation to any undertaking the Minister is satisfied that safety measures should be taken against risks arising from any operations of the undertaking or that measures should be taken for the protection of property of the Commonwealth, he may authorize the taking of such action as appears to him to be necessary or expedient for the protection of persons or property within the premises assigned to the undertaking.

(2.) The power of the Minister under this regulation shall include power to authorize the search of persons entering or seeking to enter, or being within the premises assigned to an undertaking:

Provided that no woman shall be searched in pursuance of any such authorization except by a woman.

 

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