STATUTORY RULES.
1941. No. 175.
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REGULATIONS 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 Regulations under the National Security Act 1939-1940.
Dated this twenty-fourth day of July, 1941.
WAKEHURST
Deputy of the Governor-General.
By His Excellency’s Command,
ROBERT G. MENZIES
Minister of State for Defence Co-ordination.
Amendment of National Security (Aliens Control) Regulations.†
Amendment of regulation 2 and heading to Part V.
1. Regulation 2 and the heading to Part V. of the National Security (Aliens Control) Regulations are amended by omitting the words “Internment of Enemy Aliens” and inserting in their stead the words “Detention Orders and Restriction Orders.”
2. Regulation 21 of the National Security (Aliens Control) Regulations is repealed and the following regulation inserted in its stead:—
Restriction orders.
“21.—(1.) If the Minister or any person authorized by him to act under this regulation is of opinion that it is necessary or expedient in the interests of the public safety or the defence of the Commonwealth or the efficient prosecution of the war, he may make an order imposing on any enemy alien restrictions in respect of all or any of the following matters, namely:—
(a) his employment or business;
(b) his association or communication with other persons; or
(c) his activities in relation to the dissemination of news or the propagation of opinions.
(2.) In this regulation “the Minister” means the Minister of State for Defence Co-ordination or the Minister of State for the Army.”
* Notified in the Commonwealth Gazette on 24th July, 1941.
† Statutory Rules 1939, No. 88, as amended by Statutory Rules 1939, No. 95; 1940, Nos. 44, 66, 121, 172, 201 and 269; and 1941, Nos. 59 and 139.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
4617.—Price 3d.
Overview
The Statutory Rules 1941, No. 175, under the National Security Act 1939-1940, were introduced to address the need for more precise and flexible controls over enemy aliens during times of national emergency, particularly during World War II. Enacted by the Deputy of the Governor-General, with advice from the Federal Executive Council, these regulations amended the existing National Security (Aliens Control) Regulations to replace the term "Internment of Enemy Aliens" with "Detention Orders and Restriction Orders." This change reflects a shift towards more tailored measures aimed at safeguarding public safety and ensuring the efficient prosecution of the war. The policy objective is to enable the Minister or authorised officials to impose specific restrictions on enemy aliens, such as limiting their employment, associations, or activities related to news dissemination and opinion propagation, thereby mitigating potential security risks.
Scope and Application
The Statutory Rules of 1941, No. 175, issued under the National Security Act 1939-1940, pertain to the regulation of enemy aliens within the Commonwealth of Australia during times of national security concerns, such as war. These regulations specifically amend the National Security (Aliens Control) Regulations to replace the term “Internment of Enemy Aliens” with “Detention Orders and Restriction Orders.” The authority to impose these orders lies with the Minister of State for Defence Co-ordination or the Minister of State for the Army, or any authorised person acting on their behalf, if they deem such measures necessary or expedient for public safety, defence of the Commonwealth, or the efficient prosecution of the war. The regulations allow for restrictions on an enemy alien's employment, associations, communications, and activities related to news dissemination or opinion propagation. These regulations apply to the entire Commonwealth of Australia, thus having a national reach, and are subject to amendment through subordinate instruments.
Key Provisions
The Statutory Rules 1941, No. 175, made under the National Security Act 1939-1940, amend the National Security (Aliens Control) Regulations. The key operative sections include the re-naming of regulation 2 and Part V from “Internment of Enemy Aliens” to “Detention Orders and Restriction Orders” (Regulation 1) and the replacement of regulation 21 with a new regulation concerning restriction orders (Regulation 2). Specifically, Regulation 21 allows the Minister of State for Defence Co-ordination or the Minister of State for the Army, or any authorised person, to issue an order restricting an enemy alien's employment, association, communication, or dissemination of news or opinions if it is deemed necessary for public safety, defence of the Commonwealth, or efficient prosecution of the war.
These regulations impose several obligations on the parties they govern. The Minister or authorised persons must act in the interests of public safety, defence, or efficient war prosecution when considering issuing a restriction order. The regulation requires that any restrictions imposed must be deemed necessary and expedient under these circumstances. Additionally, the regulation mandates that any order made must specify the nature of the restrictions and the reasons for them, ensuring that decisions are transparent and justifiable.
Failure to comply with these regulations or the issuance of orders without proper authority can lead to significant consequences. While the specific offences, penalties, or civil/criminal consequences are not detailed in the provided text, the overarching framework of the National Security Act 1939-1940 suggests that breaches may result in penalties prescribed under that act. The act generally provides for various penalties, including fines and imprisonment, depending on the severity of the breach and the specific provisions contravened. The statutory context implies that such breaches could also attract civil or administrative penalties, further emphasising the importance of compliance with these regulations.