National Security (Supplementary) Regulations (Amendment)

Legislation au C1943L00268 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1943. No. 268.

 

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 twenty-first day of October, 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:—

Recovery of fines by attachment of debts.

“114.—(1.) Where any fine has, whether before or after the commencement of this regulation, been imposed on any person (in this regulation referred to as ‘the defendant’) for an offence against the National Security Act 1939-1943, the person who laid the charge in respect of which the fine is or was imposed, or a person holding the office, or performing the functions, of Deputy Commonwealth Crown Solicitor, may serve, or cause to be served, on any person who is indebted to the defendant, or who is a party to an agreement with the defendant under which he will or may become indebted to the defendant, (in this regulation referred to as ‘the garnishee’) a copy of the conviction, certified by the clerk or other proper officer of the court by which the defendant is or was convicted, and a statutory declaration stating that the fine has not been paid by the defendant on the due date and setting out the amount due by the defendant under the conviction.

“(2.) For the purposes of this regulation, where the fine is payable by instalments and any instalment has not been paid on the due date the whole of the unpaid portion of the fine shall thereupon become due and payable.

 

* Notified in the Commonwealth Gazette on 21st October, 1943.

† Statutory Rules 1940, No. 126, as amended to date. For previous National Security (Supplementary) Regulations, see footnote † to Statutory Rules 1943, No. 256, and see also Statutory Rules 1943, No. 267.

6386.—Price 3d.


“(3.) The service upon the garnishee of a copy of a conviction and a statutory declaration in pursuance of this regulation shall bind the debt in his hands, and the garnishee shall, in priority to all other liens or charges (if any) on the debt, forthwith pay to the clerk or other proper officer of the court the debt due or which may become due by the garnishee to the defendant or so much thereof as is sufficient to satisfy the fine:

Provided that, in no case where a debt due by the garnishee to the defendant represents salary or wages due to the defendant shall the garnishee pay, to the clerk or other proper officer of the court, any amount of the debt which will reduce the amount to be received by the defendant by more than Two pounds per week or by more than one-quarter of the amount which would, but for the provisions of this regulation, be payable to the defendant, whichever is the less.

“(4.) Payment made by the garnishee under this regulation shall be a valid discharge to him as against the defendant to the amount paid, and no claim, action, suit or other proceeding shall be made or brought against the garnishee by any third person having a lien or charge upon the amount.

“(5.) If any payment made in pursuance of this regulation exceeds the amount due under the conviction, the excess shall be repaid to the defendant.

“(6.) The foregoing provisions of this regulation shall operate without prejudice to any other action which may be taken in relation to the enforcement of fines imposed for offences against the National Security Act 1939-1943, but where, in any case, the clerk or other proper officer of the court is informed by the person who laid the charge or a person holding the office, or performing the functions, of Deputy Commonwealth Crown Solicitor (in this sub-regulation referred to as ‘the informant’) that action is to be taken under this regulation for the recovery of a fine, no other action shall be taken for the enforcement of the fine without the approval of the informant.

“(7.) The foregoing provisions of this regulation shall, with such modifications and adaptations as are necessary, apply in relation to any sum allowed for costs against a defendant in like manner as they apply in relation to a fine imposed on him.”.

 

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

Overview

The National Security (Supplementary) Regulations, 1943, are an amendment to the existing regulations under the National Security Act 1939-1943. Enacted by the Governor-General in Council, this legislative instrument was introduced to address the issue of recovering fines imposed on individuals for offences against the National Security Act. The regulation provides a mechanism for the attachment of debts as a means of recovering unpaid fines, ensuring that the enforcement of fines is effective and that penalties for breaches of national security are upheld. The policy objective of this regulation is to facilitate the enforcement of fines and costs by enabling the garnishing of debts owed to the defendant by third parties, subject to certain limitations to protect the defendant's income.

Scope and Application

The regulation, made under the National Security Act 1939-1943, pertains to the enforcement of fines imposed for offences against the Act and applies to any person who has been fined for such offences. The regulation is designed to allow for the recovery of fines by attaching debts owed to the defendant by third parties, referred to as the garnishee. This process enables the person who laid the charge or the Deputy Commonwealth Crown Solicitor to serve a copy of the conviction and a statutory declaration on the garnishee, thereby binding the debt in their hands. The garnishee must then pay the court the amount due to the defendant, subject to certain limitations, to satisfy the fine. The regulation ensures that the garnishee’s payment discharges them from any liability to the defendant, and any excess payment is to be repaid to the defendant. Importantly, this regulation operates without prejudice to any other enforcement actions that may be taken, but once action is initiated under this regulation, no other enforcement action can proceed without the approval of the informant.

Key Provisions

The main operative sections of this regulation (section 114) permit the attachment of debts to recover unpaid fines imposed under the National Security Act 1939-1943. This applies whether the fine was imposed before or after the commencement of this regulation. The person who laid the charge, or the Deputy Commonwealth Crown Solicitor, can serve a copy of the conviction and a statutory declaration on a person who owes money to the defendant. This person, referred to as the "garnishee", is then required to pay the court the amount owed to the defendant to satisfy the fine, subject to certain conditions (section 114(1) to (7)). The regulation imposes several obligations on the parties involved. The person who laid the charge or the Deputy Commonwealth Crown Solicitor must serve the garnishee with a copy of the conviction and a statutory declaration stating that the fine has not been paid (section 114(1)). The garnishee is required to pay the court the amount owed to the defendant to satisfy the fine, in priority to all other liens or charges on the debt, subject to certain conditions (section 114(3)). The garnishee is also protected from any claims or proceedings by third parties having a lien or charge on the amount (section 114(4)). If the garnishee pays an amount that exceeds the amount due under the conviction, the excess must be repaid to the defendant (section 114(5)). This regulation does not explicitly outline specific offences, penalties, or consequences for breach. However, it does provide that the provisions operate without prejudice to any other action that may be taken in relation to the enforcement of fines. If action is to be taken under this regulation, no other action shall be taken without the approval of the person who laid the charge or the Deputy Commonwealth Crown Solicitor (section 114(6)). The regulation also applies to any sum allowed for costs against a defendant in the same manner as it applies to a fine imposed on them (section 114(7)). While the regulation does not specify maximum penalties for breach, it is implied that failure to comply with the requirements could result in legal action or other consequences.

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National Security Law
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