National Security (External Territories) Regulations (Amendment)

Legislation au C1945L00002 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1945. No. 2.

 

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 tenth day of January, 1945.

W. DUGAN

Administrator.

By His Excellency’s Command,

E. J. WARD

for and on behalf of the Minister of

State for Defence.

 

Amendments of the National Security (External Territories)

Regulations.†

Definitions.

1. Regulation 3 of the National Security (External Territories) Regulations is amended by inserting after the definition of “authorized person” the following definition:—

“‘General Officer Commanding’ means the General Officer of the Australian Military Forces having the operational command of the Australian Military Forces serving in the Territories of Papua and New Guinea;”.

Administrative powers.

2. Regulation 21 of the National Security (External Territories) Regulations is amended by omitting from sub-regulations (2a.) and (3.) the words “New Guinea Force”.

3. After regulation 24c of the National Security (External Territories) Regulations the following regulation is inserted in Part III.:—

Meetings of companies.

“24d. Notwithstanding anything contained in any law in force in the Territory of Papua or the Territory of New Guinea, or in the articles of association of any company, requiring any meeting of shareholders, or of directors of any company to be held in either of those Territories, any such meeting may, subject in all other respects to the articles of association of the company, be validly held at any place in Australia.”.

 

* Notified in the Commonwealth Gazette, on 11th January, 1945.

† Statutory Rules 1942, No. 200, as amended by Statutory Rules 1942, No. 349; 1943, Nos. 139, 178 and 278; 1944, Nos. 731 and 118.

7286.—Price 3d.


Definitions.

4. Regulation 27 of the National Security (External Territories) Regulations is amended—

(a) by inserting after the definition of “member” the following definition:—

“‘owner’ includes a person who is purchasing any land in the Territory under a contract of sale (including a contract with the Custodian) and also includes the agent of an owner or of any such person;”

(b) by inserting after the definition of “the Board” the following definition:—

“‘the Custodian’ means the Custodian of Expropriated Property appointed in pursuance of the Treaty of Peace Regulations;” and

(c) by omitting the definition of “the General Officer Commanding”.

General amendment.

5. The National Security (External Territories) Regulations are amended by inserting in sub-regulation (1.) of regulation 37, sub-regulations (1.) and (3.) of regulation 38, sub-regulation (1.) of regulation 39, and regulation 40, after the word “lessee” (wherever occurring), the words “or owner”.

Board may occupy plantations.

6. Regulation 41 of the National Security (External Territories) Regulations is amended—

(a) by inserting in sub-regulation (1.) after the words “New Guinea”, the words “and any land in the Territory belonging to the Custodian which is not being purchased from him under a contract of sale”; and

(b) by inserting in that sub-regulation after the word “lessee” the words “or owner”.

Charges on land in favour of Commonwealth.

7. Regulation 44 of the National Security (External Territories) Regulations is amended—

(a) by inserting after the word “lessee” the words “or owner of any land on which operations are carried on in pursuance of this Part”; and

(b) by omitting all the words after the words “shall be” and inserting in their stead the following words:—

“—(a) in the case of land other than land being purchased from the Custodian under contract of sale—a first charge in favour of the Commonwealth on the land and on all fixtures thereon; and

(b) in the case of land being so purchased—a first charge in favour of the Commonwealth on the interest of the owner in the land and on all fixtures thereon,

in priority to all other incumbrances whatsoever.”.

 

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

Overview

The Statutory Rules 1945 No. 2, Regulations under the National Security Act 1939-1943, were enacted by the Administrator of the Government of the Commonwealth of Australia, W. Dugan, with the advice of the Federal Executive Council. The purpose of these regulations was to amend the existing National Security (External Territories) Regulations to address the operational needs arising from Australia's involvement in World War II, particularly in the Territories of Papua and New Guinea. The policy objective was to ensure that the administration and security measures in these territories were aligned with the broader national security interests of Australia during wartime. This was achieved by clarifying definitions, amending administrative powers, and adjusting provisions related to land ownership and meetings of companies to facilitate more efficient governance and control in these external territories.

Scope and Application

The Statutory Rules 1945, No. 2, made under the National Security Act 1939-1943, amend the National Security (External Territories) Regulations to adjust provisions pertaining to the Australian Military Forces in the Territories of Papua and New Guinea. This legislation applies to entities and persons involved in the operational command and administrative oversight of the Australian Military Forces in these territories, as well as to companies with business interests in these regions. It also impacts individuals purchasing land in the territories and the agents of such persons or landowners. The geographic reach of these regulations is specifically confined to the Territories of Papua and New Guinea, although the validity of company meetings being held in Australia is explicitly addressed. The regulations allow for the occupation of plantations and the establishment of charges on land in favour of the Commonwealth, with specific conditions applying to land purchased under contract from the Custodian. The amendments extend the application of certain provisions to include landowners and remove specific references to the New Guinea Force, thereby broadening the scope of the regulations to encompass all land in the territories belonging to the Custodian.

Key Provisions

The Statutory Rules 1945 No. 2 amends the National Security (External Territories) Regulations, introducing several key changes to the definitions and operational provisions. Regulation 1 adds a new definition of "General Officer Commanding," specifying the General Officer of the Australian Military Forces with operational command over forces in Papua and New Guinea (Regulation 3). Regulation 2 removes references to "New Guinea Force" from Regulations 21(2a) and (3) (Regulation 21). A new regulation, 24d, allows meetings of companies to be held in Australia, overriding local laws and company articles of association (Regulation 24d). The amendments impose obligations on the parties governed by these regulations. For instance, Regulation 4 modifies definitions to include "owner" and "the Custodian," extending the scope of those subject to the regulations (Regulation 27). Regulation 6 permits the Board to occupy plantations, including land belonging to the Custodian not being purchased under contract (Regulation 41). Regulation 7 ensures that the Commonwealth has a first charge on land used for operations, regardless of whether the land is being purchased from the Custodian (Regulation 44). Breach of these regulations may lead to various legal consequences. While the specific offences, penalties, or civil/criminal consequences are not detailed in the text, the regulations are made under the National Security Act 1939-1943, which would typically impose significant penalties for non-compliance with national security measures. Given the historical context and the nature of the amendments, penalties could include fines, imprisonment, or other sanctions deemed appropriate for undermining national security.

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