National Security (Camouflage) Regulations

Legislation au C1941L00188 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1941. No. 188.

––––––

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 seventh day of August, 1941.

GOWRIE

Governor-General.

By His Excellency’s Command,

J. P. ABBOTT

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

 

National Security (Camouflage) Regulations.

Citation.

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

Administration.

2. These Regulations shall be administered by the Minister of State for Home Security.

Definitions.

3. In these Regulations, unless the contrary intention appears—

“authorized officer” means any person appointed by the Chairman of the Defence Central Camouflage Committee to be an authorized officer for the purposes of these Regulations;

“State Committee” means a State Defence Camouflage Committee appointed by the Minister in pursuance of regulation 14 of these Regulations;

“the Central Committee” means the Defence Central Camouflage Committee established in pursuance of regulation 4 of these Regulations;

“the Minister” means the Minister of State for Home Security.

* Notified in the Commonwealth Gazette on 7th August, 1941.

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Defence Central Camouflage Committee.

4. There shall be a Committee, to be known as the Defence Central Camouflage Committee, consisting of—

(a) a person appointed by the Minister to be the Chairman of the Committee;

(b) the Director of Works, Department of Defence Co-ordination;

(c) two members possessing specialized knowledge of matters relating to camouflage, who shall be appointed by the Minister;

(d) five members appointed by the Minister to represent the Department of the Navy, the Department of the Army, the Department of Air, the Department of the Interior, and the Department of Munitions, respectively;

(e) a finance member appointed by the Minister, who shall be an officer of the Department of Defence Co-ordination; and

(f) an officer of the Department of Home Security appointed by the Minister.

Functions of Central Committee.

5. The functions of the Central Committee shall be—

(a) to prepare lists of places of national and military importance which, in the opinion of the Committee, should be camouflaged;

(b) to conduct experimental work in relation to camouflage and types of Defence and Civil camouflage equipment;

(c) to prepare or approve plans for camouflage schemes, and to co-ordinate and control all such schemes;

(d) to maintain records of all available information relating to camouflage;

(e) to co-ordinate and direct the activities of State Defence Camouflage Committees; and

(f) to advise the Minister concerning any matters referred by him to the Committee.

Technical Director of Camouflage.

6.—(1.) The Minister may appoint one of the members referred to in paragraph (c) of regulation 4 of these Regulations to be the Technical Director of Camouflage.

(2.) The Technical Director of Camouflage shall have and may exercise and perform such powers and functions as the Minister determines.

Secretary and officers.

7. The Minister may appoint a Liaison Officer, a person to act as Secretary to the Central Committee, and such other officers as may be necessary to assist the Committee.

Terms and conditions of employment of Technical Director and officers.

8. The Technical Director of Camouflage, the Secretary, and the officers appointed in pursuance of these Regulations shall hold office during the pleasure of the Minister and upon such terms and conditions as the Minister determines.

Meetings of Central Committee.

9.—(1.) Meetings of the Central Committee shall be held at such times and places as are determined by the Committee or notified to members of the Committee by the Secretary.

(2.) The Minister may appoint a person to act as Deputy Chairman of the Committee.


(3.) The Deputy Chairman shall act as Chairman of the Committee whenever the Chairman is unable, owing to illness or for any other reason, to perform the duties of that office, and the Deputy Chairman, while so acting, shall have, and may exercise and perform, all the powers and functions of the Chairman under these Regulations.

(4.) At any meeting of the Committee—

(a) four members shall constitute a quorum;

(b) all questions before the Committee shall be decided by a majority of votes;

(c) the Chairman shall have a deliberative vote, and, in the event of an equality of votes, shall also have a casting vote.

(5.) In the event of any member (other than the Chairman) being unable to attend any meeting of the Committee, he may nominate a person to attend in his stead.

(6.) A nomination in pursuance of the last preceding sub-regulation shall be in writing signed by the member, and shall be forwarded to the Chairman of the Committee prior to the commencement of the meeting to which it relates.

(7.) Any person nominated under this regulation to attend a meeting of the Committee shall have and may exercise at that meeting all the powers of the member by whom he was nominated.

Executive Committee.

