National Security (Military Forces) Regulations (Amendment) (Cth)

STATUTORY RULES.

1942. No. 492.

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REGULATION UNDER THE NATIONAL SECURITY ACT 1939-1940.*

I, THE DEPUTY OF THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the National Security Act 1939-1940.

Dated this nineteenth day of November, 1942.

Deputy of the Governor-General.

By His Excellency’s Command,

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

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Amendment of the National Security (Military Forces) Regulations.

Powers of certain military officers.

Regulation 10a of the National Security (Military Forces) Regulations is amended—

(a) by omitting from sub-regulation (1.) the word “sub-regulation” and inserting in its stead the words “sub-regulations (1a.) and”;

(b) by omitting paragraphs (a) and (b) of that sub-regulation and inserting in their stead the following paragraphs:—

“(a) appoint persons to be officers of the Military Forces with acting rank;

“(b) promote officers of the Military Forces to acting or temporary rank in those Forces;”;

(c) by omitting paragraph (d) of that sub-regulation and inserting in its stead the following paragraph:—

“(d) fix and alter Establishments and War Equipment Tables and the composition and equipment of units and formations:

Provided that no Establishments shall be fixed or altered without the prior approval of the Minister of State for the Army if any major change in the total number of members of the Military Forces is to be effected;”;

 

* Notified in the Commonwealth Gazette on  , 1942.

  Statutory Rules 1941, No. 1, as amended by Statutory Rules 1941, Nos. 10. 202, 294 and 295; and 1942, Nos. 24, 42, 104, 135, 156, 187, 240, 277 and 341.

7524.—Price 3d.  25/23.10.1942.

(d) by inserting after that sub-regulation the following sub-regulations:—

“(1a.) The powers contained in paragraphs (a) and (b) of sub-regulation (1.) of this regulation shall not be exercised for the purpose of appointing a person to be an officer, or of promoting an officer, to a rank higher than that of Brigadier, except in cases of special emergency and when any such appointment or promotion is made, the following provisions shall apply:—

(a) A report setting out the fact of the appointment or promotion and the circumstances in which it was made shall be furnished to the Minister of State for the Army as soon as practicable after that appointment or promotion has been made;

(b) Within one month after receiving a report furnished in pursuance of paragraph (a) of this sub-regulation, the Minister of State for the Army shall, unless he has vetoed the appointment or promotion, submit the report to the Minister of State for Defence;

(c) The Minister of State for the Army may veto any such appointment or promotion at any time before its confirmation by the Governor-General, and thereupon the appointment or promotion shall terminate.

“(1b.) The officer for the time being appointed to command the Military Forces of the Commonwealth in time of war may, in relation to any matters or class of matters, delegate all or any of his powers or functions under this regulation (except this power of delegation) so that the delegated powers or functions may be exercised by the delegate with respect to the matters or class of matters specified in the instrument of delegation. Every delegation under this sub-regulation shall be revocable at will, and no delegation shall prevent the exercise of any power or function by that officer.”; and

(e) by inserting in sub-regulation (2.), after the word “Army”, the words “, New Guinea Force or Third Australian Corps”.

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