National Security (Subversive Associations) Regulations (Amendment)

Legislation au C1940L00130 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1940. No. 130.

––––––

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 sixth

day of July          ,1940.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

for and on behalf of the Minister of State for Defence Co-ordination.

––––––

Amendments of the National (Security (Subversive Associations)

Regulations. †

Definitions.

1. Regulation 2 of the National Security (Subversive Associations) Regulations is amended—

(a) by inserting, after the definition of “print”, the following definition:—

“‘property’ includes money and funds and anything animate or inanimate capable of being the subject of ownership;”; and

(b) by adding at the end thereof the following sub-regulation:—

“(2.) With a view to the avoidance of doubts, the term ‘person’ shall, in these Regulations, unless the contrary intention appears, include a bank.”.

Minister may require information.

2.—(1.) Regulation 5 of the National Security (Subversive Associations) Regulations is amended—

(a) by omitting from paragraph (d) of sub-regulation (1.) the words “money, property or funds” and inserting in their stead the word “property”;

(b) by omitting from that paragraph the word “were” (wherever occurring) and inserting in its stead the word “was”;

 

* Notified in the Commonwealth Gazette on      , 1940.

† Statutory Rules 1940, No. 109.

4013.—6/2.7.1940.—Price 3d.


(c) by omitting from that paragraph the word “they” and inserting in its stead the word “it”; and

(d) by omitting from sub-regulation (2.) the words “remove and impound any books, documents and papers in any such house, premises or place” and inserting in their stead the words “remove from any such house, premises or place, and impound, any books, documents and papers and any property whatsoever which a member of the Police Force is satisfied belonged to, or was used by or on behalf of, of in the interests of a body which has been declared to be unlawful.”

(2.) Any property taken possession of by a member of the Police Force of the Commonwealth or of a State or Territory of the Commonwealth before the commencement of this regulation which the Minister is satisfied belonged to, or was used by or on behalf of, or in the interests of, any body which is, by the National Security (Subversive Associations) Regulations, declared to be unlawful shall be deemed to be property which has been taken possession of in pursuance of regulation 5 of those Regulations, as amended by this regulation.

(3.) No claim shall be made and no action, suit or other proceeding shall be maintainable in any court, against a member of any such Police Force in respect of his taking possession of any property of which he would have been authorized to take possession if this regulation had been in force at the time he took possession of the property.

3. After regulation 5 of the National Security (Subversive Associations) Regulations the following regulation is inserted:—

Winding-up of certain bodies.

“5a.—(1.) Where a body corporate which has been declared to be unlawful is registered as a company under the law of any State or Territory of the Commonwealth, a court of that State or Territory which has jurisdiction to wind up companies shall, subject to this regulation, have the same powers, and the provisions of the law of that State or Territory relating to companies shall apply, as if a winding-up petition had been duly presented to the court by the company and the court had made an order for winding up the company:

Provided that it shall not be necessary for the court to make an order that the company be dissolved.

“(2.) The Attorney-General may by order appoint a person to be a liquidator of the company, and such liquidator shall be the sole liquidator of the company and shall have all the powers of a liquidator or official liquidator appointed by the court.”.

Surrender of property of body declared unlawful.

4.—(1.) Regulation 6 of the National Security (Subversive Associations) Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “(including a bank)”;

(b) by omitting from that sub-regulation the words “that body or belonged to” and inserting in their stead the words “, or was used by or on behalf of, or in the interests of, that body”;

(c) by omitting from sub-regulation (3.) the words “bank having in its” and inserting in their stead the words “person having in his”; and


(d) by omitting sub-regulation (4.) and inserting in its stead the following sub-regulations: —

“(4.) Any member of the Police Force of the Commonwealth, or of a State or Territory of the Commonwealth, if not below the rank of Sergeant, may by notice in writing served on any person declare that any persons specified in the notice are, with respect to any account so specified, trustees for any such body, and that declaration shall, as between the persons so specified or any of them and the person on whom the notice is served, be conclusive evidence that those persons are trustees of the body with respect to any moneys standing to the credit of the account.

“(5.) For the purposes of this regulation, moneys standing to the credit of an account of any such body or of trustees for any such body with any person, or otherwise owing by that person to the body or trustees, shall be deemed to be property of that body in the possession of that person.”.

(2.) No claim shall be made, and no action, suit or other proceeding shall be maintainable in any court, against any person (including a bank) in respect of any thing done or omitted to be done by that person before the commencement of this regulation where that person would have been required by law to do or omit to do the thing if this regulation had been in force at the time the thing was done or omitted to be done.

5. After regulation 6 of the National Security (Subversive Associations) Regulations the following regulations are inserted:—

Occupation of premises of body declared unlawful.

“6a. Any house, premises or place or part thereof which was occupied by a body immediately prior to its having been declared to be unlawful may, if a Minister by order so directs, be occupied in accordance with the provisions of the order so long as there is in the house, premises or place or part thereof any property which a Minister is satisfied belonged to, or was used by or on behalf of, or in the interests of, the body and which was therein immediately prior to the body having been declared to be unlawful.

Forfeiture of property possessed in pursuance of Regulations.

