National Security (General) Regulations (Amendment)

Overview

Statutory Rules 1942, No. 266, made under the National Security Act 1939-1940, was enacted to address security concerns surrounding the use of fishing vessels and small craft in Australian waters during World War II. This regulation was made by the Deputy of the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council. The regulations were introduced to ensure that only authorised individuals could be on fishing vessels or small craft in Australian waters, thereby enhancing national security by controlling and monitoring maritime activities that could potentially be exploited for enemy purposes. The policy objective was to prevent unauthorised access to these watercraft, thereby maintaining the security of Australian waters during wartime.

Scope and Application

The Statutory Rules of 1942, No. 266, amend the National Security (General) Regulations to impose new requirements on individuals and entities wishing to be in or enter fishing vessels or other small craft in Australian waters. Specifically, the regulation stipulates that a person must hold a permit to be on or in any fishing vessel or small craft within Australian waters, with certain exceptions. The permit can be issued by the Assistant Secretary, Department of Commerce (Marine), the Deputy Director of Lighthouses and Navigation in any state, or any Commonwealth officer, police officer or constable authorised in writing by one of these officers. The permit holder must comply with all conditions specified in the permit and is required to return it if revoked. The regulation does not apply to authorised passengers on licensed vessels, seamen holding a current permit, or persons subject to the Aliens Restriction (Fishing Vessels and Other Small Craft) Order. The amendment took effect from the first day of July, 1942.

Key Provisions

The main operative section of the Regulations under the National Security Act 1939-1940 (section 1) introduces a new regulation, 7c, which requires a permit for persons to be in any fishing vessel or other small craft in Australian waters. Regulation 7c(1) states that a person must not enter or be in such vessels without a permit issued in accordance with the regulation. Regulation 7c(2) specifies that the permit can be issued by the Assistant Secretary, Department of Commerce (Marine), the Deputy Director of Lighthouses and Navigation in any state, or any Commonwealth officer, police officer, or constable authorised in writing by one of those officers. Regulation 7c(3) mandates that permit holders must comply with all conditions of the permit and return it upon revocation. Regulation 7c(4) requires officers to provide an opportunity for the applicant or permit holder to present their case before refusing an application or revoking a permit. Regulation 7c(5) lists exceptions to the permit requirement, including authorised passengers on vessels with regular schedules, seamen with a current permit under regulation 7a, and persons subject to the Aliens Restriction (Fishing Vessels and other Small Craft) Order. The Regulations impose several obligations on parties and entities governed by them. Firstly, any person who wishes to enter or be in a fishing vessel or other small craft in Australian waters must obtain a permit as specified in regulation 7c(1). Secondly, permit holders must adhere to all conditions outlined in their permit, as stated in regulation 7c(3)(a). Thirdly, if a permit is revoked, the holder must return it to the officer who revoked it, as per regulation 7c(3)(b). Fourthly, officers who issue permits are required to provide an opportunity for the applicant or permit holder to present their case before refusing an application or revoking a permit, as stipulated in regulation 7c(4). Violation of the permit requirement under regulation 7c(1) could result in various civil and criminal consequences. Although the specific penalties are not detailed in the provided text, under the National Security Act 1939-1940, breaches of regulations made under the act can lead to fines, imprisonment, or both. The exact penalties would depend on the nature and severity of the breach, as well as any additional provisions outlined in the primary act or other related legislation.