STATUTORY RULES.
1943. No. 317.
REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1943.*
I, 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 1939-1943.
Dated this thirty-first day of December, 1943.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
for and on behalf of the Minister of State for Defence.
Amendments of the National Security (Contracts Adjustment) Regulations.†
Definitions.
1. Regulation 3 of the National Security (Contracts Adjustment) Regulations is amended—
(a) by inserting in sub-paragraph (i) of paragraph (a) of the definition of “tribunal”, after the words “constituted by”, the words “a Judge or”; and
(b) by adding at the end thereof the following sub-regulation:—
“(4.) A tribunal shall have jurisdiction under these Regulations notwithstanding any limitation of its jurisdiction otherwise than under these Regulations, whether the limitation is as to location, subject-matter or otherwise.”.
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.) Notwithstanding the provisions of the last preceding sub-regulation, where the matter at issue does not exceed in value Ten pounds, the true copy of the application and statutory declaration may be served on the respondent by posting them in a registered letter addressed to the respondent at his last known place of business or abode.”.
* Notified in the Commonwealth Gazette on , 1943.
† Statutory Rules 1942, No. 65, as amended by Statutory Rules 1942, Nos. 98, 162, 258, 470 and 481.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
6716.—Price 3d. 45/25.11.1943.
Overview
The Statutory Rules 1943 No. 317, Regulations Under the National Security Act 1939-1943, were enacted by the Governor-General of Australia, acting on the advice of the Federal Executive Council. These Regulations were introduced to further refine the National Security (Contracts Adjustment) Regulations in response to the exigencies of World War II, ensuring that the provisions governing contracts and tribunals were adequately adapted to the wartime context. The objective was to streamline and enhance the efficiency of the processes related to the adjustment of contracts under the prevailing national security framework, thereby addressing any gaps that had arisen due to the rapid escalation of wartime demands and the need for swift legal adjustments.
Scope and Application
These Regulations, made under the National Security Act 1939-1943, serve to amend the National Security (Contracts Adjustment) Regulations, impacting various entities and individuals engaged in activities that could affect national security. The Regulations primarily apply to contractors and those involved in contracts that may be subject to adjustment due to national security concerns. The jurisdictional reach of these Regulations is national, applying across the Commonwealth of Australia. They extend to any tribunals involved in adjudicating matters under the National Security Act, irrespective of any prior limitations on their jurisdiction. Additionally, the Regulations provide a streamlined process for submitting applications in cases where the value of the matter at issue does not exceed ten pounds, allowing for the service of the application and statutory declaration via registered mail. This amendment provides flexibility in the application process, particularly for smaller-scale issues. The Regulations are designed to ensure that the administration of contracts adjustments is efficient and responsive to the needs of national security.
Key Provisions
The Regulations under the National Security Act 1939-1943 (C1943L00317) primarily amend the National Security (Contracts Adjustment) Regulations. The amendments are detailed in two main sections. Firstly, the definition of "tribunal" under regulation 3 is expanded to include a Judge, and it is clarified that a tribunal has jurisdiction under these Regulations regardless of any limitations that might apply otherwise (regulation 3(4)). Secondly, a new sub-regulation is inserted into regulation 15 concerning the manner of making an application. Specifically, if the value of the matter at issue does not exceed ten pounds, the applicant may serve the true copy of the application and statutory declaration on the respondent by posting them in a registered letter to the respondent’s last known place of business or abode (regulation 15(3a)).
These Regulations impose certain obligations on parties and entities subject to the National Security (Contracts Adjustment) Regulations. For instance, when applying to a tribunal for contract adjustment, applicants must now include a statutory declaration as part of their application. Additionally, if the value of the matter at issue is ten pounds or less, the application and statutory declaration can be served by post, provided they are sent via registered mail to the respondent’s last known address. The tribunal, defined to now include a Judge, must consider such applications regardless of any other jurisdictional limitations.
Violations or non-compliance with these Regulations can lead to various consequences. Although the specific offences and penalties are not detailed in the excerpt, it is clear that adherence to the prescribed procedures for making applications is mandatory. Failure to comply with these requirements could potentially lead to the application being dismissed or other legal repercussions, as stipulated by the overarching National Security Act 1939-1943. The exact nature and extent of penalties for non-compliance would be governed by the broader legal framework established by the principal Act.