National Security (Prisoners of War) Regulations (Amendment)

Legislation au C1943L00277 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1943. No. 277.

 

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 tenth  day of November, 1943.

(SGD.) GOWRIE.

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.†

Administration.

1. Regulation 1a of the National Security (Prisoners of War) Regulations is repealed.

Places at which prisoners of war may be detained.

2. Regulation 6 of the National Security (Prisoners of War) Regulations is amended by omitting sub-regulation (3.) and inserting in its stead the following sub-regulation:—

“(3.) While a prisoner of war is proceeding to a prisoners of war camp or is being transferred from one prisoners of war camp to another, or is absent from a prisoners of war camp for the purpose of obtaining medical attention, or of performing work, he may be detained at such place as the Adjutant-General or a Camp Commandant directs, and, where the Adjutant-General or a Camp Commandant so directs by notice posted in a prominent position at that place, that place shall be deemed to be a prisoners of war camp for the purposes of these Regulations”.

 

* Notified in the Commonwealth Gazette on     , 1943.

† Statutory Rules 1941, No. 178, as amended by Statutory Rules 1941, Nos. 201 and 267; 1942, Nos. 315 and 526; and 1943, Nos. 88 and 132.

5534.—Price 3d. 25/9.9.1943.


Prisoners of war camp Orders.

3. Regulation 8 of the National Security (Prisoners of War) Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “of prisoners of war in prisoners of war camps” and inserting in their stead the words “ health, sustenance, accommodation, discipline and conduct of prisoners of war”; and

(b) by inserting in sub-regulation (2.), after the word “money” the words “and canteen orders or tokens”.

Cash Accounts.

4. Regulation 13 of the National Security (Prisoners of War) Regulations is amended by omitting from sub-regulation (1.) the words “or earned by him during his captivity”.

Property of prisoners of war.

5. Regulation 14 of the National Security (Prisoners of War) Regulations is amended by inserting in sub-regulation (1.), after the word “money” (first occurring), the words “and canteen orders or tokens”.

Smoking.

6. Regulation 16 of the National Security (Prisoners of War) Regulations is amended by adding at the end thereof the words “or by an officer authorized by him to give approval under this regulation”.

Issue of canteen orders or tokens.

7. Regulation 20 of the National Security (Prisoners of War) Regulations is amended—

(a) by inserting in sub-regulation (1.), after the word “tokens” (first occurring), the words “(in these Regulations referred to as canteen orders or tokens)”;

(b) by omitting the proviso to sub-regulation (1.); and

(c) by omitting sub-regulation (2.) and inserting in its stead the following sub-regulations:—

“(2.) Where canteen orders or tokens are issued to a prisoner of war, other than canteen orders or tokens issued to him as remuneration for work performed by him, the value of such canteen orders or tokens shall be debited in his Cash Account, and, if a separate bank account has been opened in his name, the amount shall be withdrawn from that account.

“(2a.) The Camp Paymaster shall place to the credit of the cash account of a prisoner of war the value of any canteen orders or tokens issued under these Regulations or the Prisoners of War Camp Orders in the possession of the prisoner of war at the time of his death or release from captivity or departure from Australia or which are taken from him for any reason without being used at a canteen”.

Employment of prisoners of war.

8. Regulation 29 of the National Security (Prisoners of War) Regulations is amended by adding at the end thereof the following sub-regulations:—

“(9.) The remuneration earned by a prisoner of war for work done by him may be paid to him in canteen orders or tokens, but so that the value of any canteen orders or tokens delivered to a


prisoner of war at any time together with the value of all other canteen orders and tokens at that time in his possession shall not exceed the total value of canteen orders and tokens which he is entitled to have in his possession under these Regulations or the Prisoners of War Camp Orders.

“(10.) Any remuneration earned by a prisoner of war for work done by him and not paid to him in canteen orders or tokens under the provisions of this regulation shall be placed to the credit of his cash account”.

Exemption from postal and railway charges.

9. Regulation 30 of the National Security (Prisoners of War) Regulations is amended by inserting in sub-regulation (1.), after the word “places” (wherever occurring), the words “inside or”.

10. The National Security (Prisoners of War) Regulations are amended by inserting after regulation 40a the following regulation:—

Ill-treatment of prisoners of war.

