STATUTORY RULES.
1942. No. 200.
REGULATIONS UNDER THE NATIONAL SECURITY ACT 1930-1940 *
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 1939-1940.
Dated this twenty-seventh day of April, 1942.
GOWRIE
Governor-General.
By His Excellency’s Command,
R. V. KEANE
for and on behalf of the Minister of State for Defence.
National Security (Officers of External Territories) Regulations.
Citation.
1. These Regulations may be cited as the National Security (Officers of External Territories) Regulations.
Administration.
2. These Regulations shall be administered by the Minister of State for External Territories.
Definition.
3. In these Regulations, unless the contrary intention appears—
“authorized person”, in relation to any power or function conferred on or vested in the Minister by these Regulations, means a person authorized by the Minister to exercise that power or function;
“officer” means a person holding office under any law, or under the administration, of the Territory of Papua or the Territory of New Guinea.
* Notified in the Commonwealth Gazette on 27th April, 1942.
2238. —Price 5d.
Administrator of Papua.
4.—(1.) The person for the time being holding the office of Administrator of Papua shall not exercise any of the powers or functions appertaining to his office, and shall be deemed to have been granted in accordance with the conditions of his appointment and the laws of the Territory as from the twenty-third day of March, 1942, all recreation and long leave of absence for which he is eligible under those conditions and laws.
(2.) Except during the period of leave of absence deemed to have been granted to him, no remuneration shall be payable to the person specified in the last preceding sub-regulation while this regulation continues in operation.
Administrator of New Guinea.
5.—(1.) The person for the time being holding the office of Administrator of the Territory of New Guinea shall not exercise any of the powers or functions appertaining to his office.
(2.) Except during any period of leave of absence granted to him, no remuneration shall be payable to the person specified in the last preceding sub-regulation while tills regulation continues in operation.
Judges of Papua and New Guinea.
6. Every person holding the office of judge of any court of the Territory of Papua or the Territory of New Guinea at the date of the commencement of these Regulations is hereby suspended from that office as on and from that date until the suspension is removed by the Governor-General by proclamation:
Provided that where the judge is, at the date of the commencement of these Regulations, on any leave of absence which has been granted to him in accordance with the law of the Territory of Papua or the Territory of New Guinea, as the case may be, or by the Minister or an authorized person in pursuance of any power conferred by or under these Regulations, the period of suspension shall not commence until the date immediately following the date upon which that leave of absence expires.
Members of the Executive and Legislative Councils.
7. Every person holding the office of member of the Executive Council or Legislative Council for the Territory of Papua or the Territory of New Guinea at the date of commencement of these Regulations is hereby suspended from that office as on and from that date until the suspension is removed by the Governor-General by proclamation.
Suspension of officers.
8. Every person who is an officer of the Public Service of the Territory of Papua or the Territory of New Guinea at the date of the commencement of these Regulations is hereby suspended from his office as on and from that date until the suspension is removed by the Governor-General by proclamation:
Provided that where the officer is, at the date of the commencement of these Regulations, on any leave of absence which has been granted to him in accordance with the law of the Territory of Papua or the Territory of New Guinea, as the case may be, or by the Minister or an authorized person in pursuance of any power conferred by or under these Regulations, the period of suspension shall not commence until the date immediately following the date on which that leave of absence, or any leave of absence continuous therewith which is granted subsequently to the date of commencement of these Regulations, expires.
Construction of regulations 6 and 8.
9. Where in pursuance of any power conferred by or under these Regulations any person who, but for this regulation, would be suspended from his office as on and from the date of commencement of these Regulations, has been granted leave of absence as from a date prior to the date of commencement of these Regulations, that person shall, for the purposes of regulation 6 or regulation 8 of these Regulations, be deemed to have been on leave of absence at the date of commencement of these Regulations.
No remuneration to be payable
10. No remuneration shall be payable during the period of suspension to any judge or officer in respect of the office from which he is suspended.
