STATUTORY RULES.
1945. No. 71.
REGULATION 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 Regulation under the National Security Act 1939–1943.
Dated this nineteenth day of May, 1945.
HENRY
Governor-General.
By His Royal Highness’s Command,
E. J. HOLLOWAY
for and on behalf of the Minister of State for Defence.
Amendment of the National Security (Economic Organization) Regulations, †
Altered rates permissible in certain cases.
Regulation 18 of the National Security (Economic Organization) Regulations is amended by adding at the end thereof the following sub-regulations:—
“(9.) In the event of the absence of the Chief Judge of the Court from the Commonwealth, or his inability to perform the duties of his office, any reference in this regulation to the Chief Judge shall, during the absence or inability, be read as a reference to the senior Judge of the Court in the Commonwealth, and any statement submitted to the Chief Judge under this regulation, during that absence or inability of the Chief Judge, may be dealt with by the senior Judge.
“(10.) For the purposes of this regulation, the Judges of the Court shall be deemed to have seniority according to the dates of their commissions.”.
* Notified in the Commonwealth Gazette on 19th May, 1945.
† Statutory Rules 1942, No. 76, as amended by Statutory Rules 1942, Nos. 81, 110, 127, 145, 160, 218, 221, 224, 248, 257, 293, 318, 332, 344, 425, 458, 490, 537 and 539; 1943, Nos. 21, 60, 76, 142, 190 and 278; 1944, Nos. 52, 83, 99 and 148; and 1945, Nos. 11, 14 and 45.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
2759.—Price 3d.
Overview
Statutory Rules 1945, No. 71, made under the National Security Act 1939–1943, were introduced to address the need for continuity in judicial functions during times when the Chief Judge of the Court might be absent or unable to perform their duties. Enacted by the Governor-General in Council, this legislation aimed to ensure that economic regulation under the National Security Act would not be disrupted due to the absence of the Chief Judge. The primary policy objective was to maintain the stability and efficiency of judicial processes in times of potential disruption, by establishing that the senior Judge would assume the responsibilities of the Chief Judge in such circumstances. The regulation also clarifies the method of determining seniority among Judges to avoid any ambiguity in succession.
Scope and Application
The Statutory Rules 1945, No. 71, which are regulations under the National Security Act 1939–1943, extend to the entire Commonwealth of Australia and apply to the economic organisation as defined by the Act. This includes specific industries, entities, and transactions that are deemed to be within the scope of national security. The regulations are designed to alter rates permissible in certain cases, providing flexibility in economic regulation during times of national security concern. The rules also stipulate that in the absence or incapacity of the Chief Judge of the Court, the senior Judge will assume the duties and responsibilities outlined in the regulation. This includes the authority to handle any statements that would normally be submitted to the Chief Judge. The seniority of the Judges is determined by the dates of their commissions.
These regulations amend existing National Security (Economic Organization) Regulations, which were previously established and amended through various statutory rules over the years. The amendments are meant to provide a more streamlined and responsive economic regulation framework under the overarching National Security Act. There are no specific exclusions, exemptions, or thresholds mentioned in the text, suggesting that the application is broad and intended to cover a wide array of economic activities within the national security context. The regulations are an example of how subordinate instruments can extend or clarify the application of the primary Act, thereby ensuring that the economic measures align with national security imperatives.
Key Provisions
The Statutory Rules 1945, No. 71, made under the National Security Act 1939-1943, introduce amendments to the National Security (Economic Organization) Regulations. Specifically, Regulation 18 is amended by adding two sub-regulations. Sub-regulation (9) addresses the scenario where the Chief Judge of the Court is absent or unable to perform their duties. In such cases, references to the Chief Judge will be interpreted as references to the senior Judge of the Court, and any statements submitted to the Chief Judge can be dealt with by the senior Judge. Sub-regulation (10) clarifies that the seniority of the Judges of the Court is determined by the dates of their commissions.
The primary obligations imposed by this regulation concern the handling of duties and responsibilities in the absence or incapacity of the Chief Judge. It ensures that the Court's operations are not disrupted and that decisions and submissions are managed by the most senior Judge available. This amendment highlights the importance of maintaining the continuity of judicial functions, particularly in times of national security and emergency.
The regulation does not explicitly state any offences, penalties, or consequences for non-compliance. However, the importance of adhering to the provisions of the National Security Act and its associated regulations implies that failure to comply could result in legal consequences. Such consequences might include sanctions under the overarching legislation or other relevant laws, although specific penalties are not detailed in this particular regulation. It is essential for the relevant parties to ensure that the provisions are followed to avoid any potential legal ramifications.