STATUTORY RULES.
1945. No. 205.
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 twentieth day of December, 1945.
HENRY
Governor-General.
By His Royal Highness’s Command,
E. J. HOLLOWAY
for and on behalf of the Minister of State for Defence.
Amendment of the National Security (External Territories) Regulations, †
Jurisdiction of Supreme Courts vested in Supreme Court of the Australian Capital Territory.
1. Regulation 22 of the National Security (External Territories) Regulations is repealed.
Re-transfer of certain cases transferred to Supreme Court of Papua-New Guinea.
2.—(1.) Notwithstanding the repeal of regulation 22 of the National Security (External Territories) Regulations and notwithstanding anything contained in the Papua-New Guinea Provisional Administration Act 1945, every action transferred to the Supreme Court of the Territory of Papua-New Guinea by sub-section (6.) of section 16 of that Act shall, by force of this regulation, be re-transferred to, the Supreme Court of the Australian Capital Territory, and may be continued in, and determined by, the Supreme Court of the Australian Capital Territory, as if the Papua-New Guinea Provisional Administration Act 1945 had not been passed, and as if regulation 22 of the National Security (External Territories) Regulations had not been repealed.
(2.) The provisions of sub-section (7.) of section 16 of the Papua-New Guinea Provisional Administration Act 1945 shall apply in relation to every order made, judgment, decree or direction given, or act done, by the Supreme Court of the Australian Capital Territory by virtue of the last preceding sub-regulation as if made, given or done prior to the commencement of that Act.
* Notified in the Commonwealth Gazette on 20th December, 1945.
† Statutory Rules 1942, No. 200, as amended by Statutory Rules 1942, No. 349; 1943, Nos. 139, 178 and 278; 1944, Nos. 73 and 118; and 1945, Nos. 2 and 36.
7404.—Price 3d
(3.) In this regulation, “action” includes suit, cause, matter or proceeding.
Jurisdiction of Supreme Court of the Territory of Papua-New Guinea.
3. The Supreme Court of the Territory of Papua-New Guinea and each Judge of that Court shall have, in relation to such portions of the Territory of New Guinea as are areas to which the National Security (Emergency Control) Regulations apply, the same jurisdiction as it or he has in relation to the Territory of Papua-New Guinea.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1945 No. 205, Regulations Under the National Security Act 1939–1943, were enacted by the Governor-General in the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The regulations were made to address jurisdictional issues arising from the repeal of certain regulations and the provisional administration of Papua-New Guinea during the post-World War II period. The objective was to ensure the continuity of legal proceedings and the effective administration of justice in these territories. The policy objective was to maintain stability and order in the administration of justice within the territories affected by the National Security (Emergency Control) Regulations, particularly in the context of the transitional governance of Papua-New Guinea.
Scope and Application
The statutory rules made under the National Security Act 1939–1943 pertain to the jurisdictional transfer of legal actions and cases between the Supreme Courts of the Australian Capital Territory and the Territory of Papua-New Guinea. The primary focus of these regulations is the re-transfer of actions that were previously moved to the Supreme Court of Papua-New Guinea back to the Supreme Court of the Australian Capital Territory. This applies to cases that were transferred under specific provisions of the Papua-New Guinea Provisional Administration Act 1945, ensuring that these cases can continue and be determined in the Supreme Court of the Australian Capital Territory as if certain legislative changes had not occurred. The jurisdictional scope of the Supreme Court of Papua-New Guinea is also clarified to include areas of the Territory of New Guinea subject to the National Security (Emergency Control) Regulations. These regulations highlight the interplay between different legislative instruments and the specific judicial handling of matters related to national security in external territories.
Key Provisions
The Regulations under the National Security Act 1939–1943 primarily address jurisdictional issues relating to national security matters in external territories, specifically Papua-New Guinea and the Australian Capital Territory. Regulation 2 (subsections 1 and 2) mandates the re-transfer of certain cases previously transferred to the Supreme Court of the Territory of Papua-New Guinea back to the Supreme Court of the Australian Capital Territory. This re-transfer applies to actions that were transferred under sub-section (6) of section 16 of the Papua-New Guinea Provisional Administration Act 1945, ensuring that these cases are handled as if the Papua-New Guinea Provisional Administration Act had not been enacted and Regulation 22 of the National Security (External Territories) Regulations had not been repealed. Regulation 3 further extends the jurisdiction of the Supreme Court of the Territory of Papua-New Guinea to cover areas within the Territory of New Guinea that are subject to the National Security (Emergency Control) Regulations, granting it the same jurisdiction over these areas as it has over the Territory of Papua-New Guinea.
The Regulations impose specific obligations on the Supreme Courts of the Australian Capital Territory and Papua-New Guinea. The Supreme Court of the Australian Capital Territory must re-assume jurisdiction over the cases that were transferred to the Supreme Court of Papua-New Guinea, treating them as if they had never been transferred. Additionally, the Supreme Court of Papua-New Guinea is granted jurisdiction over certain areas of the Territory of New Guinea under the National Security (Emergency Control) Regulations, requiring it to exercise the same authority in these areas as it does within the Territory of Papua-New Guinea.
There are no explicit offences or penalties mentioned in the Regulations for breaches of these provisions. However, the failure to comply with the jurisdictional mandates could result in legal challenges or other consequences under the broader framework of the National Security Act 1939–1943 and related legislation. The Regulations do not specify maximum penalties but rather focus on jurisdictional adjustments in response to wartime and post-war national security concerns.