National Security (Allied Forces) Regulations

Legislation au C1941L00302 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1941. No. 302.

 

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 seventeenth day of December, 1941.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

for and on behalf of the Minister of State for Defence Co-ordination.

———

National Security (Allied Forces) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Allied Forces) Regulations.

Administration.

2. These Regulations shall be administered by the Minister of State for Defence Co-ordination.

Law applicable to allied forces.

3.—(1.) Where any naval, military or air forces of any foreign Power allied or associated with His Majesty in any war in which His Majesty is engaged are for the time being present in Australia or on board any of His Majesty’s Australian ships or aircraft, the naval, military and air force courts and authorities of the Power may, subject to the provisions of these Regulations, exercise within Australia or on board any such ship or aircraft in relation to members of those forces, in matters concerning discipline and internal administration, all such powers as are conferred upon them by the law of that Power.

(2.) Where any foreign authority is recognized by His Majesty as competent to maintain naval, military or air forces for service in association with His Majesty’s forces, that authority may by order made with the concurrence of the Minister of State for the Navy, the Minister of State for the Army or the Minister of State for Air, as the

* Notified in the Commonwealth Gazette on , 1941.

8152.—20/15.12.1941.—Price 3d.


case may be, confer, whether by reference to the present or former national law of the authority or otherwise, upon naval, military or air force courts and authorities constituted in accordance with the order, all such powers as are necessary to secure the discipline and internal administration of any forces so maintained which are for the time being present in Australia or on board any ship or aircraft serving in association with the naval, military or air forces of the Commonwealth or on board any of His Majesty’s Australian ships or aircraft.

Saving of jurisdiction of civil courts.

(3.) The Governor-General may, by order published in the Gazette, provide for the application to any such naval, military or air forces as are mentioned in sub-regulations (1.) and (2.) of this regulation, subject to such adaptations, modifications and exceptions as are provided by the order, of sub-sections (2.) to (6.) of section six, and of sections seven, eight and ten of the Defence (Visiting Forces) Act 1939.

4.—(1.) Nothing in the last preceding regulation shall affect the jurisdiction of any civil court of the Commonwealth or of any State or Territory of the Commonwealth, to try a member of any of the naval, military or air forces mentioned in that regulation for any act or omission constituting an offence against the law of the Commonwealth or of that State or Territory, as the case may be.

(2.) If a person sentenced by a court exercising jurisdiction by virtue of the last preceding regulation to punishment for an offence is afterwards tried by any such civil court in respect of any act or omission which constituted that offence, the civil court shall, in awarding punishment in respect of that act or omission, have regard to any punishment imposed on him by that sentence.

Application of Naval Discipline Act, Army Act and Air Force Act to Allied Forces, &c.

(3.) A court shall not have jurisdiction by virtue of the last preceding regulation to try any person for any act or omission constituting an offence for which he has been acquitted or convicted by any such civil court.

5.—(1.) For the purpose of securing effective co-operation between the naval, military and air forces of the Commonwealth and the forces of any such allied Power or foreign authority as is mentioned in regulation 3 of these Regulations, the Governor-General may, by order published in the Gazette, provide for the application of the Naval Discipline Act, the Army Act or the Air Force Act, as the case may be, to members of any of the forces of that Power or authority, subject to such adaptations, modifications and exceptions as may be provided by the order, and, without prejudice to the generality of the foregoing provision, the order may modify the procedure for the trial and punishment under these Acts of offences committed by members of the forces of the allied Power or foreign authority and may in particular provide for enabling courts-martial trying those offences to comprise officers of those forces as well as officers of the naval, military and air forces of the Commonwealth.

(2.) Any order made under this regulation may make provision for securing that—

(a) a member of the forces of the allied Power or foreign authority shall not be punished both under the Naval Discipline Act, the Army Act or the Air Force Act, as the case may be, and by virtue of regulation 3 of these Regulations for the same offence; and


(b) in the case of offences which may be punished either under the Naval Discipline Act, the Army Act or the Air Force Act, as the case may be, or by virtue of regulation 3 of these Regulations, or in the case of such of those offences as are specified in the order, proceedings shall not be taken by virtue of regulation 3 of these Regulations without the consent of such authority as is appointed by the Minister of State for the Navy, the Minister of State for the Army, or the Minister of State for Air, as the case may be.

