National Security (Venereal Diseases and Contraceptives) Regulations (Amendment)

Legislation au C1943L00166 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1943. No. 166.

 

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 twenty-ninth day of June, 1943.

GOWRIE

Governor-General.

By His Excellency’s Command,

E. J. HOLLOWAY

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

 

Amendments of the National Security (Venereal Diseases and Contraceptives) Regulations.†

1. After regulation 2 of the National Security (Venereal Diseases and Contraceptives) Regulations, the following regulation is inserted:—

Application of Regulations.

“2a. Where the Minister is satisfied, in respect of any State that the law in force in that State sufficiently carries out the objects of these Regulations (except regulation 12 thereof), the Minister may, by order published in the Gazette, declare that the provisions of these Regulations (except regulation 12 thereof) shall not apply in that State and thereupon those provisions shall not, so long as the order continues in force, apply accordingly.”.

Definitions.

2. Regulation 3 of the National Security (Venereal Diseases and Contraceptives) Regulations is amended—

(a) by omitting from paragraph (f) of the definition of “Chief Health Officer “ the words “The Director of Public Health” and inserting in their stead the words “The Minister for Health”; and

 

* Notified in the Commonwealth Gazette on 30th June, 1943.

† Statutory Rules 1942, No. 377.

3143.—Price 3d.


(b) by inserting, after the definition of “Chief Health Officer” the following definitions:—

“‘Chief or other Commissioner of Police’ includes any person for the time being exercising the functions of a Chief or other Commissioner of Police;

“‘member of the Forces’ means any member of the Defence Force of the Commonwealth or of the naval, military or air force of the United Kingdom or of any other part of His Majesty’s dominions or of any Allied or other foreign force serving in association with His Majesty’s armed forces;’’.

Power to require persons to present themselves for medical examination.

3. Regulation 4 of the National Security (Venereal Diseases and Contraceptives) Regulations is amended by inserting, after the word “person” (first occurring), the words “other than a member of the Forces”.

Apprehension of persons on failure to attend for medical examination.

4. Regulation 5 of the National Security (Venereal Diseases and Contraceptives) Regulations is amended—

(a) by omitting from sub-regulation (1.) all the words from and including the words “and bring him” to the end of the sub-regulation; and

(b) by inserting after that sub-regulation the following sub-regulations:—

“(1a.) The constable effecting the apprehension of any such person shall forthwith notify the Chief Health Officer of the apprehension and the Chief Health Officer shall thereupon fix a time and place for the examination of such person by a legally qualified medical practitioner and advise the constable accordingly.

“(1b.) Any person so apprehended may be detained in a hospital or other suitable place appointed by the Chief Health Officer for the purpose, until the time appointed for the examination.

“(1c.) Any constable may bring any person so detained from the place of detention for examination at the appointed time and place and, if any such person refuses to submit himself for examination by a medical practitioner as and when required, the medical practitioner may, with such assistance as he thinks necessary, forcibly examine such person.”.

Detention of persons suffering from venereal disease.

5. Regulation 6 of the National Security (Venereal Diseases and Contraceptives) Regulations is amended by omitting the words “If any suspected person refuses to submit himself to medical examination as and when required, or if, on examination, he” and inserting in their stead the words “If, on examination, the suspected person”.

6. After regulation 7 of the National Security (Venereal Diseases and Contraceptives) Regulations, the following regulation inserted:—

Powers of Magistrates in remote districts.

“7a. If any legally qualified medical practitioner in any State is satisfied that there are reasonable grounds for suspecting that any person in any place more than three hundred miles from the capital


city of that State is suffering from venereal disease, the medical practitioner shall notify the nearest Police, Stipendiary or Special Magistrate of the name and address of the person so suspected and, thereupon, the Police, Stipendiary or Special Magistrate so notified shall have, and may exercise, in relation to that person, all the powers and functions of the Chief Health Officer under regulations 4, 5 and 6 of these Regulations, and those regulations shall apply to and in relation to any such person accordingly:

Provided that no person shall be detained by direction of a Police, Stipendiary or Special Magistrate under this regulation for any period longer than six weeks.”.

Notification of names of members of the Forces infected.

7. Regulation 8 of the National Security (Venereal Diseases and Contraceptives) Regulations is repealed and the following regulation inserted in its stead:—

“8. Notwithstanding anything contained in any law of the State, when a Chief Health Officer has notice that any member of the Forces is suffering from or is suspected to be suffering from venereal disease, the Chief Health Officer shall notify the Senior Administrative Medical Officer of the Service or Force to which the member is attached in the State in which the Chief Health Officer is functioning of the name of the member, together with such other particulars within the Chief Health Officer’s knowledge as may establish the identity and address of the member.”.

Indemnity in respect of action taken in pursuance of these Regulations.

