STATUTORY RULES.
1943. No. 193.
REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1943.*
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 National Security Act 1939-1943.
Dated this twenty-ninth day of July, 1943.
(Sgd.) WAKEHURST
Deputy of the Governor-General.
By His Excellency’s Command,
(Sgd.) J. B. CHIFIEY
for and on behalf of the Minister of State for Defence.
———
National Security (Claims Against the Commonwealth in Relation to Visiting Forces) Regulations.
Citation.
1. These Regulations may be cited as the National Security (Claims against the Commonwealth in relation to Visiting Forces) Regulations.
Administration.
2. These Regulations shall be administered by the Attorney-General.
3. In these Regulations—
Definition.
“visiting force has the same meaning as in the Defence (Visiting Forces) Act 1939 and includes the naval, military and air forces—
(a) of any foreign Power allied or associated with His Majesty in the war; or
(b) 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,
for the time being present in Australia.
Claims against other Governments.
4.—(1.) Any person who is resident in Australia and who has or deems himself to have any just claim or demand against a member of a visiting force or any person acting for or on behalf of a visiting
* Notified in the Commonwealth Gazette on , 1943.
2457.—Price 3d. 30/29.7.1943.
force (not being a claim or demand arising out of a contract or agreement or a breach or alleged breach of a contract or agreement) shall be entitled to make against the Commonwealth a claim for the like amount and in the like form and manner as the amount, form and manner of the claim which he would have been entitled to make if the member or person had been a member of the Defence Force of the Commonwealth.
(2.) The fact that any person—
(a) has (before the commencement of this regulation) made a claim or demand in respect of any cause of claim or demand against a member of a visiting force or any person acting for or on behalf of a visiting force; and
(b) has received or is entitled to receive, from a person or authority (other than the Commonwealth or an authority of the Commonwealth) any payment in satisfaction, in whole or in part, of the claim or demand,
shall not disentitle the first-mentioned person to make any claim under this regulation in respect of that cause, but, in the determination of a claim under this regulation by any such person in respect of that cause, regard shall be had to any such payment which that person has received or is entitled to receive.
(3.) The Commonwealth shall, in respect of any claim made in pursuance of this regulation, have, in relation to the person making the claim, the same rights and liabilities as the Commonwealth would have had if the claim or demand against the member of the visiting force or person acting for or on behalf of the visiting force had been against the Commonwealth.
(4.) Any person entitled under this regulation to make a claim against the Commonwealth shall make that claim—
(a) in any case where the cause of the claim arose before the commencement of this regulation—within twelve months after the commencement of this regulation; and
(b) in any case where the cause of the claim arose after the commencement of this regulation—within twelve months after the cause arose.
(5.) A claim under this regulation may be made by letter addressed to, or lodged with, the Secretary, Attorney-General’s Department, Canberra, or the Deputy Commonwealth Crown Solicitor (if any) in the State in which the claim arose.
(6.) Every proceeding arising out of any claim made in pursuance of this regulation shall be entitled “In the matter of [here state name of claimant] against the Commonwealth (in relation to [here state name (if known)] a member of or, as the case may be, a person acting for or on behalf of [here designate the visiting force]).
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.