National Security (Cargo Control) Regulations (Amendment)

Overview

The Statutory Rules 1942 No. 447, made under the National Security Act 1939-1940, addresses the need to ensure continuity in the operations of the Central Committee and State Committees during times of absence or illness of their members. Enacted by the Governor-General in Council, these regulations allow the Minister of State for Defence to appoint deputies who can effectively stand in for committee members when necessary. This legislative instrument aims to maintain the operational integrity and decision-making capabilities of these committees during critical periods, ensuring that national security measures are not compromised due to the unavailability of key personnel.

Scope and Application

The statutory rule under the National Security Act 1939-1940 pertains to amendments to the National Security (Cargo Control) Regulations. Specifically, this regulation introduces a new provision that allows the Minister to appoint deputies for members of the Central Committee or a State Committee. These deputies are empowered to act on behalf of their respective committee members in cases of absence or illness, thereby ensuring the continuity of committee functions. The rule applies to the members of the Central Committee and State Committees, extending its reach to any person appointed as a deputy. The regulation is made under the overarching authority of the National Security Act 1939-1940, thereby incorporating it within the national legislative framework. It does not specify exclusions or thresholds for the appointment of deputies, leaving such determinations to the discretion of the Minister. The regulation also does not explicitly extend or restrict its application through subordinate instruments, focusing solely on the appointment and function of deputies within the committees.

Key Provisions

The regulation introduces a new section (8a) into the National Security (Cargo Control) Regulations, allowing the Minister to appoint deputies for members of the Central Committee or State Committees. If a member is absent or ill, their appointed deputy can participate in meetings as if they were the member themselves (National Security (Cargo Control) Regulations, 1942, reg 8a). This provision aims to ensure that the functioning of these committees is not disrupted due to the unavailability of a member. Under this regulation, the Minister has the authority to appoint deputies for members of the Central Committee or State Committees. This appointment process is intended to maintain the operational continuity of these committees by providing a substitute who can act on behalf of an absent or ill member. The deputy is deemed to have the same rights and responsibilities as the member during the period of their absence or illness (National Security (Cargo Control) Regulations, 1942, reg 8a). The regulation imposes an obligation on the Minister to ensure that deputies are appointed for members of the Central Committee or State Committees when necessary. This includes making sure that the appointed deputy can effectively fulfill the duties of the member in their absence or illness. The regulation does not specify the criteria for selecting deputies or the process for their appointment, leaving it to the discretion of the Minister within the bounds of the regulation's intent. Breach of the requirements set out in this regulation, such as failing to appoint a deputy when necessary, could lead to disruptions in the functioning of the Central Committee or State Committees. However, the regulation does not explicitly outline specific offences, penalties, or consequences for non-compliance. It is implied that any failure to adhere to these provisions could potentially lead to administrative or legal repercussions, as the regulation aims to maintain the integrity and functionality of the committees involved in national security matters.