National Security (Supplementary) Regulations (Amendment)

Legislation au C1943L00078 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1943. No. 78.

 

REGULATION 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 Regulation under the National Security Act 1939-1940.

Dated this twenty-seventh day of March, 1943.

GOWRIE

Governor-General.

By His Excellency’s Command,

H. V. EVATT

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

 

Amendment of the National Security (Supplementary) Regulations.†

The National Security (Supplementary) Regulations are amended by adding at the end thereof the following regulation:—

Property of deceased and missing members of United States Forces deposited with banks, &c.

“93.—(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 or missing member of the Armed Forces of the United States of America, 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.

* Notified in the Commonwealth Gazette on 29th March, 1943.

† Statutory Rules 1940, No. 126, as amended to date. For previous National security (Supplementary) Regulations, see footnote † to Statutory Rules 1943, No. 48, and see also Statutory Rules 1943, No. 63.

1935.—Price 3d.


“(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, 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,    , having been designated as the officer officially appointed to secure the effects of                                           a person subject to the military laws of the United States of America, do certify that the said                                           died at                                           on or about the                                           day of                                          , 19               , (or became missing on the                                          day of                                                        , 19              ) while in the service of the Armed Forces of the United States.

‘Signed at      this

day of   , 19  .

Signature    A.S.N.

Grade   Organization.’.

“(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 be conclusive evidence, for the purposes of this regulation, 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;

‘member of the Armed Forces of the United States of America’ or ‘member’ includes any person subject to the military law of the United States of America;

‘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;

‘designated officer’ means a commissioned officer in the United States Military Forces officially designated by the proper authority to secure the effects of the deceased;

‘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 or missing member for transmittal to the higher American military authority, and has produced his War Department Officers’ Identification Card containing his signature, Army serial number, picture, and right-hand finger prints.”.

 

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

Overview

The Statutory Rules 1943 No. 78, made under the National Security Act 1939-1940, introduced specific regulations concerning the handling of personal property belonging to deceased or missing members of the United States Armed Forces. Enacted during a time of significant international conflict, this legislation aimed to facilitate the secure transfer of such property to designated officers of the United States Military Forces, ensuring that the assets were properly managed and transmitted to the appropriate authorities. This regulation was made by the Governor-General in Council and was intended to provide clear procedures for financial institutions to follow when dealing with the personal property of service members, thereby mitigating any potential liabilities they might incur in the process.

Scope and Application

The Regulation under the National Security Act 1939-1940 pertains specifically to the management and distribution of personal property belonging to deceased or missing members of the United States Armed Forces. The legislation applies to any individual or entity, such as banks, that holds personal property of the deceased or missing members. These entities are obligated to release such property to a designated officer from the United States Military Forces, provided the officer presents a written request, a prescribed certificate, and a receipt for the property. The geographic reach of this regulation is limited to the Commonwealth of Australia, aligning with the national jurisdiction of the National Security Act. Notably, this regulation does not apply if the property has been subject to a prior legal charge or court order, in which case the entity must wait until the charge or order is resolved. The regulation also provides immunity to the entity from any liability for the release of the property to the designated officer. The regulation may be extended or restricted through subordinate instruments, although this particular piece of legislation does not detail any such mechanisms.

Key Provisions

The Regulation under the National Security Act 1939-1940, specifically section 93, introduces provisions concerning the handling of personal property belonging to deceased or missing members of the United States Armed Forces. Section 93(1) mandates that any individual or financial institution must transfer personal property to a designated officer if they receive a written request from the officer, along with a prescribed certificate and a receipt. This transfer exempts the individual or institution from any liability related to the property. Section 93(2) stipulates that if the property is subject to a mortgage, pledge, charge, or court order, the transfer cannot occur until these matters are resolved. In such cases, the individual or institution must provide a copy or details of the relevant document to the designated officer. Section 93(3) outlines the form of the certificate required, which includes details such as the date and location of death or disappearance, and must be signed by the designated officer. Section 93(4) affirms that the certificate produced by a properly identified designated officer is conclusive evidence of the stated facts and the officer's authority. Finally, Section 93(5) provides definitions for key terms such as "bank," "member of the Armed Forces of the United States," "missing," "designated officer," and "properly identified." Under this Regulation, financial institutions and individuals are obligated to comply with requests from designated officers who provide the necessary documentation. The designated officer must present a signed official order and an identification card, and the property transfer must occur unless the property is encumbered by a mortgage, pledge, charge, or court order. Failure to comply with these provisions could result in legal repercussions for the institution or individual. Additionally, improperly produced certificates may lead to challenges regarding the validity of the officer's authority and the legitimacy of the transfer. Breaches of these provisions may lead to civil or criminal consequences. The Regulation does not explicitly state penalties, but given its connection to the National Security Act 1939-1940, non-compliance could potentially result in fines or imprisonment. The exact penalties would depend on the specific nature of the breach and the discretion of the courts. The overarching aim of this Regulation is to ensure the orderly and lawful transfer of personal property belonging to deceased or missing members of the United States Armed Forces, thereby supporting the efforts of allied nations during times of conflict.

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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.