STATUTORY RULES.

1946. No. 1.

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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 eleventh day of January, 1946.

HENRY

Governor-General.

By His Royal Highness’s Command,

E. J. HOLLOWAY

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

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Amendments of the National Security (War Deaths) Regulations.†

1. After regulation 5 of the National Security (War Deaths) Regulations the following regulation is inserted:—

Certificates of death of civilians captured in New Guinea or Papua.

“5a.—(1.) Where the Minister of State for External Territories, or a person authorized by him to act under this regulation, is satisfied from information available in the Department of External Territories that any person was in a portion of the Territory of Papua or the Territory of New Guinea at a time when that portion was occupied by the enemy and that that person—

(a) died on a particular date;

(b) died on or after a particular date;

(c) became missing on a particular date and is for official purposes presumed to be dead; or

(d) died on or before a particular date, while in the hands of the enemy or in other circumstances arising out of the war which render difficult the proof of his death, he may issue

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* Notified in the Commonwealth Gazette on 17th January, 1946.

† Statutory Rules, 1942, No. 473, as amended by Statutory Rules 1943, No. 135; 1944, Nos. 100 and 150; and 1945, No. 3.

7035.—Price 3d.

a certificate that that person, being a person to whom this regulation applies—

(e) died on that date;

(f) died on or after that date;

(g) became missing on that date and is for official purposes presumed to be dead; or

(h) died on or before that date,

as the case may be.

“(2.) The Minister of State for External Territories or a person authorized by him to act under this regulation shall not issue a certificate under this regulation in respect of a person who appears to him to have died or become missing while engaged on war service.

“(3.) Where, subsequently to the issue of a certificate under this regulation, it is found that the certificate is incorrect in some particular, a person having power to issue such certificates may, in accordance with this regulation, issue a corrected certificate under this regulation, 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.

“(4.) For the purposes of these Regulations—

(a) a certificate issued under this regulation shall be deemed to be a certificate of death on war service; and

(b) in relation to a certificate issued under this regulation and in relation to a certificate which may be issued under regulation 9 of these Regulations, the Minister of State for External Territories, and every person authorized by him to act under this regulation, shall be deemed to be a competent authority.”.

Proof of life on information available after issue of certificate of death.

2. Regulation 9 of the National Security (War Deaths) Regulations is amended by omitting from sub-regulation (1.) the words “or the Department of Supply and Shipping” and inserting in their stead the words “, the Department of Supply and Shipping or the Department of External Territories”.

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