National Security (War Service Moratorium) Regulations (Amendment)

Legislation au C1943L00129 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1943. No. 129.

 

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.*

I, THE DEPUTY OF 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 seventeenth day of May, 1943.

Deputy of the Governor-General.

By His Excellency’s Command,

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

 

Amendments of the National Security (War Service Moratorium) Regulations.†

Definitions.

1. Regulation 5 of the National Security (War Service Moratorium) Regulations is amended—

(a) by omitting from paragraph (b) of the definition of “war service” in sub-regulation (1.) the word “and” (last occurring); and

(b) by inserting after that paragraph the following paragraph:—

“(ba) the continuous service of a person called upon to serve in the Defence Force in pursuance of any Act or of any Regulations under an Act; and”.

Proceedings stayed, but rights not otherwise prejudiced.

2. Regulation 10 of the National Security (War Service Moratorium) Regulations is amended by omitting from sub-regulation (1.) the word “effect” (first occurring) and inserting in its stead the word “affect”.

Protection from execution, distress, &c.

3. Regulation 16 of the National Security (War Service Moratorium) Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “the last preceding regulation” and inserting in their stead the words “regulation 15 of these Regulations”;

 

* Notified in the Commonwealth Gazette on , 1943.

† Statutory Rules 1941, No. 61, as amended by Statutory Rules 1941, Nos. 85, 134 and 263; 1942, Nos. 73, 208, 319, 437 and 498; 1943, Nos. 6, 10, 26, 88, 90 and 124.

1388.—Price 3d. 45/14.5.1943.


(b) by inserting after sub-regulation (1.) the following sub-regulations:—

“(1a.) A person shall not, except with the leave of the appropriate court granted upon application made in the manner prescribed by regulation 15 of these Regulations, proceed with the execution of any writ of fieri facias or writ of execution, whenever issued, against land on which a dwelling-house is erected and which is owned by a member of the Forces or a female dependant of a member, whether the judgment or order in respect of which the writ was issued was given or made before or after the date on which the member of the Forces affected at any time became engaged on war service.

“(1b.) Leave shall not be granted under the last preceding sub-regulation—

(a) in any case where the member of the Forces or the female dependant of the member is occupying the dwelling-house concerned; or

(b) if the member of the Forces or female dependant of the member is not occupying the dwelling-house concerned, the member of the Forces or female dependant of the member bona fide desires to occupy the dwelling-house and has taken steps to obtain possession thereof.”; and

(c) by omitting from sub-regulation (2.) the words “the last preceding regulation” and inserting in their stead the words “regulation 15 of these Regulations.”.

Provisions for ascertaining whether persons are or were members of the Forces, &c.

4. Regulation 26 of the National Security (War Service Moratorium) Regulations is amended by omitting from paragraph (b) of sub-regulation (1.) the words “the member” and inserting in their stead the words “a member”.

Application of certain provisions of National Security (Landlord and Tenant) Regulations.

5. Regulation 30 of the National Security (War Service Moratorium) Regulations is amended—

(a) by omitting from paragraph (a) of sub-regulation (8.) the words “term of condition” and inserting in their stead the words “term or condition”; and

(b) by adding at the end thereof the following sub-regulation:—

“(10.) The provisions of sub-regulations (4.), (5.), (6.), (7.), (8.) and (9.) of this regulation shall not apply in relation to any premises of which a member of the Forces, a parent of a member or a female dependant of a member is the lessor.”.

6. Regulation 30d of the National Security (War Service Moratorium) Regulations is repealed and the following regulation inserted in its stead:—

Interpretation.

“30d. For the purposes of this Part, ‘member of the Forces’ includes—

(a) a person who, having been a member of the Forces has been discharged therefrom for a period not exceeding six months; and


(b) a person who is on active service with the Naval, Military or Air Forces—

(i) of any foreign power allied or associated with His Majesty in any war in which His Majesty is engaged; or

(ii) maintained by any foreign authority recognized by His Majesty as competent to maintain Naval, Military or Air Forces for service in association with His Majesty’s Forces.”.

Regulations not to apply in certain cases.

