National Security (Internment Camps) Regulations (Amendment)

Legislation au C1944L00159 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1944. No. 159.

––––––

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1943.*

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

W. DUGAN

Administrator

By His Excellency’s Command,

(Sgd.) F. M. FORDE

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

 

Amendments of the National Security (Internment Camps) Regulations.†

Action to be taken on arrival of internee.

1. Regulation 14 of the National Security (Internment Camps) Regulations is amended by omitting from paragraph (b) of sub-regulation (1.) the word “he” (first occurring) and inserting in its stead the words “his person and all his baggage”.

2. Regulation 25a of the National Security (Internment Camps) Regulations is repealed and the following regulation inserted in its stead:—

Compensation for loss or damage caused to property of internees during transfer.

“25a.—(1.) Where, during transfer of any internee to an internment camp or from one internment camp to another, his property is lost or damaged under circumstances involving liability for compensation on the part of the Commonwealth, the amount of that compensation shall not exceed the sum of Two pounds for loss of or damage to any one

 

* Notified in the Commonwealth Gazette on  , 1944.

† Statutory Rules 1941, No. 7, as amended by Statutory Rules 1941, Nos. 76, 113, 172, 203, 223, 225 and 250; 1942, Nos. 316, 369 and 390; 1943, Nos. 131, 255; and 1944, No. 20.

447.—Price 3d. 22/26.9.1944.


article, or Ten pounds for loss of or damage to any article of baggage and the contents thereof, unless, prior to the commencement of his journey, the internee has—

(a) delivered to the Camp Commandant or some other person authorized by the Commander of the Lines of Communication Area in which the internee is present at the commencement of the journey, a written statement setting out the nature and contents of his baggage and the value of each article contained therein; and

(b) produced the contents of his baggage for inspection by the Camp Commandant or other person so authorized.

“(2.) The last preceding sub-regulation shall not apply unless a copy of this regulation has been handed to the internee, or he has been otherwise notified of its contents, prior to the commencement of his journey.

“(3.) If the internee has, before the commencement of the journey, been in an internment camp for a period of not less than thirty days, it shall be sufficient notification to him for the purposes of the last preceding sub-regulation if a copy of this regulation has, during a period of thirty days spent by him in that camp, been kept posted in some prominent place in each compound of that camp.”.

Deaths.

3. Regulation 46 of the National Security (Internment Camps) Regulations is amended—

(a) by adding at the end of sub-regulation (2.) the following proviso:—

“Provided that, where at any camp any personal effects (being articles of clothing or bedding) of the deceased internee are of no substantial value, the Camp Commandant may, in his discretion and in such manner as he thinks fit, after consultation with the internees’ representative at the camp, destroy or dispose of the articles or bedding.”; and

(b) by omitting from sub-regulation (3.) the words “, other than money and jewellery,”.

 

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

Overview

Statutory Rules 1944, No. 159, made under the National Security Act 1939-1943, aims to amend the National Security (Internment Camps) Regulations to address specific issues related to the treatment of internees within internment camps, particularly in relation to the management of their personal property and the handling of deceased internees' belongings. Enacted by the Administrator of the Government of Australia on behalf of the Minister of State for Defence, these regulations seek to provide clarity and structure in the administration of internment camps during a time of national security concern. The regulations focus on establishing compensation limits for loss or damage to internees' property during transfer, and outline procedures for the disposal of deceased internees' personal effects, aiming to ensure orderly and fair treatment within the camps.

Scope and Application

The Statutory Rules 1944 No. 159, made under the National Security Act 1939-1943, amend the National Security (Internment Camps) Regulations to alter the compensation for loss or damage to internees' property during transfer to or between internment camps, and to modify the handling of deceased internees' personal effects. These regulations apply specifically to internees, their property, and the authorities managing internment camps within the Commonwealth. The amendments extend to all internment camps operated under the National Security Act and do not explicitly exclude any categories of internees or property. The regulations are applicable across the entire Commonwealth, reflecting the federal nature of the legislation. Notably, the regulations do not specify thresholds or exemptions but instead focus on procedural adjustments and limitations on compensation. The scope of the application is further extended through subordinate instruments, which may include additional regulations or orders made under the authority of the National Security Act.

Key Provisions

The main operative sections of these regulations pertain to amendments regarding the treatment of internees' property during transfers to or between internment camps and modifications to the handling of deceased internees' belongings. Firstly, Regulation 14 is amended to ensure that the term “his person and all his baggage” is explicitly covered in the search procedures upon the internee's arrival at the camp (section 1). Secondly, Regulation 25a is replaced with new provisions detailing compensation limits for property lost or damaged during transfer. It states that compensation will be capped at £2 for a single item or £10 for an article of baggage and its contents, unless the internee provides a written inventory and allows inspection before the journey (section 2). Thirdly, Regulation 46 is amended to allow the Camp Commandant to dispose of or destroy the deceased internee's personal effects if they are of no substantial value, following consultation with the internees' representative (section 3). These regulations impose several obligations on the parties involved. The Commonwealth is required to provide compensation for property lost or damaged during the transfer of internees, subject to the specified limits. Internees must declare and, if necessary, present their belongings for inspection prior to transfer. The Camp Commandant must ensure that internees are aware of the compensation regulations before their transfer and maintain awareness of these rules within the camp. In the event of an internee's death, the Camp Commandant must handle the deceased's personal effects according to the amended regulations, including the option to dispose of items deemed of no substantial value. The regulations also outline consequences for non-compliance. Although specific offences and penalties are not detailed in the text, the failure to adhere to these provisions could result in legal ramifications. For instance, not providing the required declaration and inspection of baggage could lead to disputes over compensation claims. Similarly, mishandling the deceased's personal effects without following the prescribed procedures might attract administrative or legal scrutiny. The precise nature and extent of penalties would depend on broader legal frameworks and administrative guidelines, but non-compliance could lead to civil or administrative actions against the responsible parties.

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