Remuneration of officers in certain cases
11.—(1.) Where an officer who has been suspended from office by these Regulations has not received, in respect of his office, payment in full of the amount of the remuneration for some period prior to his suspension, he may, subject to this regulation, be paid in respect of that period such an amount (if any), not exceeding an amount equivalent to so much of the first-mentioned amount as he has not received less any amount of remuneration which he has received or is entitled to receive in respect of or during that period from any employment or occupation unconnected with his office, as the Minister, having regard to all the circumstances of the case, thinks just, but he shall not be entitled to receive, in respect of his office, any other remuneration for that period.
(2.) No amount shall be paid in pursuance of this regulation to any officer for any period unless and until he furnishes to the Minister or authorized person such evidence as the Minister or authorized person requires as to the amounts (if any) of remuneration which he has received or is entitled to receive in respect of or during that period from any employment or occupation unconnected with his office.
Certain payment of salary to dependants.
12. The Minister may cause to be paid, to such members of an officer’s family as he is satisfied are normally dependent upon the officer’s earnings, such portion of the remuneration payable to the officer as the Minister thinks fit, and any such payment of that portion shall discharge the obligation to pay that portion to the officer as if the payment had been made to the officer.
Suspension not to be reckoned as part of service.
13. For the purpose of determining any existing or accruing rights to which any person suspended from office by these Regulations is or may become entitled or eligible, the period of suspension and the period which commenced on the twelfth day of February, 1942, and ended or ends on the day immediately preceding the commencement of the suspension shall not, except as provided in these Regulations, be reckoned as part of his service, but the continuity of his service shall not be deemed to have been broken during those periods.
Persons suspended may engage in other employment.
14. Any person suspended from office by these Regulations may, during the period of suspension, or during any period of leave of absence prior to suspension, engage in any other employment or occupation, and accept remuneration therefor.
Powers of Minister.
15.—(1.) The Minister or an authorized person may exercise all or any of the powers and functions vested, by or under any Ordinance specified in the Schedule to these Regulations or by or under any
regulation made under any such Ordinance, in the Administrator or any authority of the Territory of Papua or the Territory of New Guinea, as the case may be, or in any officer, and no such Administrator, authority or officer shall be entitled to exercise any of those powers or functions while he is on leave of absence.
(2.) Notwithstanding anything contained in any law of the Territory of Papua or the Territory of New Guinea, where any officer of either of those Territories had, immediately prior to the twelfth day of February, 1942, completed a period of service in respect of which he had not been granted, and was eligible for, leave of absence, the Minister or an authorized person may grant to him leave of absence, in respect of that period of service, for a period which bears to the period of leave of absence to which he would have been entitled if the period of service were equal to the minimum period of service in respect of which leave of absence may be granted, the same proportion as the period of service bears to that minimum period.
(3.) The Minister or an authorized person, in the exercise of any power to grant leave of absence vested in him by the last preceding sub-regulation, may grant leave of absence to any officer as from a date prior to the date of the commencement of these Regulations (not being, except in the case of leave of absence for war service, earlier than the eleventh day of February, 1942) and notwithstanding that the officer is suspended from his office by these Regulations.
(4.) Where any authorized person has, since the eleventh day of February, 1942, purported to grant any leave of absence to any officer the grant of such leave of absence shall be deemed to be and at all times to have been as valid and effectual as if this regulation had been in force at the date of the grant.
Superannuation rights and contributions.
16.—(1.) Where any person, but for his suspension from office under these Regulations, would have been required to contribute under either the Superannuation Ordinance, 1917-1941 of the Territory of Papua or the Superannuation Ordinance 1928-1940 of the Territory of New Guinea, he may, in writing, elect—
(a) to contribute at a rate equal to two-thirds of the rate at which he was contributing immediately prior to his suspension; or
(b) to contribute at such lesser rate as the Minister having regard to the wishes of the person electing, determines.
(2.) Where a person contributes in accordance with an election made under paragraph (a) or (b) of the last preceding sub-regulation; he shall be entitled to the same benefits under that Ordinance as those to which he would be entitled—
(a) if there were included in his period of service for the purposes of that Ordinance such part of his period of suspension as bears to the period of his suspension the same proportion as the rate of contribution during that period bears to the rate at which he was contributing immediately prior to his suspension; and
(b) as if during the period of service so included he had been in receipt of a salary at a rate equal to the rate of salary he was receiving immediately prior to his suspension.
