STATUTORY RULES.
1942. No. 377.
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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 first day of September, 1942.
Governor-General.
By His Excellency’s Command,
for and on behalf of the Minister of State for Defence.
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National Security (Venereal Diseases and Contraceptives) Regulations.
Citation.
1. These Regulations may be cited as the National Security (Venereal Diseases and Contraceptives) Regulations.
Administration.
2. These Regulations shall be administered by the Minister of State for Health.
Definitions.
3. In these Regulations, unless the contrary intention appears—
“Chief Health Officer” means—
(a) in relation to the State of New South Wales—the Commissioner appointed under the Venereal Diseases Act, 1918 of that State;
(b) in relation to the State of Victoria—the Chief Health Officer;
(c) in relation to the State of Queensland—the Director-General of Health and Medical Services;
(d) in relation to the State of South Australia—the Chairman of the Central Board constituted under the Health Act 1935-1936 of that State;
(e) in relation to the State of Western Australia—the Commissioner of Public Health; and
(f) in relation to the State of Tasmania—the Director of Public Health,
and includes any medical officer for the time being performing the duties of any such officer;
“venereal disease” includes gonorrhoea, syphilis, soft chancre and venereal granuloma.
* Notified in the Commonwealth Gazette on , 1942.
6202.—Price 3d. 25/26.8.1942.
Power to require persons to present themselves for medical examination.
4. If the Chief Health Officer is satisfied that there are reasonable grounds for suspecting that any person is suffering from venereal disease, he may, by order in writing, require the person so suspected to present himself for examination at such time and place as is specified by him in the order and such person shall present himself for examination accordingly.
Apprehension of persons on failure to attend for medical examination.
5.—(1.) If any such person fails to present himself for examination at the time and place specified in the order, the Chief or other Commissioner of Police of the State concerned may, when authorized so to do by the Chief Health Officer, issue a warrant authorizing any constable named therein, with such assistants as he thinks necessary, to apprehend the suspected person and bring him for examination by a legally qualified medical practitioner at such time and place as is directed in writing by the Chief Health Officer, and the suspected person shall submit himself for examination accordingly.
(2.) A warrant issued under this regulation for the apprehension of a suspected person who is a woman shall, if possible, be directed to a constable who is a woman.
Detention of persons suffering from venereal disease.
6. If any suspected person refuses to submit himself for examination as and when required, or if, on examination, he is found to be suffering from venereal disease, he may be detained in a hospital or other suitable place approved by the Chief Health Officer for such period as the Chief Health Officer from time to time directs and such person shall remain in such hospital or place until his discharge has been approved by the Chief Health Officer.
Carrying into effect of warrants and orders.
7. Every warrant or order issued under these Regulations shall have effect according to its tenor, and all constables and all governing authorities and officers of any hospital or place in which any person is detained under these Regulations shall do all things necessary to carry into effect the provisions of these Regulations.
Notification of names of members of the Forces infected
8. Notwithstanding anything contained in any law of the State, the Chief Health Officer may notify any medical officer of the Naval or Military Forces or of the Air Force or of the Armed Forces of His Majesty, or of any power which is allied or associated with His Majesty in any war in which His Majesty is engaged, of the name of any member of those Forces in Australia who is suffering from venereal disease.
Responsibility of parents and guardians.
9. When any person under sixteen years of age is or becomes liable under these Regulations to do or to submit to any act, matter or thing, any parent or guardian of such person who knows that such person is so liable shall exercise his authority and use his best endeavours to compel or induce such person to do or submit to such act, matter or thing and, on failure of such person so to do or submit, shall report the fact to the Chief Health Officer.
Indemnity in respect of action taken in pursuance of these Regulations.
10. No action shall lie against the Commonwealth, any State, Chief Health Officer, Chief or other Commissioner of Police, constable or other person acting in pursuance of these Regulations in respect of any apprehension and detention in pursuance of these Regulations, but it the Governor-General is satisfied that any person has been apprehended or detained without reasonable cause, he may award such compensation in respect thereof as he considers reasonable.
Signature of Chief Health Officer to be judicially noticed.
11. All Courts shall take judicial notice of the official signature of any person who holds or has held the office of Chief Health Officer.
Advertising certain medicines, &c., prohibited.
12.—(1.) A person shall not publish any statement, whether by way of advertisement or otherwise, to promote the sale of any article as a medicine, instrument or appliance for the alleviation or cure of any venereal disease, or disease affecting the generative organs or functions, or of sexual impotence, or of any complaint or infirmity arising from or relating to sexual intercourse, or of female or menstrual irregularities, or for terminating pregnancy or influencing the course of pregnancy, or for preventing conception.
(2.) Any person who—
(a) affixes or inscribes any statement on any thing whatsoever so as to be visible to persons being in or passing along any street, road, highway, pathway, public place, or public conveyance;
(b) delivers or offers, or exhibits any statement to any person being in or passing along any street, road, highway, pathway, public place, or public conveyance;
(c) throws any statement into or upon any street, road, highway, pathway, public place or public conveyance, or into the area, yard, garden or enclosure of any house;
(d) exhibits any statement to public view in any house, shop or place;
(e) prints or publishes any statement in any newspaper;
(f) sells, offers for sale, shows, or sends by post, any statement to any person; or
(g) broadcasts by means of wireless telegraphy any statement,
shall be deemed to have published that statement.
(3.) For the purposes of this regulation, the word “statement” includes any document, book, or paper containing any statement.
(4.) Nothing in this regulation shall apply to any books, documents or papers published in good faith for the advancement of medical or surgical science, or to any advertisement, notice or recommendation published by the authority of the Director-General of Health, or to any publication sent only to medical practitioners or to registered pharmacists for the purposes of their business.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.