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Wednesday, 6 May 1942


Mr BEASLEY - by leave- Regulations 8, 9 and 10 of the National Security (Conscientious Objectors) Regulations under Statutory Rules 1942, No. 80, which were disallowed by the Senate on the 29 th April, 1942, provided respectively for appeals from, decisions of courts of summary jurisdiction in relation to applications for registration on the register of conscientious objectors, the right of the Minister to he heard on the hearing of any application, appeal or review under the regulations, and the. nature of the orders to be made on application for registration or appeals from decisions of such applications. The regulations in question, having been disallowed, are, by virtue of section 48 (6) of the Acts Interpretation Act 1941-1942, deemed to have been repealed. It may be, therefore, that any applicant having a right of appeal at the date of disallowance may still have that right. It would appear, however, that the Minister ceased to have any right to be heard on the hearing of any application or appeal.

With regard to the effect of the disallowance on regulation 10, the matter is not clear.

The question as to the effect of the disallowance is one of law, in relation to which it is not usual for replies to be given 'by Ministers. I may, however, state that there appears to be ground for the view that the effect of the disallowance of regulation 10 is that the courts specified therein have been divested of their power to determine any applications or appeals whether these applications were made, or notice of such appeals was given, before or after the disallowance. Having regard to the likelihood of this construction being correct, it has been suggested to the Crown Law Authorities of the States that, pending a decision as to what steps, if any, should be taken to' amend the regulations, all applications and appeals should be adjourned.







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