National Security (General) Regulations (Amendment)

Overview

Statutory Rules 1941 No. 40, made under the National Security Act 1939–1940, amends the National Security (General) Regulations to address gaps in the continuity of advisory committees during periods of illness, absence, or incapacity of the chairman or members. Enacted by the Governor-General with the advice of the Federal Executive Council, the regulation aims to ensure that the functions of these advisory committees are not hindered by the unavailability of their key members. The regulation allows the Minister to appoint interim replacements for the chairman or any other member of an advisory committee, granting them the same powers and duties as the original office holders during their incapacity. This measure is intended to maintain the effective operation of the advisory committees in times of critical national security concern.

Scope and Application

The regulation, made under the National Security Act 1939–1940, provides for the appointment of acting chairmen and members for advisory committees in circumstances where the regular chairman or members are unable to perform their duties. Specifically, the Minister is empowered to appoint a person who holds or has held the office of Justice or Judge of a Federal Court or the office of Justice or Judge or of Acting Justice or Acting Judge of a State or Territory of the Commonwealth, to act as chairman of an advisory committee in the event of the chairman's illness, absence, or inability to act. Similarly, the Minister may appoint a person to act in place of any other member of the advisory committee under the same conditions of illness, absence, or inability to act. These appointees are granted the same duties, powers, and functions as the original office holders during their tenure as acting chairmen or members. This regulatory amendment extends the scope of the existing National Security (General) Regulations to ensure continuity and effectiveness in the advisory committees' operations, thereby supporting national security efforts during a critical period.

Key Provisions

The main operative sections of these Regulations pertain to the appointment of individuals to act as the chairman or members of an advisory committee under the National Security (General) Regulations. Specifically, Regulation 26 is amended by inserting new sub-regulations (2a), (2b), and (2c). Sub-regulation (2a) allows the Minister to appoint a person who has held the office of Justice or Judge of a Federal Court or of a State or Territory to serve as the acting chairman of an advisory committee during the chairman’s illness, absence, or inability to act due to any cause. Sub-regulation (2b) similarly empowers the Minister to appoint a person to act in place of any member of an advisory committee under similar conditions. Sub-regulation (2c) clarifies that the appointed acting chairman or member shall have and may exercise all the duties, powers, and functions of the chairman or member during their absence or inability to act. These Regulations impose specific obligations on the Minister, who is tasked with appointing suitable individuals to fill these roles during periods when the regular chairman or members are unable to perform their duties. The Minister must ensure that the appointed individuals are qualified and capable of performing the required functions effectively. Additionally, these Regulations require the appointed acting chairman or members to discharge their duties diligently and in accordance with the provisions of the Regulations and any relevant rules. This includes exercising all the powers and functions of the chairman or member during their absence or inability to act. Failure to comply with these Regulations can result in significant consequences. Although the specific penalties are not detailed within these Regulations, it is important to note that breaches of the National Security (General) Regulations, as amended by these provisions, may lead to both civil and criminal penalties. The exact nature and severity of these penalties would be determined by the broader context of the National Security Act 1939–1940 and any subsequent legislation or regulations. Generally, breaches could result in fines, imprisonment, or other legal consequences, depending on the specific circumstances and the discretion of the court.