National Security (Internment Camps) Regulations (Amendment)

Legislation au C1946L00070 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1946. No. 70.

 

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 tenth day of April, 1946.

HENRY

Governor-General.

By His Royal Highness’s Command,

E. M. FORDE

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

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Amendments of the National Security (Internment Camps) Regulations.

Internees’ representatives.

1. Regulation 13 of the National Security (Internment Camps) Regulations is amended by omitting from sub-regulation (4.) the words “(other than censorship)”.

Outward letters and communications.

2. Regulation 31 of the National Security (Internment Camps) Regulations is amended—

(a) by omitting sub-regulations (1.) and (2.) and inserting in their stead the following sub-regulations:—

“(1.) Subject to such restrictions and conditions as are imposed by these Regulations and the Internment Camp Orders, an internee shall be allowed to send two letters or postcards in each week:

Provided that an internee shall not be allowed to send two letters on the same day except in cases where special circumstances exist and then only with the permission of the Camp Commandant.

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* Notified in the Commonwealth Gazette on 11th April, 1946.

† Statutory Rules 1941, No.7, as amended by Statutory Rules 1941, Nos.70, 113, 172, 203, 223, 225 and 250; 1942, Nos. 316, 369 and 390; 1943, Nos. 131 and 265; and 1944, Nos. 20 and 159.

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“(2.) The Internment Camp Orders may prescribe conditions as to the length of letters sent by internees and the stationery to be used”; and

(b) by omitting from the proviso to paragraph (b) of sub-regulation (3.) the words “and shall be subject to censorship”.

Censorship of letters and parcels.

3. Regulation 33 of the National Security (Internment Camps) Regulations is amended by omitting sub-regulation (1.)

Local examination of letters, &c.

4. Regulation 34 of the National Security (Internment Camps) Regulations is amended by omitting the words “In addition to censorship by the Post and Telegraph Censorship Authority, the” and inserting in their stead the word “The”.

Inward letters.

5. Regulation 35 of the National Security (Internment Camps) Regulations is amended by omitting from sub-regulation (1.) the words “censorship, and to”.

Letters, &c., where internees are in civil or military hospitals.

6. Regulation 38 of the National Security (Internment Camps) Regulations is amended by omitting paragraphs (b) and (c) and inserting in their stead the following word and paragraph:—

“and

(b) if the Camp Commandant considers it necessary, all letters, postcards and parcels dispatched by, or addressed to, the internee are sent to the camp for examination.”.

_________________

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

Overview

The Statutory Rules 1946, No. 70, issued under the National Security Act 1939-1943, were enacted to make amendments to the National Security (Internment Camps) Regulations. These regulations were originally created to manage and control the operations of internment camps established during the Second World War for the detention of enemy aliens and other individuals deemed a security risk. The regulations were issued by the Governor-General, acting on the advice of the Federal Executive Council, to address the need for updated rules governing the communication rights and censorship of internees within these camps. The policy objective of these amendments was to provide more flexibility and less stringent censorship on the correspondence of internees, while still maintaining necessary security controls.

Scope and Application

The Statutory Rules 1946 No. 70, made under the National Security Act 1939-1943, focus on amending the National Security (Internment Camps) Regulations to refine the conditions under which internees can communicate. These regulations apply to individuals detained in internment camps, affecting their rights to send and receive letters and parcels, and the processes by which these communications are monitored and controlled. The regulations pertain to the Commonwealth of Australia, thereby having a national reach. The amendments primarily address the reduction of censorship restrictions and clarify the procedures for handling communications sent to and from internees, including specific provisions for letters and parcels addressed to or from internees who are in civil or military hospitals. This legislation does not introduce new exclusions or exemptions but rather modifies existing provisions to streamline the management of internees' communications. The application and scope of these regulations can be further extended or restricted through subsequent subordinate instruments, allowing for adjustments based on evolving security needs and operational considerations.

Key Provisions

These Regulations, made under the National Security Act 1939-1943, amend the National Security (Internment Camps) Regulations to modify the communication and correspondence procedures for internees in internment camps. Regulation 13(4) is amended by removing the phrase "(other than censorship)" to clarify that certain restrictions apply to all correspondence, including that which might otherwise be exempt from censorship (Regulation 1). Regulation 31 is amended to allow internees to send two letters or postcards each week, subject to specific conditions and restrictions (Regulation 2). It further specifies that sending two letters on the same day is only permitted under special circumstances and with the approval of the Camp Commandant. The length of letters and the type of stationery used can be regulated by the Internment Camp Orders (Regulation 2). The Regulations impose obligations on various parties, including the internees, the Camp Commandant, and the Internment Camp Orders. Internees are required to comply with the communication restrictions and conditions imposed by these Regulations and the Internment Camp Orders (Regulation 2). The Camp Commandant has the authority to approve exceptions to the restrictions on sending letters on the same day, as well as to order the examination of all correspondence where necessary (Regulations 2 and 6). The Internment Camp Orders must set out the permissible conditions for correspondence, such as the length of letters and the type of stationery (Regulation 2). Violations of the Regulations may result in legal consequences, although the specific offences and penalties are not explicitly stated within the text. Given the context of the National Security Act 1939-1943 and the regulatory framework, breaches of the Regulations could potentially lead to civil or criminal penalties, including fines and imprisonment, as determined by the relevant authorities. The precise penalties would depend on the nature and severity of the breach, as well as any applicable laws and regulations.

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National Security Law
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Definitions & Interpretation
Offence Provisions
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.