High Court of Australia
Koll on Foll Foll Chunies Ross WeMitan — Obeldt
Case 12,64 Rose Mason v Cthy Reece ie 60; feanaion Nona, ite een imtsian, Fetal Cre Rel enTALD gat (in2 Ke (Oa 3t 9 sp, 65 C.LR.] OF AUSTRALIA.
[HIGH COURT OF AUSTRALIA.]
BIRCH . ; A 5 . 3 i . APPELLANT ; INFORMANT, AND ALLEN . : : : : f : ; . RESPONDENT. DEFENDANT,
ON APPEAL FROM THE COURT OF GENERAL SESSIONS OF VICTORIA.
62]
National Security—Endeavouring to influence public opinion in a manner likely tobe H.C, or A.
prejudicial to the efficient prosecution of the war— The war"—Meaning— Emendation of statute—Hffect—National Security Act 1939-1940 (No. 15 of
1939—No. 44 of 1940), secs. 3, 19—Acts Interpretation Act 1901-1937 (No. 2 of | SYDNEY,
1901—Wo. 10 of 1937), secs. 10a, 46 (a)—National Security (General) Regulations, regs. 3, 42.
The National Security (General) Regulations must now be regarded, for the
Aug. 25.
Latham C.J., Rich, Starke, McTiernan and
purpose of their construction, as made under the National Security Act 1939 Williams JJ.
as amended by the National Security Act 1940, and not as made under the first-mentioned Act alone. Accordingly the phrase "the war" in reg. 42 of the Regulations refers to " any war in which His Majesty is or may be engaged " and not merely to "the present war" as formerly defined by the National
Security Act 1939.
Apprat from the Court of General Sessions.
Upon an information laid by James Richard Birch, a detective sub-inspector of police and officer-in-charge of the Special Investiga- tion Branch, Melbourne, William Francis Allen was, with the consent of the Acting Attorney-General, summarily charged in the Court of Petty Sessions, Melbourne, that between 17th February 1942 and 17th March 1942 at Melbourne he did, contrary to the National Security Act 1939-1940, contravene a provision of the National Security (General) Regulations—reg. 42—made under the said Act, in which he did endeavour to influence public opinion in a manner likely to be prejudicial to the efficient prosecution of the war by
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