National Security (Civil Defence Volunteers' Compensation) Regulations (Amendment)

Overview

The Statutory Rules 1942 No. 91, enacted under the National Security Act 1939-1940, addresses the problem of unauthorised enemy raids precautions organisations during a period of national security concern. The regulation was introduced to prevent the formation and operation of such organisations without the explicit approval of the Minister, aiming to maintain control over activities that could be perceived as threats to national security. This legislative instrument was enacted by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council. The policy objective behind these regulations is to ensure that any measures taken for enemy raids precautions are coordinated and approved by the government, thereby maintaining public safety and security during wartime.

Scope and Application

This statutory rule, made under the National Security Act 1939-1940, amends the National Security (Civil Defence Volunteers’ Compensation) Regulations to prohibit the formation or operation of organisations aimed at taking measures for enemy raids precautions without the approval of the Minister. This prohibition extends to using specific terms or acronyms that imply involvement in enemy raids precautions, as well as any terms declared by the Minister as prohibited. The rule applies to any person involved in such activities and organisations that were formed before the regulation's commencement and not approved by the Minister. Notably, the regulation does not apply to organisations that are primarily composed of employees of Commonwealth or State businesses or undertakings, or those formed in relation to any Commonwealth or State instrumentality, company, firm, or person. The rule has a national jurisdictional reach, applying across the Commonwealth of Australia, and its scope is further extended or restricted through subordinate instruments as declared by the Minister.

Key Provisions

The main operative sections of this regulation (6a) address the formation and activities of organisations focused on enemy raids precautions. Section 6a(1) prohibits the formation of any organisation with the aim of taking measures for enemy raids precautions without the Minister’s approval. Section 6a(2) states that members of organisations formed before the regulation’s commencement and not approved by the Minister must not take any measures for enemy raids precautions. Section 6a(3) extends this prohibition to the use or assumption of specific terms or acronyms that might imply an organisation’s purpose is related to enemy raids precautions. Section 6a(4) provides an exemption for certain organisations that are primarily composed of Commonwealth or State employees and formed in relation to their business or undertaking. Lastly, section 6a(5) defines 'enemy raids precautions' as the protection of persons and property against war-like attacks and their consequences. The regulation imposes several obligations and requirements on individuals and organisations. Firstly, it mandates that any organisation intended to take measures for enemy raids precautions must obtain approval from the Minister. Secondly, individuals involved in organisations that were formed before the regulation and not approved must refrain from participating in any activities related to enemy raids precautions. Additionally, these organisations and their members are prohibited from using specific terms or acronyms that could imply their involvement in enemy raids precautions. The regulation also requires vigilance in the language used by organisations to ensure compliance with these provisions. Failure to comply with this regulation can result in civil or criminal consequences. While the specific penalties are not detailed in the regulation, the National Security Act 1939-1940 under which this regulation is made, typically includes provisions for fines and imprisonment. The severity of penalties can vary based on the nature and extent of the breach, and the courts have the discretion to impose appropriate sanctions in line with the relevant provisions of the Act. Non-compliance with the regulation’s provisions could thus lead to significant legal repercussions for individuals and organisations found to be in breach.