National Security (Internment Camps) Regulations (Amendment)

Legislation au C1943L00131 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1943. No. 131.

 

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.*

I, THE DEPUTY OF 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 1939-1940.

Dated this twentieth day of May, 1943.

Deputy of the Governor-General.

By His Excellencys Command,

for and behalf of the Minister of State for Defence.

 

Amendments of the National Security (Internment Camps) Regulations.

Cash accounts.

1. Regulation 15 of the National Security (Internment Camps) Regulations is amended by omitting sub-regulation (2.).

Issue of canteen orders or tokens.

2. Regulation 21 of the National Security (Internment Camps) Regulations is amended by adding at the end thereof the following sub-regulations:—

(3.) A person shall not, without lawful authority (proof whereof shall lie upon him), manufacture or cause to be manufactured, supply, or offer to supply, deal in, or have in his possession, any order or token issued in pursuance of this regulation, or any colourable imitation of any such order or token.

(4.) Nothing in this regulation shall prevent any internee from having in his possession or using any token issued in pursuance of this regulation or parting with the possession of any such token to another internee in the same camp whether for or without any consideration.”.

 

* Notified in the Commonwealth Gazette on , 1943.

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

1405.—Price 3d.  25/11.5.1943.


3. After regulation 25 of the National Security (Internment Camps) Regulations the following regulation is inserted:—

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

25a. 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 any such compensation shall not exceed the sum of Two pounds for loss of or damage to any one 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 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 the Camp Commandant or other person so authorized has acknowledged in writing the correctness of the facts set out in the statement and that the values therein stated are reasonable..

Exemption from postal and railway charges.

4. Regulation 30 of the National Security (Internment Camps) Regulations is amended by inserting in sub-regulation (1.), after the word Letters, the words (other than letters despatched by air mail to places outside Australia).

Outward letters and communications.

5. Regulation 31 of the National Security (Internment Camps) Regulations is amended by omitting from paragraph (b) of sub-regulation (3.) the words letters by airmail, or.

6. After regulation 40a of the National Security (Internment Camps) Regulations the following regulation is inserted:—

Prevention of escapes.

40b. Where any internee escapes or attempts to escape from custody or detention, any guard or sentry who is a Commonwealth officer, a constable or a member of the Naval, Military or Air Forces of any part of the Kings dominions or of any Power allied or associated with His Majesty in any war in which His Majesty is engaged may use arms against or otherwise attack the internee for the purpose of recapturing the internee or of preventing the escape..

Deaths.

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

(a) by inserting after sub-regulation (1.) the following sub-regulations:—

(1a.) The Camp Commandant may arrange for the funeral and burial of any deceased internee.

(1b.) The cost of any funeral and burial so arranged of any deceased internee who, at the time of his death, was a British subject, or was not possessed of the nationality of a state at war with His Majesty may, subject to the provisions of sub-regulation (1c.) of this regulation, be withdrawn by the Camp Commandant from the funds (if any) standing to the credit of that deceased internee in his cash account or his bank account, or, if there is no such credit or the credit is insufficient, may be recovered in any court of competent jurisdiction as if it had been a debt due to the Commonwealth by that deceased internee at the time of his death.


(1c.) If a deceased internee specified in the last preceding sub-regulation was a married woman and the whole or any part of the cost of the funeral and burial arranged by the Camp Commandant has not been recovered by the Commonwealth, the cost of the funeral and burial, or so much thereof as has not already been recovered, shall be a debt due by the husband of the deceased internee to the Commonwealth, and may, if the husband is an internee, be withdrawn by the Camp Commandant from the funds (if any) standing to the credit of the husband in his cash account or bank account, or may be recovered by the Commonwealth in any court of competent jurisdiction.; and

(b) by adding at the end thereof the following sub-regulation:—

(3.) Notwithstanding anything contained in this regulation, the Prisoners of War Information Bureau may deliver to the person appearing in its records as the next of kin of a deceased internee personal effects of the deceased internee, other than money and jewellery, not exceeding in value the sum of Twenty-five pounds..

 

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

Overview

Statutory Rules 1943 No. 131, made under the National Security Act 1939-1940, were introduced to address the urgent need for amendments to the regulations governing internment camps during wartime, particularly concerning the administration and security of internees. Enacted by the Deputy of the Governor-General in Australia, these regulations aimed to refine the management of internees' finances, control the use of canteen orders, establish compensation limits for lost or damaged property, restrict the use of airmail for outward communications, and address the prevention of escapes and the handling of internees' deaths. The overarching policy objective was to ensure the orderly and secure management of internment camps while balancing the rights and welfare of the internees within the framework of national security imperatives.

Scope and Application

The Statutory Rules of 1943, No. 131, made under the National Security Act 1939-1940, pertain to amendments in the National Security (Internment Camps) Regulations, particularly focusing on aspects such as cash accounts, canteen orders or tokens, compensation for loss or damage to internees' property, postal and railway charges, prevention of escapes, and funeral arrangements for deceased internees. These regulations apply to internees within internment camps established under the National Security Act, thereby affecting their rights and obligations while detained. The regulations cover Commonwealth-wide territories, extending the jurisdiction to all internment camps established under the act. The scope of the legislation is further detailed through subordinate instruments, which may include additional rules and amendments that extend or restrict the application of these regulations.

Key Provisions

The National Security (Internment Camps) Regulations, amended by Statutory Rules 1943, No. 131, introduce several changes aimed at enhancing the management and administration of internment camps under the National Security Act 1939-1940. Firstly, Regulation 15 is amended to remove sub-regulation (2), which previously dealt with specific details now omitted. Secondly, Regulation 21 is expanded to include new sub-regulations (3) and (4). Sub-regulation (3) prohibits the manufacture, supply, or possession of canteen orders or tokens without lawful authority, while sub-regulation (4) clarifies that internees can possess, use, or transfer tokens among themselves. Regulation 25a introduces provisions for compensation in cases of loss or damage to internees' property during transfer, capping compensation at specific amounts unless a detailed inventory and valuation are submitted beforehand. These amendments impose several obligations on the parties involved. The Camp Commandant is now responsible for arranging the funeral and burial of deceased internees, with associated costs potentially deducted from the internee's accounts or recovered from their next of kin. Additionally, guards and sentries are authorised to use force, including arms, to recapture escaping internees. Internees must ensure that any valuables are properly documented if they wish to claim higher compensation for loss or damage. Failure to comply with these regulations may result in various consequences. For instance, manufacturing or dealing in canteen orders or tokens without lawful authority is strictly prohibited and can lead to legal action. Similarly, the unauthorised escape of an internee may result in the use of force to recapture them, which could have severe implications if not handled properly. The regulations also impose financial liabilities on internees or their next of kin for unpaid funeral and burial costs. These measures underscore the importance of adhering to the stipulated procedures to maintain order and accountability within the internment camps.

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