10.—(1.) There shall be an Executive Committee consisting of—

(a) the Chairman of the Central Committee, who shall be Chairman;

(b) the Director of Works, Department of Defence Co-ordination;

(c) the members referred to in paragraph (c) of regulation 4 of these Regulations; and

(d) the member appointed in pursuance of paragraph (d) of that regulation to represent the Department of the Interior.

(2.) The Executive Committee may co-opt any of the members referred to in paragraph (d) of regulation 4 of these Regulations to be a member of the Executive Committee when any matter affecting the Department represented by him is under consideration, and that member shall be entitled to attend and vote at meetings of the Committee when such matters are under consideration.

(3.) Three members of the Executive Committee shall constitute a quorum.

Power to enforce camouflage.

11.—(1.) For the purpose of ensuring adequate camouflage treatment of any place, premises or works, the Minister may serve on the owner of the place, premises or works, or his agent, a notice in writing requiring the owner, within the time specified in the notice, to carry out such camouflage treatment as is specified in the notice.

(2.) The owner shall comply with all requirements made in the notice.


No camouflage without authority.

12. No building or structure shall be treated with a view to camouflage except with the permission of, and in accordance with a design approved by, the Chairman of the Central Committee, or a person thereto authorized in writing by the Minister.

Power to enter property.

13.—(1.) For the purposes of these Regulations, any authorized officer may—

(a) enter upon and inspect any place, premises or works;

(b) require any person in possession of plans, photographs or drawings of any premises, buildings or plant to produce them for examination and to permit copies thereof to be made;

(c) make plans and drawings of any premises, buildings or outside plant; and

(d) photograph premises, buildings or plant.

(2.) A person shall not prevent or attempt to prevent an authorized officer from exercising the powers conferred by this regulation, or refuse or fail, without reasonable cause, to comply with any requirement made in pursuance of this regulation.

State Committees.

14.—(1.) The Minister shall appoint in each State a State Defence Camouflage Committee consisting of not more than eight persons, including—

(a) two members possessing specialized knowledge of matters relating to camouflage;

(b) three members appointed to represent the Department of the Navy, the Department of the Army, and the Department of Air, respectively;

(c) a person resident in the State who shall be appointed to represent the State; and

(d) a representative of the Department of the Interior.

(2.) The Minister may appoint one of the members to be the Chairman of the Committee.

(3.) The Committee may co-opt any person to be a member of the Committee during the holding of meetings of the Committee for the consideration of particular projects or matters.

Functions of State Committees.

15. The powers and functions of a State Committee shall be—

(a) to furnish technical data to the Central Committee in connexion with proposed camouflage work;

(b) to supervise camouflage work within the State in conjunction with the Central Committee and in collaboration with the Department of the Interior, and to report to the Central Committee thereon;

(c) to make arrangements in conjunction with the Central Committee for the dissemination of knowledge in camouflage technique to selected personnel; and

(d) such other powers and functions as are assigned or delegated to it by the Central Committee.

Authority necessary for expenditure.

16. No work on camouflage involving expenditure shall be carried out without the authority of the Central Committee.


Meetings of State Committee.

17.(1.) Meetings of a State Committee shall be held at such times and places as are determined by the Committee or notified to members of the Committee by the Chairman.

(2.) Three members of the Committee shall constitute a quorum.

(3.) In the event of any member (other than the Chairman) being unable to attend any meeting of the Committee, he may nominate a person to attend in his stead.

(4.) A nomination in pursuance of the last preceding sub-regulation shall be in writing signed by the member, and shall be forwarded to the Chairman of the Committee prior to the commencement of the meeting to which it relates.

(5.) Any person nominated under this regulation to attend a meeting of the Committee shall have and may exercise at that meeting all the powers of the member by whom he was nominated.

Committees in Territories.

18.(1.) The Minister may appoint a Camouflage Committee in any Territory of the Commonwealth consisting of such persons as he considers appropriate.

(2.) A Camouflage Committee so appointed shall exercise and perform such powers and functions as are assigned or delegated to it by the Central Committee.

Restrictions of disclosing information.

19. Any person who obtains information in pursuance of these Regulations shall not, otherwise than in connexion with the execution of these Regulations, or of an Order made under these Regulations, disclose that information except with permission granted by the Minister or by a person thereto authorized by the Minister.