7. Regulation 32 of the National Security (War Service Moratorium) Regulations is amended—

(a) by inserting in sub-regulation (1.), after the word “against”, the words “or in relation to”;

(b) by inserting before paragraph (a) of sub-regulation (1.) the following paragraph:—

“(aa) where the act is the compulsory acquisition of land, and the respondent is not, to the knowledge of the claimant, a member of the Forces—serve on the respondent, in the manner provided by this regulation, a notice (in accordance with a form prescribed by the Attorney-General by order published in the Gazette) requiring the respondent to inform the claimant, within fourteen days after the receipt of the notice, whether or not the respondent is a member of the Forces;”;

(c) by inserting before paragraph (a) of sub-regulation (3.) the following paragraph:—

“(aa) in the case of a notice served under paragraph (aa) of that sub-regulation, that he is a member of the Forces;”; and

(d) by inserting in sub-regulation (3.), after the words “referred to in”, the word, letters and symbols “paragraph (aa),”.

 

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

Overview

The Statutory Rules 1943 No. 129, Regulations under the National Security Act 1939-1940, were introduced to amend the National Security (War Service Moratorium) Regulations to address specific issues arising from the ongoing war effort. Enacted by the Deputy of the Governor-General with the advice of the Federal Executive Council, these regulations aim to protect members of the Defence Forces and their dependants from certain legal proceedings during their service, thereby ensuring that their rights and security are maintained during wartime. The amendments include modifications to definitions, proceedings, and protections from execution and distress, while also clarifying provisions for ascertaining membership status and the application of certain landlord and tenant regulations. This legislative instrument reflects the policy objective of providing comprehensive support and protection for those serving in the Defence Forces and their families.

Scope and Application

The Regulations under the National Security Act 1939-1940, specifically amending the National Security (War Service Moratorium) Regulations, apply to individuals and entities affected by legal proceedings or actions during wartime, particularly those involving members of the Defence Forces and their dependants. These Regulations extend to the Commonwealth of Australia and are designed to provide protections and moratoriums on certain legal actions during periods of active military engagement. The Regulations affect conduct and transactions that would otherwise prejudice or affect members of the Defence Forces or their dependants, offering them respite from certain legal burdens while they are engaged in war service. Exclusions include scenarios where the member of the Defence Forces or their dependant is already occupying the property in question or intends to occupy it. Additionally, certain provisions of the National Security (Landlord and Tenant) Regulations do not apply if the lessor is a member of the Defence Forces, a parent of such a member, or a dependant of a member. The Regulations do not apply in cases of compulsory acquisition of land where the respondent is not a member of the Defence Forces, subject to the respondent being notified and providing information about their status. These Regulations are subject to further specification and refinement through subordinate instruments, ensuring their adaptability to changing wartime circumstances.

Key Provisions

The Regulations under the National Security Act 1939-1940 primarily amend the existing National Security (War Service Moratorium) Regulations to offer protections and safeguards for members of the Defence Force and their dependents during wartime. For instance, Regulation 5 modifies the definition of "war service" to include continuous service of a person called upon to serve in the Defence Force under any Act or Regulations (1). Regulation 10 ensures that proceedings are stayed without prejudicing any rights, by replacing the word "effect" with "affect" (2). Regulation 16 provides protection from certain legal actions such as execution or distress, specifically barring the execution of writs against the property of a member of the Defence Force or a dependent without court approval (3). These regulations impose several obligations on the parties involved. They mandate that certain protections apply to members of the Defence Force and their dependents, prohibiting the execution of writs against their properties without proper court leave (3). Additionally, the regulations require that claimants serve a notice on respondents in specific cases, such as compulsory land acquisition, to determine if the respondent is a member of the Defence Force (7). This notice must be served in a prescribed manner, and respondents must reply within a specified timeframe. Failure to comply with these regulations may result in legal consequences. For instance, executing a writ against the property of a Defence Force member or their dependent without court approval is expressly prohibited and could lead to legal action. Similarly, non-compliance with the notice requirements could also have legal ramifications. While the specific penalties are not detailed in the provided text, such breaches typically result in civil or administrative penalties under the relevant legislation.

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