“6b.—(1.) All property taken possession of, or delivered to a person thereto authorized by a Minister, in pursuance of these Regulations shall be forfeited to the King for the use of the Commonwealth and shall be deemed to be in the possession of the Attorney-General.

“(2.) Any such property shall, at the expiration of the period of fourteen days immediately succeeding the publication in the Gazette of particulars thereof be condemned unless within that period any person gives notice in writing to the Attorney-General that he claims the property,

“(3.) If any such property is of a perishable nature or is a live animal, the Attorney-General may direct it to be sold forthwith.

“(4.) The proceeds of any such sale shall be forfeited to the King for the use of the Commonwealth and dealt with in like manner as property taken possession of in pursuance of these Regulations.


Claims to forfeited property.

“6c.—(1.) “Whenever any property has been forfeited in pursuance of these Regulations, and a claim to the property has been served on the Attorney-General within the period prescribed by the last preceding regulation, the Attorney-General may retain possession of the property pending proceedings for its recovery by the claimant.

“(2.) If the claimant does not, within two months after the publication in the Gazette in pursuance of the last preceding regulation of particulars of the property, enter an action against the Attorney-General for the recovery of the property, the property shall be deemed to be condemned without further proceedings.

Disposal of condemned property.

“6d.—(1.) The Attorney-General may, by order, make provision for—

(a) the disposal of any property condemned in pursuance of these Regulations; and

(b) the application of the proceeds of the sale of any such property.

“(2.) An order under this regulation may be made so as to apply either to particular property or a particular class of property or to property generally.”.

 

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

Overview

The National Security (Subversive Associations) Regulations 1940 were introduced to provide mechanisms to address threats posed by subversive associations during a time of national security concerns. Enacted by the Governor-General in accordance with the advice of the Federal Executive Council, these regulations amended the existing National Security (Subversive Associations) Regulations to extend the powers of the police and other authorities in relation to the seizure and management of property belonging to or used by unlawful bodies. The regulations also provided for the winding up of companies declared unlawful, the declaration of trustees for the property of such bodies, and the occupation of premises by authorities. The overarching policy objective of these amendments was to strengthen the Commonwealth's ability to manage and mitigate risks associated with subversive activities, ensuring the security and stability of the nation during a critical period.

Scope and Application

The Regulations under the National Security Act 1939-1940 apply to any person, including banks, and any entity that has been declared unlawful under the National Security (Subversive Associations) Regulations. These regulations govern the conduct and transactions of individuals and entities that are deemed to be involved in activities that are a threat to national security. The scope of these regulations extends across the entire Commonwealth of Australia, encompassing all states and territories. These regulations empower the Minister to require information related to the property of declared unlawful bodies, including books, documents, and any other property deemed relevant. The regulations also provide for the winding up of unlawful bodies registered as companies and the appointment of liquidators by the Attorney-General. Furthermore, they address the occupation of premises of declared unlawful bodies and the forfeiture of their property to the Commonwealth. Any property taken possession of by police forces or delivered to authorised persons in pursuance of these regulations is forfeited to the King for the use of the Commonwealth. The regulations also outline procedures for claims to forfeited property, its condemnation if no claim is made, and the disposal of such condemned property. These regulations can be extended or restricted through subordinate instruments as deemed necessary by the relevant authorities.

Key Provisions

The key operative sections of these Regulations under the National Security Act 1939-1940 introduce and amend several provisions concerning the management of property and the winding up of companies associated with subversive associations. Specifically, Regulation 2 amends the definition of “property” to include money, funds, and any animate or inanimate items capable of ownership, and clarifies that the term “person” includes banks unless otherwise specified (Regulation 2(1) and (2)). Regulation 5 further modifies the Minister's authority to require information and seize documents and property related to unlawful bodies, ensuring that any such property taken possession of by police before the regulation's commencement is considered seized under the amended regulation (Regulation 5(2) and (3)). Additionally, Regulation 5a introduces provisions for the winding up of companies declared unlawful, allowing a court to exercise the same powers as if a winding-up petition had been presented, with the Attorney-General appointing a liquidator (Regulation 5a(1) and (2)). These Regulations impose several obligations on parties and entities governed by them. Firstly, they mandate that police officers, not below the rank of Sergeant, may declare individuals as trustees for any body declared unlawful, making such declarations conclusive evidence of trusteeship (Regulation 6(4)). Secondly, they require banks and other persons to refrain from any actions that would have been unlawful under the amended regulation had it been in force previously (Regulation 6(5)). Moreover, the Regulations permit the occupation of premises by authorities if they contain property belonging to or used by an unlawful body (Regulation 6a). Breach of these Regulations can lead to severe consequences. For instance, property taken possession of in pursuance of these Regulations is forfeited to the King for the use of the Commonwealth, with specific procedures for claiming and disposing of such property (Regulation 6b and 6d). Any action or proceeding against a police officer for taking possession of property under these Regulations is barred (Regulation 5(3)). Additionally, any claim against a bank or other person for actions taken before the regulation's commencement is not maintainable if those actions would have been lawful under the amended regulation (Regulation 6(5)). Failure to adhere to these provisions can result in the confiscation of property and potential legal action by the Attorney-General.

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National Security Law
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