STATUTORY RULES.
1941. No. 37.
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 nineteenth day of February, 1941.
Governor-General.
By His Excellency’s Command,
for and on behalf of the Minister of State for Defence Co-ordination.
Amendments of the National Security (Building Control) Regulations.†
Definitions.
1. Regulation 3 of the National Security (Building Control) Regulations is amended by adding at the end of the definition of “building authority” the words “, but does not include any Licensing Court or Licensing Magistrate;”.
Building permits not to be applied for in certain cases without consent.
2. Regulation 4 of the National Security (Building Control) Regulations is amended by adding at the end thereof the words “, or, in the case of a hotel, One thousand pounds.”.
Provisions relating to building authorities.
3. Regulation 5 of the National Security (Building Control) Regulations is amended—
(a) by inserting after the words “Five thousand pounds” (first occurring) the words “, or, in the case of a hotel, One thousand pounds”; and
(b) by inserting after the words “Five thousand pounds” (second occurring) the words “or One thousand pounds, as the case may be”.
* Notified in the Commonwealth Gazette on February, 1941.
† Statutory Rules 1940, No. 250.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
757.—6/6.2.1941.—Price 3d.
Overview
The Statutory Rules 1941 No. 37, comprising Regulations under the National Security Act 1939–1940, was enacted by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council. The enactment addressed the need to provide specific amendments to the National Security (Building Control) Regulations to better manage and control building activities in the context of national security during a time of war. The objective of these regulations is to ensure that building permits are not applied for without proper consent, particularly in the case of hotels, and to clarify the roles and responsibilities of building authorities within this framework. The regulations are intended to support the overarching aim of the National Security Act 1939–1940 to safeguard national interests during times of crisis.
Scope and Application
The Statutory Rules of 1941, No. 37, under the National Security Act 1939–1940, amend the National Security (Building Control) Regulations primarily to address building permits and the authority over such permits during times of national security concerns. These regulations apply to individuals and entities involved in the construction or alteration of buildings, with a particular focus on those seeking building permits for hotels, where the financial threshold for obtaining such permits is increased to One thousand pounds. This amendment extends the scope of the existing regulations to ensure that the issuing of building permits aligns with national security interests, particularly in the context of the heightened risks during wartime. The regulations are applicable across the Commonwealth of Australia, indicating a nationwide reach with the intent to standardise building control measures in line with national security imperatives.
The exclusions within these regulations are minimal but significant, as they clarify that certain licensing authorities, specifically any Licensing Court or Licensing Magistrate, are not considered as building authorities under the purview of these regulations. Additionally, the regulations are designed to be flexible, allowing for further refinement and specification through subordinate instruments, ensuring that the provisions can be adapted to evolving national security landscapes.
Key Provisions
The main operative sections of these regulations involve amendments to the National Security (Building Control) Regulations, which are now updated to reflect specific changes in the context of national security. Regulation 3 modifies the definition of "building authority" to exclude any Licensing Court or Licensing Magistrate from the scope of this term. Regulation 4 introduces a new financial threshold of One thousand pounds for hotels when it comes to building permits, indicating that these cases require special consideration or additional consent before permits can be applied for. Regulation 5 adjusts the financial limits associated with building authorities, inserting specific references to One thousand pounds for hotels where the original regulation only mentioned Five thousand pounds.
The obligations and requirements imposed by these regulations are primarily concerned with ensuring that building authorities are aware of the specific conditions applicable to hotels under the purview of national security considerations. The exclusion of Licensing Courts and Magistrates from the definition of "building authority" suggests that these entities should not be involved in the permitting process for hotel buildings over a certain financial value. Additionally, the requirement for hotels to seek additional consent before applying for building permits over One thousand pounds ensures that the national security implications of such constructions are adequately assessed.
For breach of these regulations, the consequences are not explicitly stated within the provided text. However, it can be inferred that any failure to comply with the outlined requirements could lead to legal repercussions under the broader framework of the National Security Act 1939–1940. This could include administrative penalties, fines, or other legal actions taken to enforce adherence to the regulations. Although the specific maximum penalties are not detailed in this excerpt, the seriousness of the national security context suggests that penalties could be significant.