STATUTORY RULES.
1942. No. 481.
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REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.*
I, THE DEPUTY OF 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 thirtieth day of October, 1942.
WINSTON DUGAN
Deputy of the Governor-General.
By His Excellency’s Command,
H. V. EVATT
for and on behalf of the Minister of State for Defence.
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Amendments of the National Security (Contracts Adjustment) Regulations.†
Definition.
1. Regulation 3 of the National Security (Contracts Adjustment) Regulations is amended—
(a) by omitting from paragraph (b) of the definition of “tribunal” in sub-regulation (1.) the word “or” (last occurring); and
(b) by adding at the end of that definition the following paragraphs:—
“; (d) where the respondent does not reside or carry on business in any State or Territory, and the contract or agreement which is the subject-matter of the application relates to real or leasehold property in Australia— any court which would be a tribunal by virtue of any of the foregoing provisions of this definition, if the respondent resided or carried on business in that State or Territory; or
* Notified in the Commonwealth Gazette on 30th October, 1942.
† Statutory Rules 1942, No. 65, as amended by Statutory Rules 1942, Nos. 98, 162, 258 and 470.
7760.—Price 3d.
“(e) in any other case where the respondent does not so reside or carry on business—any court which would be a tribunal by virtue of any of the foregoing provisions of this definition if the respondent resided in the State or Territory in which the applicant resides.”.
Manner of making application.
2. Regulation 15 of the National Security (Contracts Adjustment) Regulations is amended by inserting after sub-regulation (3.) the following sub-regulation:—
“(3a.) Without prejudice to any other mode of service, where the respondent does not reside in Australia, and there is in Australia any attorney, agent or solicitor of the respondent with authority, on behalf of the respondent, to enforce any provision of the contract or agreement to which the application relates, or to sue for damages for the breach of any such provision, or to conduct proceedings for any such enforcement or recovery, or to deal with any property to which the contract or agreement relates, the true copy of the application and the declaration may be served on that person in like manner as service could be effected on the respondent if he resided where that person resides, and that service shall be deemed to be service on the respondent for the purposes of these Regulations.”.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules of 1942, No. 481, titled "Regulations Under the National Security Act 1939-1940," was enacted to amend the National Security (Contracts Adjustment) Regulations, reflecting the urgent need to adapt to the evolving circumstances of World War II. The regulations were issued by the Deputy of the Governor-General, Winston Dugan, with the advice of the Federal Executive Council and on behalf of the Minister of State for Defence, H. V. Evatt. The primary aim of these amendments was to address the logistical and jurisdictional challenges posed by the war, particularly concerning the enforcement of contracts and agreements related to national security. The policy objective was to ensure that the regulations could effectively accommodate cases where respondents did not reside or conduct business within Australian states or territories, thereby facilitating the enforcement of contracts related to Australian property or involving Australian applicants.
Scope and Application
The Statutory Rules 1942, No. 481 amends the National Security (Contracts Adjustment) Regulations, which fall under the National Security Act 1939-1940. These regulations apply to any person or entity involved in a contract or agreement that falls within the purview of the Act, particularly those contracts or agreements that pertain to real or leasehold property in Australia or are otherwise relevant to national security. The amendments expand the definition of "tribunal" to include any court in cases where the respondent does not reside or carry on business in any State or Territory, and the contract relates to property in Australia, or any court in the State or Territory where the applicant resides if the respondent does not reside or carry on business in Australia. The regulations apply across the Commonwealth of Australia and extend to any Australian attorney, agent, or solicitor of a non-resident respondent. These regulations may be further refined or extended through subordinate instruments, providing a flexible framework to address evolving national security concerns.
Key Provisions
The Regulations under the National Security Act 1939-1940 (referred to as the "Regulations") primarily concern amendments to the National Security (Contracts Adjustment) Regulations. Section 1 of the Regulations amends the definition of "tribunal" in Regulation 3. This definition is crucial as it outlines the jurisdiction for applications related to the adjustment of contracts under the National Security Act. Specifically, the amendment ensures that in cases where the respondent does not reside or carry on business in any State or Territory, and the contract pertains to property in Australia, any relevant court can serve as a tribunal. This broadens the scope of tribunals that can handle such applications, providing more flexibility and ensuring that justice can be administered even when the respondent is not physically present in Australia.
The Regulations also impose certain obligations on parties involved in the adjustment of contracts under the National Security Act. According to Section 2, if the respondent does not reside in Australia and there is an attorney, agent, or solicitor within Australia who has the authority to represent the respondent, the application and declaration can be served on this person. This service is deemed equivalent to serving the respondent directly. This provision ensures that the respondent is properly notified and has the opportunity to respond to the application, maintaining due process in the contract adjustment process.
Non-compliance with the provisions of these Regulations can lead to legal consequences. Although the specific offences and penalties are not detailed in the excerpt provided, it is understood that breaches of the National Security Act and its associated regulations can result in both civil and criminal penalties. Civil penalties may include fines or other monetary sanctions, while criminal penalties could involve imprisonment, depending on the severity and nature of the breach. The exact penalties would be determined in accordance with the broader legal framework established by the National Security Act 1939-1940 and any other relevant legislation.