National Security (Supplementary) Regulations (Amendment)

Legislation au C1945L00145 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1945. No. 145.

 

REGULATION UNDER THE NATIONAL SECURITY ACT 1939–1943.*

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 1939–1943.

Dated this thirteenth day of September, 1945.

W. DUGAN

Deputy of the Governor-General.

By His Excellency’s Command,

JOHN A. BEASLEY

for and on behalf of the Minister of

State for Defence.

 

Amendment of the National Security (Supplementary) Regulations.†

After regulation 93 of the National Security (Supplementary Regulations the following regulation is inserted:—

Property of deceased, missing or insane members of visiting forces deposited with Banks, &c.

“93a.—(1.) Where a designated officer, properly identified, requests in writing any person or bank to pay or deliver to him any personal property deposited to the credit of or due or belonging to a deceased, missing or insane member of a visiting force, and presents to that person or bank a certificate, in respect of that member, in accordance with the form prescribed in this regulation and a receipt for that property executed by the designated officer, the person or bank shall, subject to the next succeeding sub-regulation, pay or deliver to the designated officer that personal property and, upon that payment or delivery, the person or bank shall be discharged from all liability, whether civil or criminal, in respect of the property so paid or delivered, to the same extent as if the property was paid or delivered to the member.

“(2.) Where any such property has, prior to that request, become subject to a mortgage, pledge or other charge, or to an order or decree of attachment made or issued by a court of competent jurisdiction,

* Notified in the Commonwealth Gazette on 13th September, 1945.

†Statutory Rules 1940, No. 126, as amended to date. For previous National Security (Supplementary) Regulations, see footnote † to Statutory Rules 1944, No. 157; and see also Statutory Rules 1944, Nos. 162 and 188; and 1945, Nos. 18, 37, 47, 51, 53, 66, 67, 70, 80, 102, 106, 109, 121, 123, 131, 134 and 136.

7766.—Price 3d.


and the person or bank to whom or to which the request is made has notice of the mortgage, pledge, charge, order or decree, that person or bank shall not be obliged to comply with the request until the mortgage, pledge, charge, order or decree has been discharged or satisfied, but shall supply to the designated officer a copy of the mortgage, pledge, charge, order or decree, if in writing, or, if it is not in writing, such particulars thereof as are known to that person or bank.

“(3.) The certificate of the designated officer shall be in accordance with the following form:—

‘I,        , a member of the Naval/Military/Air Force of                                                                                    , having been designated as the officer officially appointed to secure the effects of                                                                                                   a member of                                                                                                                                            , do certify that the said                                                                      died at                                                                                    on or about the                                                        day of                                                                      , 19                                          , (or became missing/insane on the                                                        day of 19              ) while in the service of the Naval/Military/Air Force of                                                                                                                              Signed at                                                                      this                                                                       day of                                                                      , 19

Signature.

No.

Rank.’.

“(4.) Every certificate in accordance with the form prescribed by the last preceding sub-regulation produced by a person, properly identified, purporting to be the designated officer who has signed the certificate shall, for the purposes of this regulation, be conclusive evidence of the facts stated in the certificate and that the person producing the certificate is the person who has signed the certificate and is the proper designated officer appointed and authorized to sign the certificate.

“(5.) In this regulation—

‘bank’ means any person or corporation carrying on the business of banking, and includes the Commonwealth Bank of Australia, and the Commonwealth Savings Bank of Australia;

‘designated officer’ means a commissioned officer of a visiting force officially designated by the proper authority to secure the effects of the deceased, missing or insane member;

‘member of a visiting force’ or ‘member’ includes any person subject to the military law—

(a.) of any part of His Majesty’s dominions, other than the Commonwealth;

(b) of any foreign Power (other than the United States of America) allied or associated with His Majesty in the war; or


(c) of any foreign authority recognized by His Majesty as competent to maintain naval, military or air forces for service in association with His Majesty’s forces,

and also includes any member of the Women’s Royal Naval Service, of Queen Alexandra’s Royal Naval Nursing Service (or any reserve of that service) or of any Voluntary Aid Detachment employed under the direction of the Admiralty;

