STATUTORY RULES.
1941. No. 146.
––––––
REGULATION 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 regulation under the National Security Act 1939-1940.
Dated this twenty eighth day of June, 1941.
Governor-General.
By His Excellency’s Command,
for and on behalf of the Minister of
State for Defence Co-ordination.
Amendment of the National Security (Coal Control) Regulations.†
Regulation 5 of the National Security (Coal Control) Regulations is amended by adding at the end thereof the following sub-regulation:—
“(4.) If a member finds that he cannot conveniently attend any meeting or meetings he may apply to the Chairman for the appointment of a person nominated by him to act in his stead as a substitute, and the Chairman may, if he approves of the application, certify to the Minister accordingly, who, if in his discretion he thinks fit so to do, may appoint the substitute to act in lieu of the member at any meeting or meetings of the Board specified in the appointment, and, for the purpose of such meeting or meetings, the substitute shall, in the absence of the member, have the same powers, authorities and privileges as the member in whose stead he acts.”.
* Notified in the Commonwealth Gazette on , 1941.
† Statutory Rules 1941, No. 33.
By Authority: L.F. Johnston, Commonwealth Government Printer, Canberra.
3999.—20/26.6.1941.—Price 3d.
Overview
Statutory Rules 1941 No. 146, made under the National Security Act 1939-1940, was enacted to address the need for flexibility in meeting attendance within the framework of national security during a period of heightened concern, specifically related to coal control. This regulation was issued by the Governor-General in Council, acting on behalf of the Minister for Defence Co-ordination, to amend the existing National Security (Coal Control) Regulations. The policy objective behind this amendment is to ensure that the governance and decision-making processes within the Board can continue smoothly even in the absence of certain members, thereby maintaining the efficacy of national security measures. The regulation allows for the appointment of substitutes to act on behalf of members who cannot attend meetings, ensuring that the Board’s functions are not hindered by the unavailability of individual members.
Scope and Application
The regulation made under the National Security Act 1939-1940 pertains to amendments in the National Security (Coal Control) Regulations. Specifically, the regulation modifies Regulation 5 to allow for the appointment of substitutes for members who are unable to attend meetings. This ensures continuity in the operations of the Board by enabling nominated substitutes to exercise the same powers, authorities, and privileges as the absent member. The amendment facilitates effective management and decision-making within the framework of national security measures concerning coal control. The regulation operates within the Commonwealth jurisdiction and applies to individuals and entities involved in coal control under the oversight of the Minister of State for Defence Co-ordination. It does not explicitly state exclusions, exemptions, or thresholds, but it is understood that the regulation is designed to maintain operational efficiency in the context of national security. The regulation can be further extended or modified through subsequent subordinate instruments as needed to adapt to changing circumstances.
Key Provisions
The regulation under the National Security Act 1939-1940 primarily modifies the National Security (Coal Control) Regulations. Specifically, it introduces a new sub-regulation to Regulation 5 (subsection 4). This amendment allows a member who cannot attend a meeting to apply to the Chairman for a substitute. If the Chairman approves the application, the Minister may appoint the nominated substitute to act in place of the member at specified meetings, granting them the same powers and privileges as the member. This change aims to ensure that meetings can proceed smoothly even in the absence of a member.
Under this Act, the obligations of the parties involved are clearly defined. Members who are unable to attend a meeting must apply to the Chairman for a substitute. The Chairman is required to assess the application and approve it if deemed appropriate. The Minister, upon approval, has the authority to appoint a substitute to act on behalf of the member. This process ensures that the governance and decision-making processes within the Board are not disrupted due to the absence of a member.
Non-compliance with the provisions of this regulation could lead to procedural inefficiencies or disruptions in the Board's operations. While the regulation does not explicitly state penalties for breach, any failure to follow the outlined process could potentially result in invalidating decisions made during the meetings or other administrative consequences as deemed appropriate by the Minister. The importance of adhering to these procedures cannot be overstated, as they are integral to maintaining the effectiveness and legitimacy of the Board's operations.