STATUTORY RULES.
1943. No. 266.
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 twelfth day of October, 1943.
Governor-General.
By His Excellency’s Command,
(Sgd) J. M. Fraser
for and on behalf of the Minister of State for Defence.
National Security (Malaria) Regulations.
Citation.
1. These Regulations may be cited as the National Security (Malaria) Regulations.
Administration.
2. These Regulations shall be administered by the Minister of State for Health.
Definitions.
3. In these Regulations, unless the contrary intention appears—
“declared locality” means any part of the Commonwealth declared by the Minister, under the next succeeding regulation, to be a locality to which these Regulations shall apply;
“the Chief Health Officer” means—
(a) in relation to the State of New South Wales—the Director-General of Public Health;
(b) in relation to the State of Victoria—the Chief Health Officer;
(c) in relation to the State of Queensland—the Director General of Health and Medical Services;
* Notified in the Commonwealth Gazette on , 1943.
5756.—Price 3d. 9/28.9.1943.
(d) in relation to the State of South Australia—the Chairman of the Central Board constituted under the Health Act, 1935-1936 of that State;
(e) in relation to the State of Western Australia—the Commissioner of Public Health; and
(f) in relation to the State of Tasmania—the Director of Public Health.
Declaration of localities.
4. If the Minister is satisfied that any part of the Commonwealth is affected, or is likely to be affected, with malaria, and that, with a view to the protection of the Armed Forces of His Majesty or of any Power allied or associated with His Majesty in the present war, special measures of control are necessary in that part of the Commonwealth, he may, by order published in the Gazette, declare that part of the Commonwealth to be a locality to which these Regulations shall apply.
Persons may be required to submit to examination and treatment for malaria.
5.—(1.) An officer appointed to act under these Regulations by the Minister, or by the Chief Health Officer of the State in which the declared locality is situated, may, by notice in writing, require any person (other than a member of the Armed Forces of His Majesty or of any Power allied or associated with His Majesty in the present war) in a declared locality to submit to examination or treatment for malaria, or to both.
(2.) An examination under the last preceding sub-regulation may include—
(a) the taking of specimens, including specimens of blood; and
(b) clinical and bacteriological methods of examination.
(3.) A notice under sub-regulation (1.) of this regulation shall specify the name of the hospital or other place at which, or of the medical practitioner to whom, the person shall submit himself for examination or treatment, or both, and the time or times and place or places at which he shall so submit himself.
Removal of persons to hospitals in certain cases.
6. Where any person has refused or failed to submit to examination as required by or under these Regulations, or has refused or failed to undergo, or has been prevented by any cause from undergoing, or is unable from any cause to undergo, treatment for malaria as required by or under these Regulations, an officer appointed to act under these Regulations by the Minister, or by the Chief Health Officer of the State concerned, may cause that person to be removed to a hospital or other place and that person shall there submit to examination or treatment for malaria, or to both.
Compliance with notices.
7. A person shall comply with the requirements of any notice under these Regulations which is applicable to him.
Provisions with respect to children.
8. Any notice under these Regulations to a person under the age of sixteen years may, if that person is residing with his father, be given to the father, or may, if that person is not residing with his father, be given to the person having control of the person to whom the notice relates, and the person to whom the notice is given shall ensure that the person to whom the notice relates complies with the requirements of the notice.
Persons undergoing treatment not to leave hospitals until discharged.
9. A person who is undergoing treatment for malaria in a hospital or other place in pursuance of a requirement made under these Regulations shall not leave the hospital or place until the medical superintendent of the hospital or place, or a medical officer empowered to do so, has authorized the discharge of that person from the hospital or place.
Persons not to be liable for expenses of examination and treatment.
10. A person shall not be liable for the expenses of any examination or treatment to which he is required to submit under these Regulations or for the expenses of any hospital or other accommodation incurred by reason of these Regulations not exceeding the expenses of accommodation in public wards of hospitals in the State concerned.
Indemnity in respect of action taken in pursuance of these Regulations.
11. No action shall lie against the Commonwealth or against any officer or person acting in pursuance of these Regulations in respect of any examination, treatment or removal to, or detention in, a hospital or place in pursuance of these Regulations, but, if the Governor-General is satisfied that any person has been removed to, or detained in, a hospital or place without reasonable cause, he may award such compensation in respect thereof as he considers reasonable.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.