STATUTORY RULES.
1942. No. 384.
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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 second day of September, 1942.
(SGD.) GOWRIE
Governor-General.
By His Excellency’s Command,
for and on behalf of the Minister of State for Defence.
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Amendment of National Security (Allied Works) Regulations.†
The National Security (Allied Works) Regulations are amended by adding at the end thereof the following regulations:—
Service of notices directions, &c.
“15. Any notice, direction or requirement authorized or required to be given to or made on any person by or under these Regulations may be given or made—
(a) by causing it to be served personally on that person; or
(b) by sending it by post in a prepaid letter addressed to him at his last or usual place of abode or place of business.
Proof of notices, &c.
“16.—(1.) Any notice, requirement, direction, certificate, determination, order or other document expressed to have been given, made or issued by the Director-General or on his behalf shall, in the absence of proof to the contrary, be deemed to have been so given, made or issued.
“(2.) In any prosecution for a contravention of or failure to comply with any provision of these Regulations or of any order made thereunder, a certificate under the hand of the Director-General, or a person authorized by the Director-General to issue certificates for the purposes of this regulation, that a document annexed to the certificate
* Notified in the Commonwealth Gazette on , 1942.
† Statutory Rules 1942, No. 88, as amended by Statutory Rules 1942, No. 170.
5734.—Price 3d. 25/3.8.1942.
is a true copy of a notice, direction or requirement given, in accordance with regulation 15 of these Regulations, to, or made, in accordance with that regulation on, the person charged, shall be prima facie evidence of the matter so certified and, when the certificate certifies that the notice, direction or requirement was given or made in accordance with paragraph (b) of that regulation, that the original notice, requirement or direction of which the document purports to be a copy was received by the person charged at the time when it would in the ordinary course of post have arrived at the place to which it was addressed if it had been given or made on the date borne by the notice, direction or requirement.”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
Statutory Rules 1942, No. 384, represents a regulatory amendment under the National Security Act 1939-1940, enacted during a period of significant national crisis in 1942. The regulation, made by the Governor-General in Council, addresses the procedural aspects of service and proof of notices, directions, and other requirements issued under the National Security (Allied Works) Regulations. The policy objective underpinning these amendments is to streamline and formalise the mechanisms by which the government can communicate and enforce its mandates during wartime, ensuring that both the government and the public have clear, legally recognised methods of interaction. This regulation serves to enhance the efficiency and enforceability of national security directives by clarifying the methods of notice delivery and the evidentiary standards applicable to such communications.
Scope and Application
The National Security (Allied Works) Regulations, as amended by the Statutory Rules 1942, No. 384, extend their reach to any person subject to the directives and requirements of these regulations, which include notices, directions, and requirements that must be served personally or sent by post to the individual’s last or usual place of residence or business. These regulations operate under the overarching authority of the National Security Act 1939-1940, and their enforcement is carried out with the approval of the Director-General. Notably, the regulations are designed to apply broadly across the Commonwealth of Australia, ensuring uniformity in the enforcement of national security directives during a period of significant global conflict. The presumption of validity for documents issued by the Director-General, unless disproven, and the prima facie evidence of service provided by a certificate from the Director-General or an authorised person, streamline the legal process for compliance and prosecution related to these regulations. This legislative instrument is instrumental in maintaining order and security within the national framework, as it provides a clear and enforceable method for communication and documentation within the scope of national security measures.
Key Provisions
The Regulation under the National Security Act 1939-1940 amends the National Security (Allied Works) Regulations primarily by introducing provisions for the service of notices, directions, and requirements (Regulation 15) and establishing the presumption of validity for documents issued by the Director-General (Regulation 16). Regulation 15 specifies that notices, directions, or requirements may be served either personally on the individual or sent via post to their last or usual place of residence or business. This ensures that the communication is delivered in a manner that is both personal and official, or through a traceable postal service.
These regulations impose certain obligations on the parties they govern. For instance, the Director-General or an authorized person must ensure that any notice, direction, or requirement is appropriately served as per the regulations. Furthermore, the Director-General's office is responsible for maintaining records and issuing certificates that validate the issuance and receipt of such communications. This ensures a formal and traceable process for delivering and acknowledging official notices under the Act.
In terms of consequences for non-compliance, the regulations do not explicitly state civil or criminal penalties for breaching the service requirements. However, the presumption of validity established in Regulation 16(1) implies that failure to properly serve notices could lead to legal challenges in proving the non-delivery of official communications. Additionally, Regulation 16(2) underscores the legal weight of certificates issued by the Director-General, meaning that any disputes over the delivery or receipt of notices would likely be resolved in favour of the government's records, unless proven otherwise. This creates a strong legal framework that supports the enforcement of the Act's provisions.