National Security (Allied Works) Regulations (Amendment)

Overview

The Statutory Rules 1943 No. 77, enacted under the National Security Act 1939-1940, addresses the need for amendments to the National Security (Allied Works) Regulations to facilitate the establishment of the Civil Constructional Corps. This legislative instrument was created by the Governor-General in Council, acting on advice from the Minister of State for Defence. The policy objective of these regulations is to ensure the effective mobilization of personnel for national security purposes, specifically by directing individuals from protected industries or undertakings to serve in the Civil Constructional Corps, subject to certain notifications and conditions. These regulations aim to streamline the process for assigning suitable personnel to the Corps while maintaining the integrity and productivity of essential industries during a period of national security concern.

Scope and Application

These Regulations, made under the National Security Act 1939-1940, pertain specifically to the amendment of the National Security (Allied Works) Regulations, establishing the Civil Constructional Corps. They apply to men employed in protected industries or undertakings and are concerned with the direction of such individuals to serve in the Corps. The Regulations are crafted to ensure that only those men not already notified as being available for service in the Corps are directed to serve, as stipulated by the Director-General of Manpower or an authorised representative. This is achieved by modifying the existing sub-regulation to exclude those men who have been notified in writing as being available for service in the Corps, and by adding a new sub-regulation that mandates the inclusion of a copy of this notification whenever a direction is issued for service in the Corps. The Regulations operate within the jurisdictional scope of the Commonwealth of Australia, and any further specifications or exceptions are to be found within the subordinate instruments of the Act.

Key Provisions

The main operative sections of this regulation involve amendments to the National Security (Allied Works) Regulations. Specifically, Regulation 9 is amended to exclude certain men from being directed to serve in the Civil Constructional Corps (Regulation 9(3)(a)). It also introduces a new sub-regulation (Regulation 9(3a)) which requires that any direction to serve in the Corps must be accompanied by a copy of a written notification from the Director-General of Man Power or an authorised person. These amendments impose specific obligations on the parties involved. Firstly, the Director-General of Man Power or an authorised person must notify the Director-General in writing of any men who are available for service in the Civil Constructional Corps. This notification must be provided before any direction is issued to a man employed in a protected industry or protected undertaking to serve in the Corps. Secondly, when such a direction is issued, it must be accompanied by the aforementioned written notification. Failure to comply with these provisions may result in civil or criminal consequences. Although the specific offences, penalties, or consequences are not detailed in the text provided, it can be inferred that non-compliance with statutory regulations of this nature could potentially lead to legal action under the National Security Act 1939-1940. The maximum penalties for breaches of this Act or its regulations could potentially range from fines to imprisonment, depending on the nature and severity of the breach. However, the exact penalties are not specified in the text provided.