STATUTORY RULES.
1944. No. 100.
REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1943.*
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 1939-1943.
Dated this twenty-ninth day of June, 1944.
GOWRIE
Governor-General.
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.†
Definitions.
1. Regulation 4 of the National Security (War Deaths) Regulations is amended—
(a) by inserting in the definition of “competent authority”, after the word “Air”, the words “, the Minister of State for Civil Aviation”;
(b) by omitting from the definition of “engaged on war service” the word “trading” and inserting in its stead the word “voyaging”;
(c) by inserting in that definition, after the word “includes”, the words “returning to Australia as a passenger on any vessel after so serving, or”; and
(d) by adding at the end of that definition the words “and also includes (whether in the case of a member of the Air Force Reserve or of any other person) being employed by a person carrying on the business of civil aviation, or in, or under contract or arrangement with the Department of Civil Aviation, on duties connected, in the opinion of the competent authority, with the flying or operation of aircraft (including the overhaul, repair, maintenance, loading and unloading of aircraft) for any purpose relating to the prosecution of the war.”.
* Notified in the Commonwealth Gazette on 30th June, 1944.
† Statutory Rules 1942, No. 473, as amended by Statutory Rules 1943, No. 135.
2787.—Price 3d.
Certificates of death of persons engaged on war service.
2. Regulation 5 of the National Security (War Deaths) Regulations is amended—
(a) by inserting after the word “Air” the words “, the Department of Civil Aviation”;
(b) by omitting from paragraph (b) the word “or” (second occurring);
(c) by inserting after paragraph (c) the following paragraph:—
“; or (ca) died on or before a particular date,”;
(d) by omitting from paragraph (e) the word “or” (second occurring); and
(e) by inserting after paragraph (f) the following paragraph:—
“; or (g) died on or before that date,”.
Effect of certificates.
3. Regulation 6 of the National Security (War Deaths) Regulations is amended by inserting in sub-regulations (1.) and (3.), after the word “which” (second occurring), the words “, or on or before which”.
Cancellation and correction of certificates.
4. Regulation 8 of the National Security (War Deaths) Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulations:—
“(1.) Where—
(a) a certificate of death on war service has been wrongly issued;
(b) subsequently to the issue of a certificate of death on war service, information which indicates that the certificate should not have been issued becomes available; or
(c) subsequently to the issue of a certificate of death on war service, it is found that the certificate is incorrect in some particular,
a person having possession of the certificate with knowledge that a competent authority has demanded, or wishes to secure, the delivery up of the certificate, shall forthwith deliver up the certificate to a competent authority and the competent authority may, on obtaining possession of the certificate, cancel or correct the certificate, as the case requires.
“(1a.) Where, subsequently to the issue of a certificate of death on war service, it is found that the certificate is incorrect in some particular, a competent authority may, in accordance with these Regulations, issue a corrected certificate of death on war service notwithstanding that the certificate previously issued has not been cancelled, but the issue of any such further certificate shall not in any way affect the rights of any person acting, without knowledge of the issue of that certificate, in reliance on the certificate previously issued.”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.