NATIONAL SECURITY.
No. 15 of 1939.
An Act to make provision for the Safety and Defence of the Commonwealth and its Territories during the present state of War.
[Assented to 9th September, 1939.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title.
1. This Act may be cited as the National Security Act 1939.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Definitions.
3. In this Act, unless the contrary intention appears—
“Australia” includes the Territories of the Commonwealth;
“Commonwealth officer” means any person holding office under the Commonwealth, and includes any person permanently or temporarily employed in the Public Service of the Commonwealth or in or in connexion with the Defence Force, or in the service of any authority or body constituted by or under any Act;
“constable” includes any member of the Police Force of the Commonwealth or of a State or Territory of the Commonwealth, and any Peace Officer appointed in pursuance of the Peace Officers Act 1925;
“the present state of war” means the state of war existing between His Majesty the King and Germany during the period commencing on the third day of September, One thousand nine hundred and thirty-nine, at the hour of nine-thirty o’clock post meridiem reckoned according to standard time in the Australian Capital Territory and terminating on the date of the issue of a proclamation that the war between His Majesty the King and Germany has ceased;
“the present war” means the war between His Majesty the King and Germany existing during the present state of war.
Application of Act to Territories.
4. This Act shall extend, with such exceptions, adaptations and modifications, if any, as are prescribed, to every Territory of the Commonwealth.
Emergency regulations.
5.—(1.) Subject to this section, the Governor-General may make regulations for securing the public safety and the defence of the Commonwealth and the Territories of the Commonwealth, and in particular—
(a) for providing for the apprehension, prosecution, trial or punishment, either in Australia or in any Territory of the Commonwealth, of persons committing offences against this Act;
(b) for authorizing—
(i) the taking of possession or control, on behalf of the Commonwealth, of any property or undertaking; or
(ii) the acquisition, on behalf of the Commonwealth, of any property other than land in Australia;
(c) for prescribing any action to be taken by or with respect to alien enemies, or persons having enemy associations or connexions, with reference to the possession or ownership of their property, the conduct or non-conduct of their trade or business, and their civil rights or obligations;
(d) for prescribing the conditions (including the times, places and prices) of the disposal or use of…
Overview
The National Security Act 1939 was enacted by the Commonwealth Parliament of Australia to address the immediate safety and defence needs of the country during the outbreak of World War II. The Act was assented to on 9th September 1939 and came into operation on the same day. Its primary objective was to provide the Governor-General with the authority to create regulations necessary for securing the public safety and defence of the Commonwealth and its territories during the period of war. The Act allows for the regulation of various matters, including the apprehension and prosecution of offenders, the control of property and businesses of enemy aliens, the management of trade and economic activities, and the imposition of conditions on the movement of money and goods. It also provides for the validation of actions taken prior to the Act's commencement and includes provisions for the protection of sensitive information in legal proceedings. The Act was designed to remain in force during the state of war and for six months following its cessation.
Scope and Application
The National Security Act 1939 applies to the entire Commonwealth of Australia, including its territories, to ensure public safety and defence during the state of war. This Act applies to Commonwealth officers, constables, aliens, naturalized persons, and any individuals or entities involved in actions that may affect national security. The Act authorises the Governor-General to make regulations governing various aspects such as apprehension and prosecution of offenders, control of property and trade, restrictions on aliens, and the disclosure of information. The Act’s provisions extend to ships, vessels, and aircraft registered in Australia or present in Australian territories, and to persons located within Australia or on Australian-registered vessels and aircraft abroad. The Act does not permit compulsory naval, military, or air-force service or extend court-martial jurisdiction to non-military personnel. It also includes provisions for the validation of actions taken before its enactment and the possibility of prosecuting offences either summarily or on indictment, with penalties including fines, imprisonment, and forfeiture of goods. The Act remains in force during the war and for six months post-war.
Key Provisions
- The National Security Act 1939 (Act) authorises the Governor-General to make regulations for the public safety and defence of the Commonwealth during the state of war between His Majesty the King and Germany, which commenced on 3 September 1939. These regulations can cover a wide range of matters, including the apprehension and punishment of offenders (Section 5(1)(a)), control over property and businesses of alien enemies (Section 5(1)(b)-(c)), control over the movement of goods and money (Section 5(1)(d)-(h)), and entry and search of premises (Section 5(1)(i)). The Act also provides for the extraterritorial operation of these regulations (Section 6), the validation of actions taken before the Act's commencement (Section 7), the ability of courts to hear proceedings in camera (Section 8), the proof of documents issued under the regulations (Section 9), and the trial of offences (Section 10).
- The Act imposes obligations on various parties, including the requirement for individuals to comply with the regulations (Section 10(1)), the responsibility of directors and officers of corporations to prevent offences (Section 12), and the requirement for courts to apply specific provisions in certain proceedings (Section 15). Additionally, the Act allows for the delegation of powers by Ministers of State (Section 17) and provides that regulations made under the Act have precedence over inconsistent provisions in other enactments (Section 18).
- The Act establishes various offences and penalties for breaches. The maximum penalties for offences include fines not exceeding One Hundred Pounds and imprisonment for up to six months for summary prosecutions (Section 10(3)(a)), and fines of any amount and imprisonment for any term for indictable offences (Section 10(3)(b)). Additionally, the Act allows for the forfeiture of money or goods involved in an offence (Section 10(6)) and provides that acts preparatory to committing an offence are themselves offences (Section 11). The Act also stipulates that offences by corporations hold their directors and officers accountable (Section 12) and allows for the arrest of suspected offenders without a warrant (Section 13). Furthermore, the Act permits courts to require convicted individuals to enter into recognizances to comply with regulations (Section 14). The Act continues in operation during the state of war and for six months thereafter (Section 19).
- Area of Law
- National Security Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Offence Provisions
- Emergency regulations
- Extraterritorial Application
- Commencement Provisions