(3.) If any person (other than a person specified in sub-regulation (6.) of this regulation), within one month after his suspension under these Regulations, fails to elect in accordance with sub-regulation (1.) of this regulation, he shall, subject to the next succeeding sub-regulation, be deemed to have elected in accordance with paragraph (a) of sub-regulation (1.) of this regulation.
(4.) Where a person elects or is deemed to have elected in pursuance of any of the foregoing provisions of this regulation the contributions payable by him shall be payable at such intervals of time, and in such manner, as the Minister determines.
(5.) Where any contribution payable by any person specified in the foregoing provisions of this regulation remains unpaid for more than one month that person shall not be entitled to receive any benefits under the appropriate Ordinance while the contribution remains so unpaid:
Provided that if he dies while the contribution remains unpaid an amount equal to the amount of all contributions made by him under that Ordinance shall be paid to his legal personal representative.
(6.) Where any person to whom a detention allowance may be paid or credited in accordance with regulation 18 of these Regulations is unable, by reason of his being in enemy hands or in territory in enemy occupation or awaiting evacuation to Australia or being en route to Australia in the course of evacuation, to elect in accordance with sub-regulation (1.) of this regulation, that person shall be deemed to have elected in accordance with paragraph (a) of that sub-regulation, and any contributions required to be made in accordance with that election shall be deducted from the detention allowance which may be paid or credited to that person.
Person entitled to retire on superannuation pension who is employed by the Commonwealth or a State.
17. Where a person who is granted a superannuation allowance under the Superannuation Ordinance, 1917-1941 of the Territory of Papua or the Superannuation Ordinance 1928-1940 of the Territory of New Guinea after the commencement of these Regulations is employed by the Commonwealth, or by a State or Territory of the Commonwealth, or by any public authority of the Commonwealth or a State, the rate of superannuation allowance payable to him during that period of employment shall be fifty per centum of the rate to which he would have been entitled but for this regulation.
Detention allowances.
18.—(1.) Where as a result of enemy action in the Territory of Papua or in the Territory of New Guinea, an officer who is suspended from office by these Regulations is in enemy hands, or in territory in enemy occupation, or in either of those Territories awaiting evacuation to Australia, or is en route to Australia in the course of evacuation, there shall be paid to, or, if payment is impracticable, credited to, that officer, for the period commencing on the date of commencement of the suspension and ending on the date of the expiration of the period of one month from that date or on the date of the arrival of the officer in Australia, whichever is the later, a detention allowance at a rate to be prescribed.
(2.) The Minister may cause such portion of any detention allowance so credited as he thinks fit to ho paid to such members of the officer’s family as he is satisfied are normally dependent upon that officer’s earnings.
2238.—2
Allowance while awaiting employment.
19. Where any officer who is suspended from office by these Regulations has arrived or arrives in Australia after evacuation and is unemployed, the Minister may, in his discretion, direct that there be paid to that officer, until he obtains employment, an allowance at a rate to be prescribed:
Provided that no such allowance shall be paid to any officer for more than one month after the commencement of these Regulations or the arrival of the officer in Australia, whichever is the later.
Saving of acts, things and orders under National Security (Emergency Control) Regulations.
20. Nothing in these Regulations shall affect the operation of any act or thing done, or any order made, under the National Security (Emergency Control) Regulations, in relation to the exercise by any officer in the Territory of Papua or the Territory of New Guinea of the functions of his office.
THE SCHEDULE.
Reg. 15.
ORDINANCES OF THE TERRITORY OF PAPUA.
Royal Papuan Constabulary Ordinance 1939-1940.
Superannuation Ordinance 1917-1941.
The Public Service Ordinance of 1907.
ORDINANCES OF THE TERRITORY OF NEW GUINEA.
Police Force Ordinance 1930-1940.
Public Service Ordinance 1922-1940.
Superannuation Ordinance 1928-1940.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.