STATUTORY RULES.
1945. No. 108.
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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 eleventh day of July, 1945.
HENRY
Governor-General.
By His Royal Highness’s Command,
H. P. LAZZARINI
for and on behalf of the Minister of State for Defence.
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Amendments of the National Security (Allied Works) Regulations.†
Disposal of requisitioned property.
1. Regulation 6b of the National Security (Allied Works) Regulations is amended by omitting from sub-regulation (1.) the words “in pursuance of regulation 6” and inserting in their stead the words “, whether in pursuance of these Regulations or otherwise, for the purposes”.
2. After regulation 16b of the National Security (Allied Works) Regulations, the following regulation is inserted:—
Certificate as to debt.
“16c. In any legal proceedings a certificate in writing signed by the Director-General, or by any person authorized by the Director-General to issue certificates under this regulation, certifying that a person who is, or was, a member is, or was (on the date specified in the certificate) indebted to the Director-General or the Commonwealth in any sum of sums of money in connexion with his service in, or membership of, the Corps, shall be prima facie evidence of the matter set forth in the certificate.”.
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Notified in the Commonwealth Gazette on 12th July, 1945.†
Statutory Rules 1942, No. 88, as amended by Statutory Rules 1942; Nos. 170, 184 and 435; 1943, Nos. 77, 97 and 100; 1944, Nos.17 and 161; and 1945, No. 16.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
57.—Price 3d.
Overview
Statutory Rules 1945 No. 108, enacted under the authority of the National Security Act 1939-1943, serves to amend existing regulations concerning the National Security (Allied Works) Regulations. This legislative instrument was introduced to address the need for modifications in the management and disposal of requisitioned property, as well as the need to establish a reliable method for proving debts related to service in or membership of the Corps. The regulations were made by the Governor-General in Council, acting on the advice of the Minister of State for Defence, and were published in the Commonwealth Gazette on 12th July 1945. The overarching policy objective is to ensure that the administration of national security measures remains efficient and legally sound, particularly in the context of the ongoing war effort and its aftermath.
Scope and Application
The Statutory Rules 1945 No. 108, made under the National Security Act 1939-1943, pertain to the amendment of existing regulations concerning the disposal of requisitioned property and the certification of debts related to service or membership in the Corps. These regulations apply to any person or entity involved in the disposal of requisitioned property or in legal proceedings where debt certification is required. The geographic and jurisdictional reach of these regulations is national, applying across the Commonwealth of Australia as they are made under federal authority. The application of these regulations is extended or restricted through subordinate instruments, such as the National Security (Allied Works) Regulations, which they amend. Exclusions or exemptions are not explicitly detailed in the text, but the regulations' applicability is limited to the specific provisions they modify and the context of the National Security Act 1939-1943.
Key Provisions
The Statutory Rules of 1945, No. 108, made under the National Security Act 1939-1943, introduce amendments to the National Security (Allied Works) Regulations. The primary amendments are detailed in Regulation 6b, which has been modified to clarify the scope of requisitioned property disposal, now encompassing actions taken either in compliance with these Regulations or otherwise, for specified purposes. Additionally, a new Regulation 16c has been inserted, which pertains to the issuance of certificates in legal proceedings. This regulation mandates that a written certificate, signed by the Director-General or an authorised person, serves as prima facie evidence of a person's indebtedness to the Director-General or the Commonwealth, relating to their service or membership in the Corps.
The obligations imposed by these regulations are multifaceted. Firstly, the amendment to Regulation 6b requires that any disposal of requisitioned property must now explicitly state its purpose, whether it aligns with the regulations or is conducted otherwise. This provision ensures transparency and accountability in the handling of requisitioned property. Secondly, the introduction of Regulation 16c imposes a specific procedural requirement on the Director-General and authorised signatories. They must issue certificates in legal proceedings that detail the debt of a person connected to their service or membership in the Corps. These certificates are to be considered as prima facie evidence, thereby streamlining the legal process regarding such debts.
Failure to comply with these regulations can result in civil and criminal consequences. While the specific penalties are not detailed in the Statutory Rules, breaches of regulations under the National Security Act 1939-1943 typically carry significant penalties. These may include fines, imprisonment, or other sanctions as prescribed by the relevant laws. The exact penalties would depend on the nature and severity of the breach, as well as any additional legislative provisions that may apply. It is essential for parties governed by these regulations to adhere strictly to the stipulated requirements to avoid such repercussions.