STATUTORY RULES.
1942. No. 103.
REGULATIONS 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 Regulations under the National Security Act 1939-1940.
Dated this sixth day of March, 1942.
GOWRIE
Governor-General.
By His Excellency’s Command,
F. M. FORDE
for and on behalf of the Minister of State for Defence Co-ordination.
Amendments of National Security (Aliens Service) Regulations.†
Service by refugee aliens and enemy aliens other than refugee aliens.
Regulation 8 of the National Security (Aliens Service) Regulations is amended—
(a) by omitting from sub-regulation (1.) all the words from and including the words “not being service” and inserting in their stead the words “or the Minister of State for the Interior, not being service in the armed forces, but being service which the alien is, in the opinion of the Minister issuing the direction, capable of performing.”
(b) by inserting the following sub-regulation after sub-regulation (1.):—
“(1a.) The Minister of State for Labour and National Service or the Minister of State for the Interior may, in any direction under the last preceding sub-regulation, authorize any person or persons to issue instructions to the alien or aliens to which the direction applies as to the times and places at which the service is to be performed and any other matters incidental to the performance of the service.”
* Notified in the Commonwealth Gazette on 6th March, 1942.
† Statutory Rules 1942, No. 39.
1744.—Price 3d.
(c) by omitting sub-regulation (4.) and inserting in its stead the following sub-regulation:—
“(4.) The Minister for Labour and National Service may, by order, determine the rates of remuneration to be paid by the Commonwealth to aliens in respect of service performed by them under agreements entered into in pursuance of sub-regulation (2.) of this regulation, and may provide for portion of the remuneration to be paid to their dependants:
Provided that the rates of remuneration to be paid to the alien and his dependants shall not exceed the aggregate rate of pay, subsistence allowance and dependants allowance which would be payable in respect of a member of the Australian Military Forces performing similar service.”
(d) by omitting sub-regulation (6.) and inserting in its stead the following sub-regulation:—
“(6.) Where an alien performs service for the Commonwealth, other than service under an agreement entered into in pursuance of sub-regulation (2.) of this regulation, pay and allowances may be paid to him and his dependants at rates equivalent to those payable in respect of a member of the Australian Military Forces performing similar service, and the other conditions of his employment shall be such as are determined by the Minister of State for the Interior.”
(e) by adding the following sub-regulation at the end of that regulation:—
“(7.) An alien shall comply with all directions issued under this regulation which apply to him, and shall obey all instructions and orders given to him by persons duly authorized to give such instructions and orders in relation to the performance of service in pursuance of this regulation.”
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1942, No. 103, made under the National Security Act 1939-1940, were introduced to amend the National Security (Aliens Service) Regulations, addressing the need to effectively manage the service of refugee and enemy aliens during a period of national security concern. Enacted by the Governor-General in Council, the regulations sought to provide flexibility and oversight in the employment of such aliens, ensuring they could contribute to the war effort while maintaining control over their activities. The policy objective was to leverage the skills and capabilities of these aliens in support of national security measures, under the direction of specified Ministers, while ensuring fair remuneration and conditions of service.
Scope and Application
These Regulations, made under the National Security Act 1939-1940, specifically amend the National Security (Aliens Service) Regulations to alter the service requirements and conditions for refugee aliens and enemy aliens other than refugee aliens. The Regulations apply to aliens who are capable of performing service deemed necessary by the Minister of State for the Interior, excluding service in the armed forces. The amendments empower the Minister of State for Labour and National Service or the Minister of State for the Interior to direct aliens to perform such service and authorise persons to issue instructions regarding the service. Additionally, the Minister for Labour and National Service is authorised to determine the rates of remuneration for aliens performing service under agreements, ensuring that the rates do not exceed those for Australian Military Forces members in similar service. The Regulations also cover the payment of equivalent rates and allowances for aliens performing service directly for the Commonwealth and outline the compliance requirements for the aliens involved. These changes aim to effectively mobilise and manage the service of aliens in a manner conducive to national security interests.
Key Provisions
The Regulations under the National Security Act 1939-1940 primarily amend the National Security (Aliens Service) Regulations (Regulation 8). They provide specific directions concerning the service of refugee aliens and enemy aliens who are not refugees. The key amendment allows the Minister of State for the Interior to direct aliens who are not in the armed forces to perform service if they are deemed capable by the Minister issuing the direction (Regulation 8(1)). Furthermore, the Ministers of State for Labour and National Service or the Minister of State for the Interior are authorised to issue instructions to the aliens regarding the specifics of their service, including the times, places, and other incidental matters (Regulation 8(1a)). The remuneration for the aliens' service is determined by the Minister for Labour and National Service and must not exceed the rates paid to Australian Military Forces members for similar service (Regulation 8(4)). Additionally, for services not covered by agreements under sub-regulation (2), the aliens are to be paid and provided allowances equivalent to those for Australian Military Forces members, with employment conditions determined by the Minister of State for the Interior (Regulation 8(6)). Aliens are required to comply with all directions and obey all instructions issued to them by authorised persons (Regulation 8(7)).
The obligations imposed by these regulations include the requirement for refugee and enemy aliens to perform service as directed by the relevant Minister if they are deemed capable. This service must be carried out in accordance with any instructions given by authorised individuals. The Ministers of State for Labour and National Service and the Minister of State for the Interior have specific roles in determining the rates of remuneration, issuing instructions, and setting employment conditions for the aliens' service. The remuneration must not exceed what would be paid to Australian Military Forces members for similar service. Compliance with these directions and instructions is mandatory for the aliens.
Failure to comply with the directions and instructions regarding service under these regulations may result in civil or criminal consequences. While the specific penalties are not detailed in the provided text, breaches of regulations typically attract penalties as prescribed by the relevant legislation. Under the National Security Act 1939-1940, penalties can include fines, imprisonment, or both, depending on the severity of the breach. The exact penalties would be determined by the courts based on the specific circumstances of each case.