STATUTORY RULES.
1942. No. 491.
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REGULATION 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 Regulation under the National Security Act 1939-1940.
Dated this Thirteenth
day of November , 1942.
Deputy of the Governor-General.
By His Excellency’s Command,
for and on behalf of the Minister of
State for Defence.
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Amendment of the National Security (Military Forces) Regulations.†
The National Security (Military Forces) Regulations are amended by adding at the end thereof the following regulation:—
Members of the Forces sentenced abroad and returned to Australia.
“18.—(1.) Any member of the Military Forces who, while absent from Australia—
(a) has been convicted of an offence by a civil Court in any part of His Majesty’s dominions outside Australia and has been sentenced to undergo a term of imprisonment or penal servitude in respect of that offence, and
(b) prior to the completion of that sentence, is returned to Australia there to undergo his sentence or the residue thereof,
may, on his return to Australia, be imprisoned in a civil or military prison for a period not exceeding the unexpired portion of the term of imprisonment or penal servitude to which he was sentenced.
“(2.) Any writing purporting to be signed by the proper authority of the part of His Majesty’s dominions in which the member was sentenced and purporting to authorize the return of the member to Australia and to furnish particulars of the conviction, the sentence and the portion (if any) of the sentence served by the member prior
* Notified in the Commonwealth Gazette on , 1942.
† Statutory Rules 1941, No. 1, as amended by Statutory Rules 1941, Nos. 10, 202, 294 and 295; and 1942, Nos. 24, 42, 104, 135, 156, 187, 240, 277 and 341.
7149.—Price 3d. 25/2.10.1942.
to his departure from that part shall, in the absence of proof to the contrary, be sufficient proof that the member’s return was duly authorized and of the matters stated in the writing.
“(3.) Where any such writing is delivered to the officer in charge of a civil or military prison in any State or Territory of the Commonwealth, it shall be sufficient authority for that officer to receive into custody the member named in the writing and to detain him in the prison for a period not exceeding the unexpired portion of the term of imprisonment or penal servitude to which he was sentenced.”.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1942 No. 491, made under the National Security Act 1939-1940, address the issue of military personnel who are convicted of offences abroad and subsequently returned to Australia. Enacted by the Deputy of the Governor-General with the advice of the Federal Executive Council, these regulations aim to ensure that members of the military who have been sentenced to imprisonment overseas and are returned to Australia before serving their full sentence, can be held in a civil or military prison for the unexpired portion of their sentence. This regulation seeks to provide a clear legal framework for the enforcement of foreign sentences within Australia, by requiring a written authorisation from the sentencing authority as proof of the conviction, sentence, and any portion of the sentence already served. This legislative instrument was designed to maintain order and discipline within the military forces during times of national security concern.
Scope and Application
This regulation, made under the National Security Act 1939-1940, applies specifically to members of the Military Forces who have been convicted of an offence by a civil court in any part of His Majesty's dominions outside Australia and have been sentenced to imprisonment or penal servitude. Upon returning to Australia before completing their sentence, these individuals may be imprisoned in a civil or military prison for the unexpired portion of their sentence. The regulation extends to any member of the Military Forces who is sentenced abroad and returns to Australia, and it applies to any part of His Majesty's dominions outside Australia, thus having a broad jurisdictional reach. The regulation also includes provisions for the acceptance of written authorisation from the sentencing authority as sufficient proof of the member's return and the details of their conviction and sentence. This written authorisation serves as the authority for the officer in charge of a civil or military prison to detain the member for the unexpired portion of their sentence. The regulation does not explicitly state any exclusions, exemptions, or thresholds, but it does clarify that any such writing shall be sufficient authority unless proven otherwise.
Key Provisions
The main operative sections of this Statutory Rule are sections 18(1), 18(2), and 18(3) of the amended National Security (Military Forces) Regulations. Section 18(1) allows for any member of the Military Forces who has been convicted of an offence outside Australia and subsequently returned to Australia before completing their sentence to be imprisoned for the unexpired portion of their sentence. Section 18(2) establishes that any document purporting to be signed by the proper authority from the part of His Majesty's dominions where the member was sentenced, which authorises their return to Australia and provides details of the conviction, sentence, and the portion of the sentence served, shall be considered sufficient proof of the member's return and the details stated in the document, unless proven otherwise. Finally, section 18(3) specifies that such a document, when delivered to the officer in charge of a civil or military prison in any state or territory of the Commonwealth, serves as sufficient authority for the officer to receive the member into custody and detain them for the unexpired portion of the term of imprisonment or penal servitude to which they were sentenced.
The obligations imposed on the parties or entities governed by this Act include the requirement for any writing that purports to be signed by the proper authority from the part of His Majesty's dominions where a member of the Military Forces was sentenced, to be presented to the officer in charge of the relevant prison. This document must authorise the member's return to Australia and furnish particulars of the conviction, the sentence, and the portion of the sentence served by the member prior to their return. The officer must then accept the member into custody and detain them for the unexpired portion of the term of imprisonment or penal servitude to which they were sentenced, as per section 18(3).
There are no specific offences, penalties, or civil/criminal consequences mentioned in the text of the Statutory Rule for breach of its provisions. However, the enforcement of the Act likely falls under the broader provisions of the National Security Act 1939-1940, which may include penalties for non-compliance or improper handling of the matters outlined in the Statutory Rule.