1942. No. 230.
REGULATION 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 Regulation under the National Security Act 1939-1940.
Dated this fourteenth day of May, 1942.
GOWRIE
Governor-General.
By His Excellency’s Command,
ARTHUR S. DRAKEFORD
for and on behalf of the Minister of State
for Defence.
Amendment of National Security (Supplementary) Regulations.†
The National Security (Supplementary) Regulations are amended by adding at the end thereof the following regulation:—
“Power to prohibit work in vicinity of aerodromes, &c.
58.—(1.) The Minister, or any person, or person included in a class of persons, authorized in writing by the Minister to act under this sub-regulation, whether generally or in relation to a particular aerodrome or establishment, or class of aerodromes or establishments, may prohibit, either absolutely, or subject to conditions or exceptions, the doing of any particular work, or of any class of work—
(a) within a distance of five miles, or within such other distance as is specified from time to time by the Minister by notice published in the Gazette from the nearest point of any aerodrome; or
(b) within such distance as is so specified from any military, industrial or other establishment, or class of establishments, which the Minister declares, by notice published in the Gazette, to be an establishment, or class of establishments, to which this regulation applies.
* Notified in the Commonwealth Gazette on 14th May, 1942.
† Statutory Rules 1940, No. 126, as amended by Statutory Rules 1940, Nos. 151, 169, 213, 228, 233, 234, 245 and 257; 1941, Nos. 75, 88, 100, 140, 197, 200, 222, 249, 296, 297, 303, 314, 318, 320 and 323; and 1942, Nos. 16, 20, 21, 23, 40, 50, 57, 62, 63, 72, 78, 90, 111, 125, 132, 147, 150, 153, 154, 157, 161, 172, 175, 185, 188, 189, 197, 201, 213 and 219.
3165.—Price 3d.
“(2.) The Minister or any other person specified in the last preceding sub-regulation, any person authorized by the Minister or by any such person to act under this sub-regulation, or any member of the Defence Force acting in the course of his duty, may—
(a) enter on—
(i) any land to which any prohibition under the last preceding sub-regulation applies for the purpose of ascertaining whether any such prohibition is being observed or in connexion with the exercise of any power under this sub-regulation;
(ii) any land for the purpose of determining whether any such prohibition should be made in respect of the land; and
(iii) any land giving access to any land referred to in this paragraph;
(b) bring onto any land which he is authorized by this sub-regulation to enter such persons and things as he considers necessary for the purposes of this sub-regulation;
(c) remove from any such land any person whom he finds committing any breach of any such prohibition or who, in his opinion, is likely to commit any such breach;
(d) prevent any person from committing such a breach; and
(e) use, or authorize the use, of reasonable force for the purposes of the exercise of his powers under this sub-regulation.
“(3.) A prohibition under this regulation may be made by order or, where the prohibition is directed to a particular person, by notice given orally or in writing to that person.
“(4.) A person shall not do any work which is prohibited under this regulation whether generally, or by a prohibition directed to that person.
“(5.) In this regulation—
‘aerodrome’ means any ground or water area used, or intended to be used, either wholly or in part, for the purpose of the landing, departure, accommodation or concealment of aircraft, whether civil or belonging to the armed forces of His Majesty or any power allied or associated with His Majesty in the present war;
‘the Minister’ means the Minister of State for Home Security; and
‘work’ includes ploughing, excavating or digging of soil, the making of roads and paths, the burning off of grass, scrub or other vegetation, the cutting of trees, the erection or demolition of buildings or other structures, painting, and the moving of large objects.”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.