National Security (Supplementary) Regulations (Amendment)

Legislation au C1946L00046 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1946. No. 46.

_______

REGULATION 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 Regulation under the National Security Act 1939-1943.

Dated this sixth day of March, 1946.

HENRY

Governor-General.

By His Royal Highness’s Command,

F. M. FORDE

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:—

Disposal of unclaimed property held by Service Department.

“142.—(1.) Where any private property has been held by the Department of the Navy, the Department of the Army or the Department of Air for a period of twelve months or more and there is no record of the ownership of that property, an authorized person may publish in the Gazette a notice containing the following particulars:—

(a) A description of the property;

(b) The name or designation and address of the officer or person to whom a claim for delivery of the property should be made; and

(c) A statement that the property will be disposed of by the Commonwealth Disposals Commission at the expiration of a period of six months after the date of the notice, if a successful claim for delivery of the property has not been lodged within that period.

* Notified in the Commonwealth Gazette on 7th March, 1946.

† Statutory Rules 1946, No. 126, as amended to date. For previous National Security (Supplementary) Regulations see footnote† to Statutory Rules.

9536.—Price 3d.


“(2.) Where a claim for the delivery of any private property the subject of a notice published in accordance with sub-regulation (1.) of this regulation is lodged within the period of six months referred to in paragraph (c) of that sub-regulation, the authorized person shall consider the claim and—

(a) if, in the opinion of the authorized person, the claimant is the owner or the person legally entitled to the possession of the property, shall deliver the property to the claimant; or

(b) if, in the opinion of the authorized person, the claimant is not the owner or the person legally entitled to the possession of the property, shall reject the claim.

“(3.) If, after the expiration of the period of six months referred to in paragraph (c) of sub-regulation (1.) of this regulation, a successful claim has not been lodged for the delivery of any private property the subject of a notice published in accordance with that sub-regulation, the authorized person may deliver the property to the Commonwealth Disposals Commission for sale, or, if the property is not saleable, for disposal otherwise as the Commission thinks fit.

“(4.) The net proceeds of any sale effected by the Commonwealth Disposals Commission in pursuance of the last preceding sub-regulation shall be paid into the Consolidated Revenue Fund.

“(5.) The delivery or disposal of any private property in pursuance of sub-regulation (2.) or sub-regulation (3.) of this regulation shall operate as a discharge of the Commonwealth and of any person authorizing or effecting the delivery or disposal of that property from any liability in respect of that delivery or disposal.

“(6.) Nothing in this regulation shall be construed as preventing the delivery of any private property by the departmental custodian of that property to any person who establishes his claim to be the owner or the person legally entitled to the possession of the property prior to the publication of a notice in respect of that property in pursuance of sub-regulation (1.) of this regulation.

“(7.) In this regulation—

‘authorized person’ means a person appointed by the Minister to be an authorized person for the purposes of this regulation;

‘Commonwealth Disposals Commission’ means the Commonwealth Disposals Commission established by the National Security (Disposal of Commonwealth Property) Regulations;

‘member of the Forces’ means a person who is or has been a member of the Naval, Military or Air Forces of the Commonwealth, and includes a person who is or has been a member of a nursing service or women’s auxiliary or other service established in connexion with any of those Forces, and any person who accompanies or has accompanied any part of those Forces on active service and is or was while so accompanying that part in the pay of the Commonwealth and subject to naval, military or air-force law;


‘private property’ means any property, except real estate or an interest in real estate, apparently owned or possessed by a member of the Forces;

‘the Minister’ means—

(a) in relation to any private property held by the Department of the Navy—the Minister of State for the Navy;

(b) in relation to any private property held by the Department of the Army—the Minister of State for the Army; and

(c) in relation to any private property held by the Department of Air—the Minister of State for Air.”.

________________

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

Overview

The Statutory Rules 1946 No. 46, enacted under the National Security Act 1939-1943, addresses the issue of unclaimed property held by the Department of the Navy, the Department of the Army, or the Department of Air. This regulation was introduced to manage the disposal of private property that has been held for twelve months or more with no record of ownership. The enactment by the Governor-General in the Federal Executive Council, on the advice of the Minister of State for Defence, aims to ensure that such unclaimed property is either returned to its rightful owner or disposed of appropriately by the Commonwealth Disposals Commission. The overarching policy objective is to efficiently manage and liquidate property that has been abandoned or forgotten, thereby preventing unnecessary accumulation and ensuring that any proceeds from disposal benefit the Consolidated Revenue Fund.

Scope and Application

This legislative instrument, made under the National Security Act 1939-1943, pertains to the disposal of unclaimed private property held by the Department of the Navy, the Department of the Army, or the Department of Air for a period exceeding twelve months. It applies to any private property that has been in the custody of these departments and for which there is no record of ownership. The regulation specifies the process for publishing a notice in the Gazette, detailing the property, the contact information for claims, and the timeline for claims and subsequent disposal by the Commonwealth Disposals Commission. The regulation also delineates the roles of authorized persons, the disposal process, and the discharge of liability upon disposal. Notably, the regulation applies nationally, as it is made under Commonwealth authority, and it does not include real estate or interests in real estate within its purview. Furthermore, claims can be made prior to the publication of the notice, and the net proceeds from any sales conducted by the Commonwealth Disposals Commission are to be deposited into the Consolidated Revenue Fund.

Key Provisions

The primary sections of this regulation (National Security (Supplementary) Regulations, regulation 142) outline the process for the disposal of unclaimed private property held by Service Departments. Regulation 142(1) allows for the publication of a notice in the Gazette regarding property that has been held for twelve months or more without a claim for ownership. The notice must include a description of the property, the contact details of the officer or person to whom a claim should be made, and a statement that the property will be disposed of by the Commonwealth Disposals Commission if no claim is made within six months. Regulation 142(2) specifies the procedure for handling claims, where an authorized person will either deliver the property to the rightful claimant or reject the claim if the claimant is not legally entitled to the property. Regulation 142(3) permits the disposal of the property to the Commonwealth Disposals Commission for sale or other disposal if no claim is made within the specified period. Regulation 142(4) mandates that the net proceeds from any sale be paid into the Consolidated Revenue Fund. Regulation 142(5) stipulates that the delivery or disposal of property in accordance with these provisions discharges the Commonwealth and the relevant parties from any liability related to the delivery or disposal. Regulation 142(6) clarifies that the provisions do not prevent the delivery of property to a rightful claimant before the notice is published. The regulation imposes several obligations on the parties involved. The authorized person must ensure that a notice is published in the Gazette as per regulation 142(1) when property has been held for the requisite period without a claim. The authorized person must also consider any claims made within the six-month period, as per regulation 142(2). If no valid claim is made, the authorized person must then deliver the property to the Commonwealth Disposals Commission for sale or other disposal as per regulation 142(3). The Commonwealth Disposals Commission, upon receiving the property, is responsible for selling it and paying the net proceeds into the Consolidated Revenue Fund as per regulation 142(4). There are no explicit offences, penalties, or civil/criminal consequences stated in the regulation. However, the regulation does provide a clear framework for the disposal of unclaimed property, ensuring that the rightful owner has a reasonable opportunity to make a claim before the property is disposed of. The discharge of liability for the Commonwealth and relevant parties upon the delivery or disposal of the property (regulation 142(5)) protects them from any future claims regarding the property.

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Area of Law
National Security Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Offence Provisions
Disposal of unclaimed property

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