STATUTORY RULES.
1942. No. 275.
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 twenty-fifth day of June, 1942.
Deputy of the 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.†
Definition.
1. Regulation 4 of the National Security (Emergency Control) Regulations is amended by omitting the words “for the time being exercising any command in that part” and inserting in their stead the words “for the time being present in that part and having the operational command of the Military Forces in that part”.
Powers of Military authorities during emergency.
2. Regulation 5 of the National Security (Emergency Control) Regulations is amended by omitting the words “for the time being exercising any command in any part of Australia to which these Regulations apply” and inserting in their stead the words “for the time being present in any part of Australia to which these Regulations apply and having the operational command of the Military Forces serving in that part”.
* Notified in the Commonwealth Gazette on , 1942.
† Statutory Rules 1942, No. 64.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
4130.—Price 3d. 25/3.6.1942.
Overview
Statutory Rules 1942 No. 275, made under the National Security Act 1939-1940, was enacted to address the immediate need for streamlined military authority during an emergency situation. This legislative instrument was created in response to the heightened security concerns of the time, particularly during the Second World War. The Deputy of the Governor-General, acting on behalf of the Minister of State for Defence, made these regulations with the aim of providing clarity and specificity in the operational command structure of military forces within Australia. The primary objective was to ensure that military authorities had clear and unambiguous powers during emergencies, enhancing the effectiveness of national security measures. These regulations were intended to streamline the chain of command and clarify the scope of authority for military personnel in operational areas, thus facilitating a more efficient and responsive national security framework.
Scope and Application
The Statutory Rules of 1942, No. 275, issued under the National Security Act 1939-1940, amend the National Security (Emergency Control) Regulations to refine the operational command of military forces in Australia. These regulations apply to military authorities who are present and have operational command of the Military Forces in any part of Australia to which these Regulations apply. The amendment focuses on clarifying the command structure by specifying that the relevant military authorities must be both present and operationally commanding the forces in the designated area. This regulation underscores the importance of clear command and control during emergency situations and ensures that military authorities are explicitly defined in their scope of authority. The amendments do not specify any exclusions or exemptions but rather seek to refine the existing framework to enhance operational clarity and effectiveness.
Key Provisions
The main operative sections of these Regulations amend the definition of command presence within specific parts of Australia as outlined in the National Security (Emergency Control) Regulations (Regulation 4). Previously, the regulation referred to any individual exercising command in a part of Australia. This has been altered to refer to any person present in that part and having operational command of the Military Forces in that part (Regulation 4(1)). Furthermore, Regulation 5 is similarly amended to reflect this change, specifying that the power of military authorities during an emergency now applies to those present and having operational command of the Military Forces in the part of Australia in question (Regulation 5(1)). These amendments ensure clarity in the scope of authority and responsibility for military personnel during emergency situations.
The Regulations impose obligations on military authorities to exercise their powers and duties within the specific parameters outlined, ensuring that their actions are aligned with their presence and operational command status. The requirement that military authorities must be present in the area and have operational command before exercising their powers ensures that there is a direct and clear chain of command and accountability (Regulation 4(1) and 5(1)). This alignment is critical for maintaining order and effective governance during emergency situations.
Breaches of these Regulations may result in legal consequences, although the specific offences, penalties, and consequences are not detailed in the provided text. The National Security Act 1939-1940, under which these Regulations are made, would provide the broader legal framework within which any breaches would be addressed. This includes potential civil or criminal penalties, depending on the nature and severity of the breach, but exact penalties are not specified in these Regulations. The overarching intent is to maintain strict adherence to the defined command structure and operational roles to ensure effective national security measures during emergencies.