National Security (Building Control) Regulations (Amendment)

Overview

The Statutory Rules 1942 No. 22, enacted under the National Security Act 1939–1940, were introduced to address specific concerns related to building control and security during a time of national crisis. Made by the Governor-General in and over the Commonwealth of Australia, acting on the advice of the Federal Executive Council, these regulations aimed to amend the existing National Security (Building Control) Regulations. This legislative instrument sought to exert tighter control over building permits for dwelling houses, particularly those with an estimated cost exceeding Two thousand pounds but not exceeding Three thousand pounds. The policy objective was to ensure that the construction of such buildings did not proceed without explicit consent from the Treasurer, thereby aligning with broader national security imperatives.

Scope and Application

The Statutory Rules 1942, No. 22, which constitute regulations under the National Security Act 1939–1940, primarily concern amendments to the National Security (Building Control) Regulations. These regulations apply to all individuals and entities within the Commonwealth of Australia who are involved in the process of obtaining or utilising building permits for residential structures. Specifically, the regulations address the financial thresholds for building permits related to dwelling houses, dictating that permits for buildings with an estimated cost exceeding Two thousand pounds but not exceeding Three thousand pounds require written consent from the Treasurer, and may become inoperative if construction is not substantially commenced within four months of the regulation's commencement. The regulations have a nationwide reach, impacting all states and territories under the Commonwealth's jurisdiction. This legislative instrument is one example of how the overarching National Security Act 1939–1940 extends its influence through subordinate regulations, thereby shaping and restricting certain conduct and transactions in alignment with national security considerations.

Key Provisions

The Regulations under the National Security Act 1939–1940, specifically amending the National Security (Building Control) Regulations, introduce several significant changes. Regulation 5, as amended, alters the definition of "alteration" by removing "or rebuilding" from its scope, thereby narrowing the definition to exclude rebuilding activities (Section 1). Furthermore, Regulation 6 introduces a new stipulation concerning building permits for dwellings with an estimated cost exceeding £2,000 but not exceeding £3,000. According to Section 2(1), the word "Three" in sub-regulation (2)(a) is replaced with "Two", thereby adjusting the financial threshold for the application of the regulation. This amendment means that if an application for a building permit has been made or a permit has been granted for such a dwelling prior to the commencement of these Regulations, the permit will not be granted without the written consent of the Treasurer, and if the construction has not substantially commenced within four months from the date of commencement of these Regulations, the permit will become inoperative (Section 2(2)). The obligations imposed by these Regulations are significant for both applicants and the Treasurer. For applicants seeking a building permit for a dwelling with an estimated cost exceeding £2,000 but not exceeding £3,000, the primary obligation is to ensure that the application process includes obtaining the written consent of the Treasurer. This consent must be secured prior to the permit being granted. Additionally, if a permit has already been granted, the applicant must commence the construction of the building within four months from the commencement of these Regulations to avoid the permit becoming inoperative. The Treasurer, on the other hand, is tasked with reviewing and providing or withholding consent for the issuance of building permits within the specified financial range. The Regulations also outline consequences for non-compliance. Under Section 2(2), if a building permit has been granted and the construction of the dwelling has not been substantially commenced within the specified timeframe, the permit will be rendered inoperative. This inoperative status means that the permit holder cannot proceed with the construction unless a new permit is obtained, which may require additional consent from the Treasurer. While the Regulations do not explicitly state penalties for failure to comply with these stipulations, the inoperative status of the permit serves as a significant deterrent, ensuring that national security considerations are upheld in the construction of dwellings within the specified cost range.