National Security (Allied Works) Regulations (Amendment)

Legislation au C1944L00161 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1944. No. 161.

––––––

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1943.*

I, THE ADMINISTRATOR of the Government of 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 eighth day of November, 1944.

W. DUGAN

Administrator.

By His Excellency’s Command,

J. S. COLLINGS

for and on behalf of the Minister of State for Defence.

 

Amendments of the National Security (Allied Works) Regulations.†

1. After regulation 6a of the National Security (Allied Works) Regulations the following regulation is inserted:—

Disposal of requisitioned property.

“6b.—(1.) Where any property has been requisitioned in pursuance of regulation 6 of these Regulations, the Director-General may, if he considers that the requisitioning is no longer necessary, revoke the requisitioning.

“(2.) Where any requisitioning is revoked, the Director-General may serve upon the owner or other person from whose possession the property was taken or received notice that it is intended to return the property to him and requiring him to take possession of the property at such time and place as are specified in the notice.

“(3.) If the owner or other person or his personal representative does not take possession of the property in accordance with the notice, the Director-General may, upon the expiration of fourteen days after the date specified in the notice as the date on which possession was required to be taken, or such extended period as the Director-General, upon application in writing within that period of fourteen days, allows,

 

* Notified in the Commonwealth Gazette on 10th November, 1944.

† Statutory Rules 1942, No. 88, as amended by Statutory Rules 1942, Nos. 170, 384 and 435; 1943, Nos. 77, 97 and 100; and 1944, No. 17.

6436.—Price 3d.


and after a suitable advertisement of the proposed sale is published in a daily newspaper circulating in the State or Territory of the Commonwealth in which the property was taken or received, sell the property by public auction or by tender, and the proceeds of the sale, after deducting any expenses incidental to the sale, shall be paid to the owner of the property or to such other person as appears to the Director-General to be entitled to receive them.

“(4.) After the expiration of the period of fourteen days specified in the last preceding sub-regulation, or of any extension of that period, the Commonwealth or any person having the charge or possession of the property in consequence of the requisitioning shall not be liable for any loss or deterioration of, or damage to, the property, howsoever arising.

“(5.) A notice under sub-regulation (2.) of this regulation may be served by posting the notice as a registered letter addressed to the owner, or other person from whose possession the property was taken or received, at his last-known place of abode or business or, if the name or address of that owner or other person is unknown, by publishing the notice (which need not, if it adequately identifies the property, refer by name to the person to whom it is addressed) in a daily newspaper circulating in the State or Territory of the Commonwealth in which the property was taken or received.

“(6.) A notice purporting to be served on a person in pursuance of sub-regulation (2.) of this regulation shall not be invalidated by reason of the fact that the person to whom the notice is addressed is dead.”.

Delegation by Director-General.

2. Regulation 7 of the National Security (Allied Works) Regulations is amended by adding at the end thereof the following sub-regulation:—

“(3.) Where under these Regulations the exercise of any power or function by the Director-General is dependent upon the opinion, belief or state of mind of the Director-General in relation to any matter, that power or function may be exercised by the delegate upon the opinion, belief or state of mind of that delegate.”.

Establishment of Civil Constructional Corps.

3. Regulation 9 of the National Security (Allied Works) Regulations is amended by inserting, after sub-regulation (1.), the following sub-regulation:—

“(1a.) Every person who volunteers and is accepted for service in the Corps shall serve in the Corps in like manner as if he had been directed to serve in the Corps in pursuance of sub-regulation (2.) of this regulation until discharged or released from service by or on behalf of the Director-General.”.

Attachment of pay of members.

4. Regulation 11b of the National Security (Allied Works) Regulations is amended by omitting sub-regulation (10.) and inserting in its stead the following sub-regulation:—

“(10.) In this regulation—

‘member’ (wherever occurring, except in sub-regulation (9.)) includes a person employed in pursuance of these Regulations;


‘the Paying Officer’ means—

(a) in relation to members of the Corps serving in any State or part of the Commonwealth, the person who for the time being has the control and management of the Corps in that State or part; and

(b) in relation to persons employed in pursuance of these Regulations in any State or part of the Commonwealth, the Paymaster so employed in that State or part.”.

Service of notices, directions, &c.

5. Regulation 15 of the National Security (Allied Works) Regulations is amended by inserting, after the word “notice”, the words “(other than a notice under regulation 6b of these Regulations)”.

 

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

Overview

The Statutory Rules 1944 No. 161 are regulations made under the National Security Act 1939-1943 to address issues related to the requisitioning and management of property and personnel during wartime, particularly in the context of works required for national security. Enacted by the Administrator of the Government of the Commonwealth of Australia, with the advice of the Federal Executive Council, these regulations were intended to streamline and clarify procedures concerning the disposal of requisitioned property, delegation of powers, establishment of the Civil Constructional Corps, attachment of pay for its members, and service of notices and directions. The policy objective behind these amendments was to ensure efficient and effective management of resources and personnel to support national security efforts during a time of war.

Scope and Application

The Regulations under the National Security Act 1939-1943 apply to various persons and entities involved in requisitioning property for national security purposes. The Director-General, as the primary authority, can revoke requisitioning orders for property and direct its return to the owner or relevant person, or alternatively, sell the property by public auction or tender if not reclaimed. This regulation also allows for delegation of certain powers based on the Director-General's opinion or belief. The Civil Constructional Corps is established, and its members, including volunteers and employed persons, are subject to the provisions of these regulations. Additionally, the pay of members can be attached under specific conditions, and notices, directions, and other communications can be served in various ways, with some exceptions noted. These regulations have a Commonwealth-wide jurisdictional reach, applying across all states and territories of Australia.

Key Provisions

The primary operative sections of these regulations, made under the National Security Act 1939-1943, concern the disposal of requisitioned property and the delegation of certain powers of the Director-General. Regulation 6b (subsection 1) allows the Director-General to revoke the requisitioning of property if it is deemed no longer necessary. Subsection 2 mandates that the Director-General must notify the owner or relevant person of the intention to return the property and require them to take possession within a specified period. If the property is not reclaimed, the Director-General can sell it as per subsection 3, with proceeds going to the rightful owner after expenses are deducted. Subsection 4 specifies that the Commonwealth and any person in possession of the property will not be liable for any loss, damage, or deterioration of the property after the notice period has expired. Regulation 7 (subsection 3) allows the Director-General to delegate certain powers to a delegate based on their opinion, belief, or state of mind. Regulation 9 (subsection 1a) outlines that volunteers accepted into the Civil Constructional Corps must serve until discharged or released by the Director-General. Regulation 11b (subsection 10) clarifies the definition of 'member' and the roles of the Paying Officer within the context of the Corps. These regulations impose several obligations on parties involved in the requisitioning and management of property and personnel. The Director-General must ensure that any requisitioning is justified and, if no longer necessary, revoke it and notify the relevant parties. The owner or relevant person must take possession of the property within the specified time or risk it being sold. The Director-General's delegate must exercise powers based on their own opinion, belief, or state of mind when required. Volunteers in the Civil Constructional Corps must serve until formally discharged or released. Breaches of these regulations may result in civil or criminal consequences. For instance, failure to take possession of property after being notified may lead to the property being sold by the Director-General, with the defaulting party losing any claim to the property. Additionally, the Commonwealth or any person in possession of the property will not be liable for any subsequent loss, damage, or deterioration of the property. Specific offences, penalties, or civil/criminal consequences are not detailed in the regulations, but the implications of non-compliance are clearly outlined.

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