(3.) In this regulation—

“the Army Act” means the Imperial Act called the Army Act and any Acts amending or in substitution for it and for the time being in force;

“the Air Force Act” means the Imperial Act called the Air Force Act and any Acts amending or in substitution for it and for the time being in force;

“the Naval Discipline Act” means the Imperial Act called the Naval Discipline Act and any Acts amending or in substitution for it and for the time being in force.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The National Security (Allied Forces) Regulations 1941 were introduced as a legislative instrument under the National Security Act 1939-1940 to address the legal complexities arising from the presence of allied forces within Australia during World War II. Enacted by the Governor-General in Council, these regulations were designed to facilitate the administration, discipline, and internal management of allied naval, military, and air forces operating within Australia or on Australian vessels and aircraft. The primary objective of these regulations was to ensure that the laws of allied nations could be applied to their forces while also preserving the jurisdiction of Australian civil courts for certain offences. This legislative measure aimed to foster effective cooperation between allied forces and Australian defence forces, addressing the logistical and jurisdictional challenges posed by the multinational presence on Australian soil.

Scope and Application

The National Security (Allied Forces) Regulations, made under the National Security Act 1939-1940, pertain to the administration of discipline and internal affairs within allied naval, military, and air forces present in Australia during wartime. The regulations allow allied forces to exercise their own disciplinary and administrative laws within Australia or on Australian vessels and aircraft, provided they comply with the regulations. The Minister of State for Defence Co-ordination oversees the administration of these regulations. While allied forces are permitted to maintain their own disciplinary practices, civil courts retain the authority to prosecute members of these forces for offences against Australian law. Furthermore, the Governor-General may issue orders to adapt Australian military acts to apply to allied forces, ensuring consistent legal treatment and cooperation between allied and Australian forces. These regulations are designed to facilitate effective military coordination and operations during periods of alliance and conflict.

Key Provisions

The main operative sections of the National Security (Allied Forces) Regulations (1941) primarily focus on the administration of discipline and internal matters concerning allied forces present in Australia during wartime. Section 3(1) allows the naval, military, and air force courts and authorities of allied powers to exercise their own disciplinary and administrative powers within Australia, subject to the provisions of these Regulations. Section 3(2) provides a mechanism for foreign authorities recognised by His Majesty to confer necessary powers on their military courts and authorities to maintain discipline in forces present in Australia. Section 4 ensures that civil courts retain jurisdiction over any offences committed by members of allied forces, while Section 5 allows the application of Australian military laws to allied forces, subject to certain adaptations and modifications. These Regulations impose specific obligations on allied forces and the authorities governing them. Allied forces must adhere to the disciplinary and administrative laws of their own countries, as per Section 3(1), while ensuring that any conflicts with Australian laws are managed through the provisions of these Regulations. Foreign authorities recognised by His Majesty must follow the procedures outlined in Section 3(2) to confer powers to their military courts and authorities, ensuring a coordinated approach to maintaining discipline. Furthermore, Section 5 facilitates the application of Australian military laws to allied forces, provided that any orders made under this section prevent double punishment for the same offence and require consent for proceedings to be taken under Section 3(2). Violations of these Regulations may result in civil or criminal consequences. While the Regulations themselves do not explicitly outline specific offences or penalties, breaches of discipline or administrative matters by allied forces could be prosecuted under the Defence (Visiting Forces) Act 1939. Under this Act, penalties for offences committed by allied forces could include fines or imprisonment, depending on the severity of the offence and the jurisdiction in which it was committed. The maximum penalties would be in line with the provisions of the Defence (Visiting Forces) Act 1939, which might include substantial fines or imprisonment terms commensurate with the nature and circumstances of the offence.

Legal classification tags

Area of Law
National Security Law
Instrument
Legislative Instrument
Concepts
Delegated & Subordinate Legislation
Offence Provisions
Enforcement Powers

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.