National Security (Economic Organization) Regulations (Amendment)

Overview

Statutory Rules 1945, No. 116, made under the National Security Act 1939-1943, were enacted to address the need for post-war resettlement of former Defence Force members. This regulation, made by the Governor-General in accordance with the advice of the Federal Executive Council, amends the National Security (Economic Organization) Regulations by introducing provisions that facilitate the settlement of ex-servicemen and women on designated rural lands. The primary objective of this regulation is to ensure that land suitable for agricultural or pastoral purposes is reserved for resettlement by former members of the Defence Force, thereby aiding in their transition to civilian life and contributing to the development of rural areas post-war. This initiative underscores the policy objective of providing support and opportunities for veterans in their return to civilian society.

Scope and Application

The amendment to the National Security (Economic Organization) Regulations, as introduced by Statutory Rules 1945, No. 116, is aimed at facilitating the settlement of former members of the Defence Force on suitable country land. This regulation applies to the appropriate Minister, who is defined as a Minister of State for a particular jurisdiction depending on where the land is located, and the Treasurer, who must withhold consent for land applications that are intended for settlement by former Defence Force members if deemed necessary. The regulation's geographic reach extends across various territories, including states, the Australian Capital Territory, the Northern Territory, and the Territories of Papua and New Guinea. It encompasses land used for agricultural, pastoral, horticultural, and other specified farming purposes. The regulation does not explicitly outline exclusions or thresholds but rather leaves the determination of suitability to the appropriate Minister, who must consult with the relevant authorities before making a declaration. The regulation is further enforceable through subordinate instruments that may be issued by the appropriate Minister to specify the exact details of land suitable for settlement.

Key Provisions

The main operative section of this regulation is regulation 6a, which allows the appropriate Minister to declare certain country land suitable for settlement by former members of the Defence Force. This is done by an order published in the Gazette (6a(1)). Once such an order is in place, the Treasurer must not grant consent to any application under the previous regulation (regulation 6) relating to the specified land if satisfied, after consulting with the appropriate Minister, that the land is likely to be required for settlement by former Defence Force members (6a(2)). The regulation defines "country land" as land used for agricultural, pastoral, horticultural, viticultural, apicultural, dairy farming, poultry farming, or other similar purposes (6a(3)). Additionally, it clarifies who the "appropriate Minister" is, depending on the location of the land in question (6a(4)). The obligations imposed by this regulation primarily concern the appropriate Minister and the Treasurer. The appropriate Minister is empowered to declare specific land suitable for settlement by former Defence Force members through an order published in the Gazette. This declaration must be made in good faith and based on the land's suitability for the intended purpose. The Treasurer, on the other hand, is required to consult with the appropriate Minister before granting consent to any application relating to the specified land. If the Treasurer is satisfied that the land is likely to be required for settlement by former Defence Force members, they must withhold consent. The regulation does not explicitly state any offences, penalties, or consequences for breach. However, non-compliance by the appropriate Minister in making declarations or by the Treasurer in withholding consent could potentially lead to legal challenges or administrative reviews. There are no stated maximum penalties in the regulation itself, but any breach might result in legal consequences depending on the broader legal framework governing such declarations and consents.