STATUTORY RULES.
1945. No. 3.
REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1943.*
I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the National Security Act 1939-1943.
Dated this tenth day of January, 1945.
W. DUGAN
Administrator.
By His Excellency’s Command,
H.V. EVATT
for and on behalf of the Minister of State for Defence.
Amendments of the National Security (War Deaths)
Regulations.†
Cancellation of certificates.
1. Regulation 8 of the National Security (War Deaths) Regulations is amended—
(a) by omitting from sub-regulation (1.) all the words from and including the words “a person” to the end of the sub-regulation and inserting in their stead the following-words:—
“a competent authority may, by notice in writing, served personally, or by post at the last-known place of abode of the person to be served, require any person having possession of the certificate to forward it to the competent authority, and that person shall forthwith comply with the requirement.”;
and
(b) by inserting after sub-regulation (1.) the following sub-regulation:—
“(1aa.) A competent authority may, on obtaining possession of a certificate of death on war service to which paragraph (a), (b) or (c) of the last preceding sub-regulation applies, cancel or correct the certificate, as the case requires.”.
* Notified in the Commonwealth Gazette on 11th January, 1945.
† Statutory Rules 1942, No. 473, as amended by Statutory Rules 1943, No. 135; and 1944, Nos. 100 and 150.
7285.—Price 3d.
2. The National Security (War Deaths) Regulations are amended by adding at the end thereof the following regulation:—
Protection of interests of person named in certificate of death but who proves to be alive.
“10.—(1.) Where, according to the relevant official records, a person in respect of whom a certificate under regulation 9 of these Regulations has been issued is a prisoner of war or internee, or is missing as a result of war operations, the competent authority issuing the certificate shall forward a certificate in the same terms to the Attorney-General.
“(2.) On receipt by the Attorney-General of such a certificate, the Attorney-General or an authorized person within the meaning of regulation 80 of the National Security (Supplementary) Regulations may, by writing, declare the person named in the certificate to be a person to whom that regulation applies.
“(3.) Upon the making of a declaration in relation to any person in pursuance of the last preceding sub-regulation, the provisions of regulation 80 of the National Security (Supplementary) Regulations shall apply in like manner as if the declaration had been duly made in pursuance of that regulation, and the powers of a public trust officer under that regulation shall be deemed to include power to apply to a competent court, in the name of the declared person, for the revocation of probate of his will or letters of administration of his estate, and to do all things incidental thereto or arising thereout which the declared person could do personally.”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1945 No. 3, Regulations under the National Security Act 1939-1943, were enacted by the Administrator of the Government of the Commonwealth of Australia on 10 January 1945, with the advice of the Federal Executive Council. These regulations were introduced to amend the National Security (War Deaths) Regulations, addressing issues surrounding the management and protection of the estates and interests of individuals who were presumed dead due to war circumstances, such as being prisoners of war, internees, or missing in action. The policy objective is to ensure that the legal interests of these individuals are protected, particularly through the appropriate handling of death certificates and the administration of their estates by the Attorney-General.
Scope and Application
The Regulations under the National Security Act 1939-1943 primarily apply to the handling of certificates related to war deaths, specifically targeting those who have been declared dead in connection with war service. This includes any person who has possession of such a certificate, as well as competent authorities who are empowered to require the forwarding of these certificates. The scope of these regulations extends to the amendment and cancellation of death certificates where necessary, and includes provisions for the protection of the interests of individuals erroneously declared dead in war circumstances, such as prisoners of war, internees, or those missing in action. The geographic reach of these regulations is national, as they are enacted under Commonwealth authority. Notably, the Regulations do not explicitly exclude any specific individuals or entities, but their application is limited to war-related death certificates. The application of these Regulations may be further extended or restricted through subordinate instruments, allowing for additional specific provisions to be made as necessary in the context of national security and wartime exigencies.
Key Provisions
The main operative sections of these Regulations, which amend the National Security (War Deaths) Regulations, pertain to the handling of death certificates issued in relation to war service. Regulation 8 is amended to clarify the process for requiring the return of a death certificate to a competent authority and to allow for the cancellation or correction of such certificates (Regulation 1(a), (b)). Additionally, a new regulation (Regulation 10) is introduced to protect the interests of persons who are erroneously recorded as deceased but are actually prisoners of war, internees, or missing as a result of war operations. This new regulation mandates that where a certificate of death has been issued for a person who is later found to be alive, the competent authority issuing the certificate must forward a copy to the Attorney-General, who can then declare the person to be subject to certain provisions (Regulation 10(1), (2)).
These Regulations impose obligations on competent authorities to ensure that death certificates are handled correctly and that the interests of individuals who are erroneously recorded as deceased are protected. Competent authorities must require any person in possession of a relevant death certificate to return it to them (Regulation 8(1)) and may cancel or correct such certificates as necessary (Regulation 1(a), (b)). Furthermore, when a certificate of death is issued for a person who is later found to be alive, the competent authority must forward a copy of the certificate to the Attorney-General (Regulation 10(1)). The Attorney-General, or an authorized person, can then declare the person to be subject to certain regulatory provisions, which will then apply as if a proper declaration had been made (Regulation 10(2), (3)).
Failure to comply with these Regulations can lead to civil or administrative consequences. For instance, not returning a death certificate when required by a competent authority may result in penalties or actions under the broader legal framework governing national security. Additionally, any misuse of the powers granted to the Attorney-General under these Regulations could lead to legal challenges or sanctions. The specific penalties for breaches of these Regulations are not detailed within the text of the legislation itself but would likely be determined under the overarching Act and related provisions. The severity of penalties can vary, potentially including fines or other sanctions, depending on the nature and extent of the breach.