National Security (Prisoners of War) Regulations (Amendment)

Legislation au C1942L00526 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1942. No. 526.

 

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.*

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 Ninth

day of   December       , 1942.

Governor-General.

By His Excellency’s Command,

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

 

Amendments of the National Security (Prisoners of War)

Regulations.†

Definitions.

1. Regulation 2 of the National Security (Prisoners of War) Regulations is amended by omitting the definition of “prisoner of war” in sub-regulation (1.) and inserting in its stead the following definition:—

“‘prisoner of war’ includes any person who has been sent to Australia for detention in accordance with arrangements entered into by the Government of the Commonwealth and the Government of the United Kingdom or of any other part of His Majesty’s dominions or by the Government of the Commonwealth and the Government or Administration of any other country or place;”.

Detention of prisoners of war captured outside Australia.

2. Regulation 4 of the National Security (Prisoners of War) Regulations is amended by omitting the words “of any country allied with His Majesty during any war in which His Majesty is or may be engaged” and inserting in their stead the words “between the Government of the Commonwealth and the Government or Administration of any other country or place”.

 

* Notified in the Commonwealth Gazette on    , 1942.

† Statutory Rules 1941, No. 178, as amended by Statutory Rules 1941, Nos. 201 and 267; and 1942, No. 315.

5854.—Price 3d. 25/14.9.1942.


Cash accounts.

3. Regulation 13 of the National Security (Prisoners of War) Regulations is amended—

(a) by omitting sub-regulations (3.) and (4.) and inserting in their stead the following sub-regulations:—

“(3.) Where money is received by a Camp Paymaster in pursuance of this regulation he shall pay the money into a general trust account opened at the Commonwealth Savings Bank or a branch thereof:

Provided that the Camp Paymaster may retain in his possession for petty cash purposes moneys not exceeding an amount to be fixed by the Adjutant-General.

“(4.) Any interest credited by the Commonwealth Savings Bank to any account opened in pursuance of this regulation shall be the property of the Commonwealth, and no part of any such interest shall be paid to a prisoner of war or credited to the cash account of a prisoner of war.”; and

(b) by omitting from sub-regulation (5.) the words “paragraph (b) of”.

4. After regulation 13 of the National Security (Prisoners of War) Regulations the following regulation is inserted:—

Transfer of credit balances of prisoners of war.

“13a. Notwithstanding anything contained in any other law, where, under a reciprocal agreement entered into between his Majesty and the Government of an enemy country, facilities are provided for the transfer, wholly or in part, of credit balances of the accounts of prisoners of war to banks or private individuals in their country of origin, the whole or any part of the credit balance in the cash account of any prisoner of war in respect of whom the agreement applies may, from time to time, be transferred in accordance with the terms of the agreement.”.

Saluting.

5. Regulation 25 of the National Security (Prisoners of War) Regulations is amended by omitting the words “Soldier prisoners of war” and inserting in their stead the words “Prisoners of war other than officers”.

Employment of prisoners of war.

7. Regulation 29 of the National Security (Prisoners of War) Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “Soldiers who are prisoners of war” and inserting in their stead the words “Prisoners of war, other than officers and persons of equivalent status and non-commissioned officers or persons of relative rank or rating in any armed force,”; and

(b) by inserting in sub-regulation (2.), after the words “Non-commissioned officers the words “or persons of relative rank or rating in any armed force’’.


Inward letters.

8. Regulation 35 of the National Security (Prisoners of War) Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) Subject to censorship, and to the Prisoners of War Camp Orders, no limit shall be imposed on the number of letters, postcards or unmounted photographs of a domestic nature a prisoner of war may receive, but he shall not be permitted to receive picture postcards, photographs of a suspicious or objectionable nature, or letters containing pictures or drawings of such a nature.”.

Execution of sentence of detention awarded by Camp Commandant or officer commanding.

9. Regulation 54 of the National Security (Prisoners of War) Regulations is amended by omitting from paragraph (b) of the proviso to sub-regulation (1.) the words “private soldiers” and inserting in their stead the words “persons of lower status”.

Convening of military courts.

10. Regulation 58 of the National Security (Prisoners of War) Regulations is amended—

(a) by inserting in paragraph (a), after the words “prisoner of war”, the words” or person of equivalent status”; and

(b) by omitting from paragraph (b) the words “a soldier” and inserting in their stead the words “any other”.

Confirmation of findings and sentences.

11. Regulation 77 of the National Security (Prisoners of War) Regulations is amended—

(a) by inserting in paragraph (a), after the words “prisoner of war”, the words “or person of equivalent status”; and

(b) by omitting from paragraph (b) the words “a soldier” and inserting in their stead the words “any other”.