“40b.—(1.) A person shall not—

(a) insult or ill-treat any prisoner of war; or

(b) without lawful excuse interfere with the property of a prisoner of war.

“(2.) A person who, in pursuance of any undertaking entered into by him, uses the services of a prisoner of war shall observe the terms and conditions of his undertaking”.

Deaths of prisoners of war.

11. Regulation 43 of the National Security (Prisoners of War) Regulations is amended by inserting after the word “held” the words “, if such an inquiry is practicable,”.

 

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

Overview

The Statutory Rules 1943 No. 277, Regulations under the National Security Act 1939-1943, were enacted to amend the National Security (Prisoners of War) Regulations in response to the unique circumstances of World War II. These regulations were introduced by the Governor-General in the Federal Executive Council, acting on behalf of the Minister of State for Defence, to address specific issues related to the administration and treatment of prisoners of war in Australia. The policy objective is to ensure that prisoners of war are treated humanely and in accordance with the law, while also providing for their orderly management and control during their internment. These regulations provide for the amendment of various provisions concerning the detention, health, discipline, and financial management of prisoners of war, as well as the issuance of canteen orders and tokens.

Scope and Application

The Statutory Rules 1943 No. 277, titled "Regulations under the National Security Act 1939-1943," specifically governs the administration and conditions of prisoners of war within the Commonwealth of Australia. This legislative instrument applies to prisoners of war who are detained in Australia during the period covered by the National Security Act 1939-1943, affecting their health, sustenance, accommodation, discipline, and conduct while in custody. The regulations lay out detailed provisions concerning where prisoners of war can be detained, their financial accounts, the issuance of canteen orders or tokens, and their employment, as well as prohibiting the ill-treatment of prisoners of war and providing for their deaths. The amendments extend the geographic reach to include any location within Australia where a prisoner of war is detained, whether in transit to a camp, receiving medical attention, or performing work. These regulations are enforced nationally and do not explicitly state any exclusions or thresholds, but they do rely on subordinate instruments to delineate specific conditions and exceptions within the broader framework of the National Security Act.

Key Provisions

The Regulations under the National Security Act 1939-1943 primarily focus on the administration and conditions of prisoners of war (POW) in Australia during the specified period. Section 1 repeals an existing regulation concerning the administration of POWs, while Section 2 expands the definition of where POWs can be detained, including any place where they are proceeding to a POW camp, being transferred between camps, or are temporarily absent for medical attention or work purposes. Section 3 broadens the scope of Regulation 8 to include the health, sustenance, accommodation, discipline, and conduct of POWs, and it also permits the use of canteen orders or tokens alongside money. Section 4 amends Regulation 13 by removing the reference to money earned by POWs during their captivity, effectively broadening the scope of their financial transactions to include canteen orders or tokens. Section 5 similarly updates Regulation 14 by including canteen orders or tokens when referring to the property of POWs. These Regulations impose several obligations on the parties involved. Firstly, they mandate that POWs may be detained at any location designated by the Adjutant-General or a Camp Commandant, provided such a place is officially declared as a POW camp. This includes locations where POWs are travelling to or from camps or are temporarily absent for specific purposes. Secondly, the Regulations require that the health, sustenance, accommodation, discipline, and conduct of POWs be managed in accordance with the provisions outlined. Additionally, canteen orders or tokens must be issued and accounted for as specified, including their value being debited from a POW's Cash Account or separate bank account. The remuneration for work done by POWs can be paid in canteen orders or tokens, subject to certain limitations, and any unused canteen orders or tokens at the time of a POW's death, release, or departure from Australia must be credited to their cash account. Violations of these Regulations can result in various civil and criminal consequences. For instance, Section 10 introduces a specific offence under Regulation 40b, prohibiting the insult or ill-treatment of POWs and the unlawful interference with their property. This offence carries potential penalties under the National Security Act, though the exact penalties are not specified in the provided text. Furthermore, any person who uses the services of a POW under an undertaking must adhere to the terms and conditions of that agreement, with failure to do so potentially leading to legal repercussions. The Regulations also mandate that an inquiry be held into the death of any POW if practicable, as amended in Section 11, which underscores the importance of accountability in the treatment of POWs.

Legal classification tags

Area of Law
National Security Law
Instrument
Regulation
Concepts
Commencement Provisions
Reporting & Disclosure Obligations
Prohibited Conduct

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.