 

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

4992.—2

Overview

The National Security (Camouflage) Regulations 1941 were enacted as a legislative instrument under the National Security Act 1939-1940, addressing the need for effective camouflage strategies to protect national and military assets during wartime. These regulations were made by the Governor-General in Council, acting on advice from the Minister of State for Defence Co-ordination. The overarching policy objective was to ensure that adequate camouflage measures were implemented across Australia to safeguard important locations and installations from potential threats. These regulations established the Defence Central Camouflage Committee and State Defence Camouflage Committees to oversee the development and execution of camouflage plans, ensuring coordination and compliance with the Minister of State for Home Security. These regulations were designed to empower the Minister to issue directives regarding the camouflage of significant sites, buildings, and infrastructure. By doing so, they aimed to provide a structured and authoritative framework for the implementation of camouflage strategies, thereby contributing to national security efforts. The establishment of the Defence Central Camouflage Committee and the State Defence Camouflage Committees facilitated the central coordination and state-level execution of these critical measures, reflecting the government's commitment to protecting national interests during a period of heightened global conflict.

Scope and Application

The National Security (Camouflage) Regulations made under the National Security Act 1939-1940 apply to individuals and entities within the Commonwealth of Australia, focusing on the implementation and enforcement of camouflage strategies to protect places of national and military importance. These regulations are administered by the Minister of State for Home Security and apply across the Commonwealth, with the establishment of both a Defence Central Camouflage Committee and State Defence Camouflage Committees to oversee and execute camouflage plans. The regulations mandate that any camouflage activities must be conducted with the permission of the Chairman of the Central Committee or an authorized officer, and prohibit the treatment of buildings or structures for camouflage purposes without such authorization. Authorized officers have extensive powers to enter and inspect properties, obtain necessary documentation, and take photographs of premises for the purpose of enforcing these regulations. The Minister has the authority to appoint a Technical Director of Camouflage and other necessary officers, who are responsible for carrying out the functions of the Central Committee and executing the provisions of the regulations. Additionally, the regulations include provisions for the creation of committees in Australian territories and stipulate that information obtained under these regulations must not be disclosed without explicit permission from the Minister or an authorized person.

Key Provisions

The National Security (Camouflage) Regulations, which may be cited as such, are made under the National Security Act 1939-1940 and are administered by the Minister of State for Home Security (Sections 1 and 2). These Regulations establish the Defence Central Camouflage Committee, which includes a Chairman, the Director of Works, members with camouflage expertise, representatives from various government departments, a finance officer, and a Home Security officer (Section 4). The Central Committee's functions include identifying places for camouflage, conducting experiments, preparing and approving camouflage plans, maintaining records, coordinating State Committees, and advising the Minister (Section 5). The Minister may appoint a Technical Director of Camouflage from the Committee members, and may also appoint a Secretary and other officers necessary to assist the Committee (Sections 6 and 7). The terms and conditions of employment for these roles are determined by the Minister (Section 8). Meetings of the Central Committee require a quorum of four members, with the Chairman having a casting vote in the event of a tie, and members can nominate substitutes in writing if they are unable to attend (Section 9). These Regulations impose several obligations on the parties involved. The owner or agent of any place, premises, or works must comply with written notices from the Minister requiring camouflage treatment within a specified timeframe (Section 11). All camouflage must be carried out with permission and an approved design from the Central Committee or an authorized officer (Section 12). Authorized officers are granted extensive powers to inspect, photograph, and document properties for camouflage purposes (Section 13). Additionally, State Defence Camouflage Committees are to be appointed, with their functions including providing technical data, supervising and reporting on camouflage work, and disseminating camouflage knowledge (Sections 14 and 15). Expenditure on camouflage projects requires Central Committee approval, and State Committees must meet quorum requirements for decision-making (Sections 16 and 17). Information obtained under these Regulations is to be kept confidential, with unauthorized disclosure being an offence (Section 19). Violations of these Regulations can lead to various consequences. The most significant of these is the prohibition on unauthorized camouflage treatment of buildings or structures, which is explicitly stated in Section 12. Failure to comply with a Minister's notice under Section 11 may result in legal action or enforcement measures. Additionally, unauthorized disclosure of information obtained under these Regulations is an offence, with the specific penalties not detailed in the excerpt but likely to be significant given the sensitive nature of the information involved.

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National Security Law
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Regulation
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Definitions & Interpretation
Enforcement Powers
Reporting & Disclosure Obligations

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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.