STATUTORY RULES.
1946. No. 44.
REGULATION 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 Regulation under the National Security Act 1939-1943.
Dated this fourth day of March, 1946.
HENRY
Governor-General.
By His Royal Highness’s Command,
J. M. FRASER
for and on behalf of the Minister of State for Defence.
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Amendment of the National Security (Alien Doctors) Regulations. †
Licensed persons may be required to practice in accordance with requirements and directions of the Minister.
Regulation 14 of the National Security (Alien Doctors) Regulations is amended by adding at the end thereof the following sub-regulation:—
“(2.) Any person who practises medicine in accordance with any such requirement and direction shall, for all purposes of the National Security Act 1939-1943 and of any regulations thereunder, be deemed to be practising medicine in pursuance of his licence and, notwithstanding any limitation, qualification or condition specified in the licence in pursuance of sub-regulation (2.) or (3.) of regulation 10 of these Regulations, the licence shall, for all purposes and in all respects, have effect as a licence under these Regulations to practise medicine in the locality or place, and under the conditions (if any), directed by the Minister.”.
* Notified in the Commonwealth Gazette on 4th March, 1946.
† Statutory Rules 1942, No. 62, as amended by Statutory Rules 1942, No. 262.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
1407.—Price 3d.
Overview
The Statutory Rules 1946 No. 44, under the National Security Act 1939-1943, was enacted to amend the National Security (Alien Doctors) Regulations in order to address the pressing needs of the nation during a period of heightened security concerns. This legislative instrument was made by the Governor-General in Council, reflecting the urgency and gravity of the situation, and aimed to provide the Minister with the necessary tools to direct licensed medical practitioners, including those who were aliens, to practice in specific areas or under particular conditions as deemed necessary for national security. This regulation sought to ensure that medical practitioners, regardless of their licence limitations or conditions, could be mobilised to serve where their skills were most needed, thereby bolstering the healthcare response in a time of crisis.
Scope and Application
The Statutory Rules of 1946, No. 44, issued under the National Security Act 1939-1943, specifically amend the National Security (Alien Doctors) Regulations to further define the scope of practice for licensed medical practitioners, particularly those who are non-citizens. This regulation applies to any individual licensed to practise medicine who must comply with the requirements and directions stipulated by the Minister of State for Defence. Such compliance ensures that the practitioner's medical licence is deemed valid for all purposes under the Act and the relevant regulations, irrespective of any limitations or conditions initially specified in their licence. The amendment is intended to enhance the enforcement of medical practice regulations during a period of national security concern, thereby extending the jurisdictional reach of the Act to include the practice of medicine by non-citizens in specific localities and under particular conditions as directed by the Minister. This regulation does not specify any exclusions or exemptions, and its application is broad, affecting all licensed alien doctors across the Commonwealth of Australia.
Key Provisions
The main operative section of this legislation is the amendment to Regulation 14 of the National Security (Alien Doctors) Regulations, which is outlined in the Statutory Rules 1946, No. 44 (Regulation 14(2)). This amendment provides that licensed medical practitioners may be required to practice in accordance with specific requirements and directions issued by the Minister. The regulation clarifies that any such practitioner, despite any limitations, qualifications, or conditions in their existing license, will be deemed to be practicing under the terms of the new regulation. This means that the practitioner's license will be considered valid for the purposes of practicing medicine in the locality or under the conditions directed by the Minister, regardless of the original terms of their license.
The Act imposes obligations on the parties it governs, primarily focusing on licensed medical practitioners. These practitioners must comply with any requirements or directions issued by the Minister regarding their practice of medicine. This includes adhering to any specific locality or conditions dictated by the Minister. The regulation aims to ensure that licensed doctors can be directed to areas or conditions where their services are most needed, potentially for national security purposes. Compliance with these directives is essential to maintain the validity of their license under the National Security Act 1939-1943.
In terms of consequences for non-compliance, the legislation does not explicitly outline specific offences or penalties within the text provided. However, the National Security Act 1939-1943 under which this regulation is made likely imposes various civil and criminal penalties for breaches of its regulations. These penalties could include fines, imprisonment, or other legal repercussions depending on the severity of the breach. Although the exact penalties are not detailed in this particular regulation, it is reasonable to infer that non-compliance with ministerial directives could lead to serious legal consequences for the affected practitioners.