Mitigation, remission or commutation of sentence after confirmation.

12. Regulation 87 of the National Security (Prisoners of War) Regulations is amended—

(a) by inserting in paragraph (a), after the words “prisoner of war”, the words “or person of equivalent status”; and

(b) by omitting from paragraph (b) the words “a soldier” and inserting in their stead the words “any other”.

 

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

Overview

The Statutory Rules 1942 No. 526, under the National Security Act 1939-1940, was enacted to address the evolving needs of detaining prisoners of war in Australia during World War II. This legislative instrument, made by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, amends the existing National Security (Prisoners of War) Regulations to broaden the definition of a prisoner of war, facilitate the transfer of prisoners from allied countries, manage their financial accounts, and update regulations concerning their treatment and management within Australian camps. The policy objective of these amendments was to ensure that the regulations remain relevant and effective in accommodating the changing dynamics of international relations and the war effort.

Scope and Application

The Statutory Rules 1942 No. 526, which amend the National Security (Prisoners of War) Regulations, applies to any person who has been sent to Australia for detention in accordance with arrangements between the Government of the Commonwealth and the Government of the United Kingdom or any other part of His Majesty’s dominions or any other country or place. These regulations govern the detention of prisoners of war captured outside Australia and extend to cover the financial transactions, employment, communication, and legal proceedings concerning these prisoners. The regulations apply nationally across Australia and are applicable to all prisoners of war regardless of their country of origin, provided they are detained in Australia under the mentioned arrangements. Certain exclusions and modifications are specified within the regulations, such as the handling of cash accounts and the transfer of credit balances under reciprocal agreements. The application of these regulations may also be extended or restricted through subordinate instruments made under the National Security Act 1939-1940.

Key Provisions

The Statutory Rules 1942, No. 526 amends the National Security (Prisoners of War) Regulations, primarily through the modification of definitions and operational procedures concerning prisoners of war (Regulation 1). Regulation 2 clarifies that a prisoner of war includes any individual sent to Australia for detention under agreements between the Australian government and other governments or administrations. Regulation 4 modifies the criteria for detaining prisoners of war, broadening it to include agreements between the Australian government and any other country or place, not just those allied with His Majesty. Regulation 13 updates the handling of prisoners' money, stipulating that all money received by a Camp Paymaster must be deposited into a general trust account at the Commonwealth Savings Bank, with interest accruing to the Commonwealth. Regulation 13a allows for the transfer of prisoners' credit balances to banks or individuals in their home country under reciprocal agreements. Regulation 25 limits the prohibition on saluting to prisoners of war other than officers, while Regulation 29 adjusts the employment eligibility criteria to include prisoners of war who are not officers or non-commissioned officers. Regulation 35 permits prisoners of war to receive an unlimited number of letters, postcards, and unmounted photographs of a domestic nature, barring certain types of materials. Regulation 54 replaces "private soldiers" with "persons of lower status" in the context of executing detention sentences. Regulations 58, 77, and 87 similarly adjust the terms "prisoner of war" and "soldier" to include "person of equivalent status" and "any other" respectively, in contexts involving the convening of military courts, confirmation of findings and sentences, and mitigation, remission or commutation of sentence after confirmation. The regulations impose several obligations and requirements on the parties involved. Camp Paymasters must deposit all money received into a specified trust account and may only retain a limited amount for petty cash purposes, as directed by the Adjutant-General (Regulation 13). The Commonwealth Savings Bank must credit any interest to the Commonwealth and ensure that no portion is paid to prisoners of war or credited to their accounts (Regulation 13). Agreements for the transfer of credit balances must be in place and followed, allowing for the movement of funds between the Commonwealth and other countries (Regulation 13a). The terms of engagement for prisoners of war are expanded to include non-officers and non-commissioned officers under certain conditions (Regulations 25, 29). The number of letters and photographs prisoners of war can receive is unrestricted, with specific prohibitions on certain materials (Regulation 35). All regulations concerning military courts, findings, sentences, and their mitigations must accommodate "persons of equivalent status" and "any other" in addition to prisoners of war (Regulations 58, 77, 87). The regulations do not explicitly state penalties for breaches, but violations of the provisions could lead to legal consequences under the overarching National Security Act 1939-1940. Given the context of war and the nature of the amendments, breaches may be treated severely, potentially resulting in fines or imprisonment as prescribed by the principal Act or other relevant legislation. Compliance with these regulations is crucial for maintaining order and security within the detention facilities, and non-compliance could be viewed as a serious offense impacting national security.

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