National Security (General) Regulations (Amendment)

Legislation au C1944L00019 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1944. No. 19.

 

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 twenty-seventh day of January, 1944.

(SGD.) GOWRIE

Governor-General.

By His Excellency’s Command,

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

 

Amendments of the National Security (General) Regulations.†

Immobilization of vessels.

1. Regulation 45d of the National Security (General) Regulations is amended—

(a) by omitting from sub-regulation (5.) all the words after the words “was removed” and inserting in their stead the words “notice that it is intended to return the vessel to him and requiring him to take possession of the vessel at such time and place as are specified in the notice.”;

(b) by inserting in sub-regulation (6.), after the word “posting”, the words “or publication”; and

(c) by adding at the end thereof the following sub-regulations:—

“(7.) A notice under sub-regulation (5.) 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 vessel was removed, 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

 

* Notified in the Commonwealth Gazette on      , 1944.

† Statutory Rules 1939, No. 87, as amended to date. For previous National Security (General) Regulations see footnote † to Statutory Rules 1943, No. 82, and see also Statutory Rules 1943, Nos. 88, 123, 137 and 224.

77.—Price 3d.         28/5.1.1944.


vessel, 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 vessel was at the time of its removal.

“(8.) A notice purporting to be served on a person in pursuance of sub-regulation (5.) of this regulation shall not be invalidated by reason of the fact that the person to whom the notice is addressed is dead.”.

Requisitioning of property other than land.

2. Regulation 57 of the National Security (General) Regulations is amended by adding at the end thereof the following sub-regulations:—

“(4.) Where any property has been requisitioned in pursuance of this regulation or of any order made thereunder, a Minister or any person authorized to requisition property of that kind may, if he considers that the requisitioning is no longer necessary, by order, revoke the requisitioning.

“(5.) Where an order has been made in relation to any property in pursuance of the last preceding sub-regulation, the Minister or person making the order 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.

“(6.) If the owner or other person or his personal representative does not take possession of the property in accordance with the notice, the Minister or person serving the notice 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 Minister or person, upon application in writing within that period of fourteen days, allows, 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 that Minister or person to be entitled to receive them.

“(7.) 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.

“(8.) A notice under sub-regulation (5.) 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.

“(9.) A notice purporting to be served on a person in pursuance of sub-regulation (5.) of this regulation shall not be invalidated by reason of the fact that the person to whom the notice is addressed is dead.”.

 

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

Overview

The Statutory Rules 1944, No. 19, issued under the National Security Act 1939-1943, were enacted to address the urgent needs of national security during the Second World War. These regulations were introduced by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council. The primary aim of these regulations was to provide mechanisms for the requisitioning and immobilization of vessels and property, ensuring that the government could effectively manage resources in times of national crisis. The policy objective was to streamline the processes involved in requisitioning and returning vessels and property, ensuring that owners were properly notified and could reclaim their belongings when no longer needed by the government, while also protecting the government from liability for any subsequent damage or loss of the requisitioned items.

Scope and Application

The Regulations under the National Security Act 1939-1943, specifically amending the National Security (General) Regulations, apply to the Commonwealth of Australia and encompass a broad range of entities and individuals, including vessels and other property, which may be subject to requisitioning during times of national security concern. The Regulations govern the procedures for the immobilisation and requisitioning of vessels and other property, establishing protocols for the notification and return of such assets to their rightful owners or custodians. These provisions are designed to ensure that the requisitioning process is conducted in an orderly and transparent manner, with measures in place to protect the interests of property owners. The Regulations extend their reach to any vessel or property within the jurisdiction of the Commonwealth of Australia, regardless of state or territory boundaries, thereby providing a uniform framework for the management of national security-related requisitions across the nation. The Regulations also establish mechanisms for the sale of property that is no longer required for national security purposes, ensuring that the Commonwealth or relevant authorities are not held liable for any subsequent loss or damage to the property. Furthermore, the Regulations clarify that notices related to the requisitioning and return of property are valid even if the intended recipient has passed away, thereby providing legal certainty in these extraordinary circumstances.

Key Provisions

The regulations under the National Security Act 1939-1943, as amended, provide specific provisions concerning the immobilization of vessels and the requisitioning of property other than land (Regulation 45d and Regulation 57). These provisions mandate that when vessels are removed from their owners, a notice must be issued to the owner, requiring them to reclaim the vessel at a specified time and place. This notice can be served either by posting it as a registered letter to the last known address of the owner or by publishing it in a daily newspaper in the relevant state or territory. Similarly, if property other than land is requisitioned, the owner must be notified to reclaim it within a specified timeframe, failing which the property can be sold at auction or by tender, with the proceeds paid to the owner or a designated person. The Act imposes several obligations on the parties involved. For vessels, it requires the relevant authority to serve a notice to the owner, specifying the time and place for reclaiming the vessel. The notice must be delivered either by posting it as a registered letter to the owner’s last known address or by publishing it in a daily newspaper. For property other than land, the authority must serve a notice to the owner or the person from whose possession the property was taken, detailing the time and place for reclaiming it. If the owner fails to reclaim the property within the specified period, the authority may sell the property and pay the proceeds to the rightful owner or another designated person. Failure to comply with these regulations may result in legal consequences. While specific offences and penalties are not detailed in the provided text, it is reasonable to infer that non-compliance could lead to administrative or legal actions. For instance, not reclaiming a vessel or property within the specified period could result in the loss of ownership rights to the Commonwealth, and the failure to properly serve notice could potentially invalidate the requisition or immobilization processes.

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