STATUTORY RULES.
1942. No. 430.
REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.*
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 1939-1940.
Dated this seventh day of October, 1942.
Governor-General.
By His Excellency’s Command,
for and on behalf of the Minister of State for Defence.
Amendments of National Security (Emergency Control) Regulations.†
1. Regulation 4 of the National Security (Emergency Control) Regulations is repealed and the following regulation inserted in its stead:—
Definition.
“4. In these Regulations, unless the contrary intention appears—
‘authorized person’, in relation to any part of Australia to which these Regulations apply or any area thereof, means a person appointed by the Commander-in-Chief of the Australian Military Forces to be an authorized person for the purposes of these Regulations or, in the absence of any such appointment, by the senior officer of the Military Forces for the time being present in that part and having the operational command of the Military Forces in that part in respect of that part or area, as the case may be.”.
Powers of military authorities during emergency.
2. Regulation 5 of the National Security (Emergency Control) Regulations is amended—
(a) by inserting in sub-regulation (1.), before the words “The senior officer”, the words “The Commander-in-Chief, Australian Military Forces,”;
(b) by inserting in that sub-regulation, after the word “part” (third occurring), the words “or any area thereof”;
(c) by inserting in that sub-regulation, after the word “part” (fourth and fifth occurring), the words “or area”; and
(d) by inserting in sub-regulations (2.) and (3.), before the words “the senior officer” (wherever occurring), the words “the Commander-in-Chief,”.
* Notified in the Commonwealth Gazette on , 1942.
† Statutory Rules 1942, No. 64, as amended by Statutory Rules 1942, No. 275.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
6583.—Price 3d. 25/18.9.1942.
Overview
The Statutory Rules 1942, No. 430, made under the National Security Act 1939-1940, were enacted to address the need for updated regulations during a period of national emergency, specifically during the Second World War. The Regulations were made by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council. The policy objective of these Regulations was to provide the necessary powers to military authorities to ensure national security and emergency control in response to the heightened threat environment. The Regulations amended the National Security (Emergency Control) Regulations, including the definition of 'authorized person' and the powers of military authorities during emergencies, thereby reinforcing the capacity of military forces to act decisively in safeguarding the nation during critical times.
Scope and Application
The Statutory Rules 1942 No. 430, Regulations under the National Security Act 1939-1940, pertain to the delegation of authority and powers to military personnel during a declared emergency within Australia. These Regulations apply to any part of Australia as designated by the Commander-in-Chief of the Australian Military Forces or the senior officer present and in command in a specific area. The Act applies to persons appointed as authorized individuals by these military figures for the enforcement of emergency regulations. Notably, the Regulations extend to any part or area of Australia as defined by these military authorities, thereby encompassing a wide geographic reach across the Commonwealth. The Regulations provide clarity on the definition of an "authorized person" and the powers that such individuals may exercise, specifying that these powers are vested in the Commander-in-Chief or the relevant senior officer in the absence of a direct appointment. This legislative instrument ensures that the necessary emergency measures can be swiftly implemented and enforced across the nation as required.
Key Provisions
The key provisions of these regulations, as outlined in the Statutory Rules 1942, No. 430, primarily pertain to the National Security (Emergency Control) Regulations. The main operative sections involve redefining the term ‘authorized person’ in Regulation 4, and amending Regulation 5 to clarify the powers of military authorities during an emergency (Reg. 1 and 2). Regulation 4 specifies that an ‘authorized person’ is one who has been appointed by the Commander-in-Chief of the Australian Military Forces, or in their absence, by the senior officer present and in command in a specific part or area of Australia (Reg. 4). Regulation 5 further delineates that the Commander-in-Chief, Australian Military Forces, has certain powers during an emergency, which are now explicitly extended to any area within the parts of Australia covered by these regulations (Reg. 2).
The obligations imposed by these regulations are primarily on the military authorities, requiring them to appoint authorized persons and to exercise their emergency powers as defined. These military authorities must ensure that the powers granted to them and their appointed authorized persons are used strictly in accordance with the national security objectives during an emergency (Reg. 4 and 5). They are also responsible for making clear and timely appointments to ensure that there is no ambiguity or delay in the enforcement of emergency regulations.
The regulations do not explicitly outline specific offences or penalties for breach, but it can be inferred that any misuse or improper exercise of the powers granted by these regulations could lead to legal consequences. Given the context of national security during an emergency, breaches could potentially result in serious civil or criminal penalties, as the misuse of such powers could endanger public safety and national security. The severity of penalties would likely be commensurate with the gravity of the breach, reflecting the critical nature of the powers being exercised under these regulations.