National Security (Commonwealth War Housing Trust) Regulations (Amendment)

Legislation au C1944L00105 Regulations Not in force Legislative Instrument

Legislation content

Statutory Rules 1944, No. 105.(z)

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Definitions.

1. Regulation 4 of the National Security (Commonwealth War Housing Trust) Regulations is amended by omitting the definition of “member of the Trust”.

Membership of Trust.

2. Regulation 7 of the National Security (Commonwealth War Housing Trust) Regulations is amended by omitting paragraph (c) of sub-regulation (1.) and inserting in its stead the following paragraph:—

“(c) the Director, who shall be the Executive Member of the Trust.”.

 

(z) Made under the National Security Act 1939-1943 on 14th July, 1944: notified in the Gazette on 17th July, 1944.

 

Meetings of Trust.

3. Regulation 12 of the National Security (Commonwealth War Housing Trust) Regulations is amended by omitting sub-regulation (3.) and inserting in its stead the following sub-regulation:—

“(3.) The Secretary may nominate a person to represent him at any meeting of the Trust which the Secretary is unable to attend and that person shall have and may exercise at that meeting all the powers and functions of a member of the Trust.”.

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Overview

The Statutory Rules 1944, No. 105, made under the National Security Act 1939-1943 on 14th July 1944, was introduced to amend the National Security (Commonwealth War Housing Trust) Regulations. This legislative instrument was enacted to address specific administrative and operational needs of the Commonwealth War Housing Trust during the Second World War, particularly in relation to the Trust’s membership and the delegation of authority in the Trust's meetings. The changes were designed to streamline the Trust's operations by clarifying the roles and responsibilities of its members and the Secretary. The policy objective of these amendments was to ensure effective and efficient governance and administration of the Trust, thereby facilitating the provision of adequate housing for war-related purposes.

Scope and Application

The National Security (Commonwealth War Housing Trust) Regulations, as amended by Statutory Rules 1944, No. 105, pertain to the Commonwealth War Housing Trust and its operations within the framework established by the National Security Act 1939-1943. This legislative instrument applies specifically to the members of the Trust and their roles, as well as the processes governing meetings of the Trust. It outlines the amendments to the existing regulations concerning the Trust’s membership and the capacity in which the Secretary can delegate their powers. The amendments clarify the Executive Member's role, specifically designating the Director as the Executive Member of the Trust, and establish the conditions under which the Secretary may delegate their attendance and authority at Trust meetings to another representative. This legislative update ensures that the Trust can continue to operate efficiently and effectively, even in the absence of the Secretary, while maintaining the integrity and governance of the Trust's activities.

Key Provisions

The main operative sections of this legislative instrument, Statutory Rules 1944, No. 105, involve specific amendments to the National Security (Commonwealth War Housing Trust) Regulations. Section 1 removes the definition of "member of the Trust" from Regulation 4, while Section 2 amends Regulation 7 by changing the role of the Executive Member of the Trust to be the Director, rather than the previously designated role. Section 3 modifies Regulation 12 by allowing the Secretary to nominate a representative to attend Trust meetings in their stead, granting this representative full member powers during the meeting. These amendments impose several obligations on the parties involved. Firstly, with the removal of the "member of the Trust" definition in Regulation 4, it is now necessary to rely on the broader interpretation of the role and responsibilities of Trust members as outlined in other provisions of the Regulations or the Act itself. Secondly, by designating the Director as the Executive Member of the Trust in Regulation 7, this individual now assumes a leadership role within the Trust, with responsibilities and authority commensurate with this position. Lastly, the amendment to Regulation 12 allows for flexibility in Trust meetings, ensuring continuity of business when the Secretary is unable to attend. The legislative instrument does not explicitly state any offences, penalties, or consequences for breach. However, breaches of the National Security (Commonwealth War Housing Trust) Regulations or the National Security Act 1939-1943 could potentially result in civil or criminal penalties. Such penalties may include fines, imprisonment, or both, depending on the severity of the breach and the specific provisions of the Act or Regulations that have been contravened. It is essential for parties governed by this legislation to ensure compliance with all relevant provisions to avoid potential legal repercussions.

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National Security Law
Instrument
Legislative Instrument
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Definitions & Interpretation
Delegation & Subordinate Legislation
Repeal & Amendment

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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.