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.