‘military law’ means the law relating to any branch of the armed forces of a visiting force;

‘missing’ includes undergoing detention as a prisoner of war or internment in a country or place under the sovereignty or in the occupation of any country with which His Majesty or any country allied with His Majesty is at war, or internment in a neutral country;

‘properly identified’, in relation to a designated officer, or person purporting to be a designated officer, means that the designated officer or person has produced to the person or bank concerned the signed official order designating him as the responsible individual to receive the effects of the deceased, missing or insane member.”.

 

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

Overview

The Statutory Rules 1945, No. 145, made under the National Security Act 1939–1943, introduces a new regulation to address the logistical challenges of managing the personal property of deceased, missing, or insane members of visiting forces during World War II. Enacted by the Deputy of the Governor-General, this regulation aims to provide a clear and legal framework for the handling of such property. The policy objective is to ensure that designated officers can efficiently manage and secure these individuals' assets, while also providing protection to banks and other financial institutions against liability for the release of these properties. This regulation helps in streamlining the process of property transfer to the rightful officers while considering existing legal claims such as mortgages or court orders.

Scope and Application

The Statutory Rules 1945 No. 145, made under the National Security Act 1939–1943, outlines regulations for the handling of personal property belonging to deceased, missing, or insane members of visiting forces. This Act applies to designated officers of visiting forces, including members of the Naval, Military, and Air Forces from Commonwealth, Allied, or Associated nations, as well as members of recognised foreign authorities, and extends to members of the Women's Royal Naval Service, Queen Alexandra's Royal Naval Nursing Service, and Voluntary Aid Detachments. The geographic reach of this Act is national, as it pertains to forces operating within Australia during the specified period. The Act provides a mechanism for designated officers to request and receive personal property from banks or individuals, subject to certain conditions, including the discharge of any existing charges or decrees against the property. Exclusions or thresholds are not explicitly stated, but the Act provides a specific procedure and form for designated officers to follow when making requests for the transfer of property. The Act's application may be extended or restricted through subordinate instruments, although no such instruments are noted in this particular regulation.

Key Provisions

The regulation inserted into the National Security (Supplementary) Regulations under the National Security Act 1939-1943, through Statutory Rules 1945 No. 145, primarily concerns the handling of personal property belonging to deceased, missing, or insane members of visiting forces (Regulation 93a(1)). The regulation specifies that a designated officer, upon presenting a written request and a certificate in the prescribed form, along with a receipt, can request any person or bank to deliver personal property belonging to such members. The person or bank is then discharged from all liability upon delivery of the property. However, if the property is subject to a mortgage, pledge, charge, order, or decree, the person or bank is not obliged to comply until these obligations are discharged or satisfied (Regulation 93a(2)). The form of the certificate to be presented by the designated officer is detailed, and it must include specific details about the member, including their name, date and place of death or missing status, and the signature of the designated officer (Regulation 93a(3)). Any certificate signed by a person purporting to be a designated officer is considered conclusive evidence of the facts stated therein, provided the person is properly identified (Regulation 93a(4)). The regulation imposes specific obligations on both designated officers and financial institutions. Designated officers must be properly identified and must present a written request accompanied by a certificate in the prescribed form and a receipt to request the delivery of personal property. Financial institutions, including banks, are obligated to comply with these requests unless the property is subject to a charge or legal order, in which case they must inform the designated officer of the existing obligations and provide any relevant documents (Regulation 93a(2)). Failure to comply with these obligations could result in civil or criminal liability for the financial institution. There are no explicit provisions for offences, penalties, or civil/criminal consequences for breach of this regulation within the text provided. However, the regulation does state that financial institutions will be discharged from all liability upon compliance with the request, implying that non-compliance could result in liability. The regulation does not specify maximum penalties but implies that failure to comply with the regulation's requirements could lead to civil or criminal liability for the financial institution involved.

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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.