STATUTORY RULES.
1941. No. 39.
REGULATION UNDER THE NATIONAL SECURITY ACT 1939–1940.*
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 1939–1940.
Dated this twenty first day of February, 1941.
Governor-General.
By His Excellency’s Command,
for and on behalf of the Acting Minister of State for Defence Co-ordination.
Amendment of the National Security (Aliens Control) Regulations.†
Regulation 20 of the National Security (Aliens Control) Regulations is amended by inserting, after sub-regulation (3.), the following sub-regulations:—
“(3a.) The Minister may appoint a person, who is eligible to be appointed Chairman of an Aliens Tribunal, to be Acting Chairman of an Aliens Tribunal during any illness or absence of the Chairman, or during any inability from any cause of the Chairman to act as Chairman.
“(3b.) The Minister may appoint a person to act in the place of any member (other than the Chairman) of an Aliens Tribunal during any illness or absence of the member or during any inability, from any cause, of the member to act as member.
“(3c.) A person appointed to be Acting Chairman, or to act in the place of a member, of an Aliens Tribunal, shall have and may perform and exercise, during the illness, absence or inability of the Chairman or member, as the case may be, all the duties, powers and functions of the Chairman or member, as the case may be, under this regulation and the rules thereunder, except such duties, powers or functions (if any) as the Minister specifies.”.
* Notified in the Commonwealth Gazette on , 1941.
† Statutory Rules 1939, No. 88, as amended by Statutory Rules 1939, No. 95; and 1940, Nos. 44, 66, 121, 159, 172, 201 and 269.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
964.—6/18.2.1941.—Price 3d.
Overview
The Statutory Rules 1941 No. 39, made under the National Security Act 1939–1940, address the need for continuity and efficiency in the administration of Aliens Tribunals during periods when the Chairman or other members may be unable to perform their duties due to illness, absence, or incapacity. Enacted by the Governor-General in Council, these regulations aim to ensure that the Tribunals can continue their operations without significant disruption. By allowing the Minister to appoint Acting Chairmen or substitute members, the regulation aims to maintain the necessary judicial functions and decision-making processes concerning the control of aliens in the context of national security.
Scope and Application
The Statutory Rules of 1941, No. 39, made under the National Security Act 1939–1940, pertain to amendments of the National Security (Aliens Control) Regulations. Specifically, this regulation modifies Regulation 20 by introducing sub-regulations (3a), (3b), and (3c). These sub-regulations empower the Minister to appoint an Acting Chairman or an acting member of an Aliens Tribunal in instances of illness, absence, or incapacity of the existing Chairman or members. The appointed individuals are granted the same duties, powers, and functions as the original office holders, except for any specifically restricted duties, powers, or functions designated by the Minister. This regulation applies to the management and functioning of Aliens Tribunals, impacting the personnel involved in these tribunals within the Commonwealth of Australia. The amendment does not specify any exclusions or exemptions and is part of the overarching framework of national security measures during a period of heightened global conflict. The application of these regulations is integral to the administration of the National Security (Aliens Control) Regulations and is subject to further elaboration or restriction through subordinate instruments as necessary.
Key Provisions
The key operative sections of this legislative instrument involve amendments to the National Security (Aliens Control) Regulations, specifically Regulation 20, which now includes sub-regulations (3a), (3b), and (3c). These new sub-regulations provide the Minister with the authority to appoint an Acting Chairman of an Aliens Tribunal during the illness, absence, or incapacity of the current Chairman (3a). Similarly, the Minister can appoint a substitute member to act in place of any other member of the Aliens Tribunal during their illness, absence, or incapacity (3b). The appointed Acting Chairman or substitute member is then empowered to perform all the duties, powers, and functions of the Chairman or member, respectively, unless the Minister specifies otherwise (3c).
The obligations imposed by this regulation primarily concern the administrative structure of the Aliens Tribunal. The Minister is required to ensure that the tribunal is adequately staffed at all times by either appointing an Acting Chairman or a substitute member when necessary. This includes ensuring that the Acting Chairman or substitute member can exercise the necessary powers and perform the required duties, barring any specific restrictions imposed by the Minister. These provisions aim to maintain the tribunal’s operational efficiency and decision-making capacity despite the temporary absence or incapacity of its members.
In terms of consequences for breach, the legislative instrument does not explicitly outline offences, penalties, or consequences for non-compliance with these provisions. However, given the critical nature of the tribunal’s role in national security, any failure to ensure its proper functioning could potentially lead to significant administrative or legal repercussions. Non-compliance might be viewed as a breach of public trust and could attract scrutiny or investigation, particularly if it affects the tribunal’s ability to make timely and effective decisions. The absence of specific penalties in the text suggests that the primary focus is on ensuring the tribunal’s continuity and effectiveness rather than imposing punitive measures for individual errors.