8. Regulation 10 of the Rational Security (Venereal Diseases and Contraceptives) Regulations is amended—

(a) by inserting, after the word “Officer,”, the words “Police, Stipendiary or Special Magistrate, medical practitioner,”;

(b) by omitting the words “apprehension and” and inserting in their stead the words “apprehension, examination or”; and

(c) by inserting, after the word “apprehended”, the word “, examined”.

 

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

Overview

The Statutory Rules 1943, No. 166, made under the National Security Act 1939-1940, aim to address issues concerning venereal diseases and contraceptives within the context of national security during wartime. Enacted by the Governor-General in Council, these regulations focus on preventing the spread of venereal diseases among military personnel and civilians by introducing measures such as the ability to declare certain states exempt from specific regulations, amendments to definitions and powers of various officials, and the implementation of procedures for medical examinations and detentions. The policy objective is to ensure that the spread of venereal diseases is controlled, thereby safeguarding the health and readiness of the armed forces and the general public.

Scope and Application

The Statutory Rules 1943 No. 166, made under the National Security Act 1939-1940, modify the National Security (Venereal Diseases and Contraceptives) Regulations to enhance the control and management of venereal diseases among certain populations within Australia during wartime. These regulations primarily apply to members of the Defence Force of the Commonwealth and other armed forces serving with His Majesty’s forces, excluding them from mandatory medical examinations for venereal diseases. The provisions allow the Minister for Defence to exempt specific states from the regulations if their local laws sufficiently address the objectives of the national regulations, except for certain provisions. Additionally, these regulations delegate powers to local magistrates in remote areas, enabling them to exercise certain health officer functions regarding suspected venereal disease cases in areas over 300 miles from state capitals, with detention limits set at six weeks. Furthermore, the regulations mandate the notification of the Senior Administrative Medical Officer when a member of the Forces is suspected of having a venereal disease. The Minister for Defence holds the authority to amend these regulations through subordinate instruments, ensuring flexibility and responsiveness to evolving circumstances.

Key Provisions

The Statutory Rules of 1943, No. 166, made under the National Security Act 1939-1940, include several key provisions. Regulation 2a allows the Minister to declare via a Gazette notice that the provisions of the National Security (Venereal Diseases and Contraceptives) Regulations, except for regulation 12, do not apply in a particular state if the Minister is satisfied that the state’s laws sufficiently address the objectives of the Regulations. Regulation 3 amends the definition of "Chief Health Officer" to exclude the Director of Public Health and instead include the Minister for Health, as well as defining "Chief or other Commissioner of Police" and "member of the Forces." Regulation 4 amends the power to require persons to present themselves for medical examination to exclude members of the Defence Forces. Regulation 5 alters the apprehension process by requiring the constable to notify the Chief Health Officer of an apprehension, who then schedules an examination by a qualified medical practitioner. Regulation 6 changes the detention process to apply only if the person is found to have a venereal disease upon examination. Regulation 7a extends the powers of Police, Stipendiary, or Special Magistrates in remote areas to those of the Chief Health Officer regarding the examination and detention of persons suspected of venereal disease, with a maximum detention period of six weeks. Regulation 8 replaces the previous requirement to notify state authorities with a new obligation for the Chief Health Officer to notify the Senior Administrative Medical Officer of the relevant service or force when a member is suspected of having a venereal disease. Regulation 10 amends the indemnity provision to protect officers, Police, Stipendiary or Special Magistrates, and medical practitioners from liability for actions taken under the Regulations. The Act imposes several obligations on various parties. The Minister is responsible for determining whether state laws sufficiently address the objectives of the Regulations and for making declarations regarding their application. The Chief Health Officer must notify relevant medical officers when a member of the Forces is suspected of having a venereal disease. Constables and other authorised persons must notify the Chief Health Officer of apprehensions and must comply with the Chief Health Officer's instructions for examinations and detentions. Medical practitioners must examine persons apprehended or notified by a Magistrate and may forcibly examine those who refuse to submit to examination. Magistrates in remote districts must exercise specified powers and functions when notified by a medical practitioner. Breaches of the Regulations may result in various offences and penalties. The Act does not explicitly state penalties for non-compliance, but it does provide for actions that can be taken, such as apprehension, examination, and detention of individuals suspected of having venereal diseases. Failure to comply with these actions could result in legal consequences, although the specific penalties are not detailed within the Regulations themselves. Individuals who refuse to submit to medical examination may face forcible examination by a medical practitioner, which could involve criminal or civil penalties if the forcible examination is contested or deemed unlawful. The indemnity provisions aim to protect officers and medical practitioners from liability for actions taken in good faith under the Regulations.

Legal classification tags

Area of Law
National Security Law
Health Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Enforcement Powers
Licensing & Registration
Reporting & Disclosure Obligations

Interactions

Authorises

All Versions

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.