National Security (General) Regulations (Amendment)

Legislation au C1941L00274 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1941. No. 274.

 

REGULATION 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 Regulation under the National Security Act 1939-1940.

Dated this twenty sixth day of November, 1941.

Governor-General.

By His Excellencys Command,

for and on behalf of the

Minister of State for Defence Co-ordination.

———

Amendment of the National Security (General) Regulations.

After regulation 13a of the National Security (General) Regulations the following regulation is inserted:—

Destruction of telegrams.

13b. Notwithstanding the provisions of section 64 of the Post and Telegraph Act 1901-1934 and Article 98 of the Telegraph Regulations annexed to the International Telecommunication Convention, any person having the custody or control of any records in relation to telegrams which have been transmitted (including the originals of the telegrams) shall destroy them as follows:—

(a) In the case of Commonwealth telegrams—

(i) the originals thereof—upon the expiration of three months after the date of lodgment; and

(ii) any copies thereof (including received telegraph tape records of the telegrams)—upon the expiration of one month after the date of lodgment;

(b) In the case of international telegrams—

(i) the originals thereof—upon the expiration of three months after the date of lodgment;

* Notified in the Commonwealth Gazette on      , 1941

† Statutory Rules 1939, No. 87, as amended by Statutory Rules 1939, Nos. 103, 174, and 177; and 1940, Nos. 8, 32, 44, 45, 67, 71, 91, 93, 113, 118, 119, 120, 127, 191, 243, 246, 261, 262, 263, 264 and 270; 1941, Nos. 2, 8, 9, 40, 69, 112, 116, 125, 171, 174, 179, 208 and 248.

6598.—19/3.11.1941.—Price 3d.


(ii) where a telegraph tape record and a corresponding message record exists in any telegraph office, the telegraph tape record—upon the expiration of fourteen days after the date of lodgment; and

(iii) other copies—upon the expiration of three months after the date of lodgment or as soon as the relative accounts are settled and any statistical work in connexion therewith is completed in accordance with the requirements of the International Telecommunication Convention and the Regulations thereunder, whichever is the earlier; and

(c) In any case in which the Postmaster-General by order requires that all such records be destroyed as are in existence at the date the order is made—forthwith on the making of any such order..

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1941 No. 274, made under the National Security Act 1939-1940, was introduced by the Governor-General in Council to address the need for stringent measures regarding the retention and destruction of telegram records during a period of national security concern. The regulation specifically targets the destruction of telegrams and their records, overriding certain provisions of the Post and Telegraph Act 1901-1934 and the Telegraph Regulations of the International Telecommunication Convention. This was enacted to ensure that sensitive information did not linger unnecessarily, thereby protecting national security interests. The regulation inserted into the National Security (General) Regulations mandates the destruction of telegram records within specific timeframes depending on whether they are Commonwealth or international telegrams, or if they involve telegraph tape records and message records. This measure was implemented by the Commonwealth Government Printer on behalf of the Minister of State for Defence Co-ordination.

Scope and Application

This statutory rule, made under the National Security Act 1939-1940, imposes stringent requirements on the destruction of telegram records held by any person responsible for their custody or control. The regulation specifically applies to both Commonwealth and international telegrams, mandating different destruction timelines for various types of telegram records. For Commonwealth telegrams, the originals must be destroyed three months after lodgment, while copies and received telegraph tape records must be destroyed within one month. International telegrams follow similar timelines, with originals destroyed after three months, telegraph tape records within fourteen days, and other copies within three months or upon settlement of related accounts and completion of statistical work, whichever occurs first. The regulation overrides existing provisions in the Post and Telegraph Act 1901-1934 and the Telegraph Regulations of the International Telecommunication Convention, and it can be further enforced by the Postmaster-General's orders for immediate destruction of all existing records. The regulation applies nationally, reflecting the Commonwealth's authority over national security matters.

Key Provisions

This legislative instrument amends the National Security (General) Regulations to introduce specific provisions regarding the destruction of telegram records. Under regulation 13b, any person in custody of telegram records, including originals and copies, must destroy them within certain timeframes. For Commonwealth telegrams, the originals must be destroyed three months after the date of lodgment, while any copies, including received telegraph tape records, must be destroyed one month after lodgment. International telegrams follow a similar pattern, with originals to be destroyed three months after lodgment and other copies destroyed within three months or upon completion of relevant accounts and statistical work, whichever is earlier. Telegraph tape records corresponding to message records must be destroyed within fourteen days. If the Postmaster-General orders the destruction of all such records, they must be destroyed immediately upon the order. The obligations imposed by this regulation are clear and straightforward. Persons or entities responsible for the custody or control of telegram records must adhere to the specified timeframes for destruction. This includes ensuring that original telegrams, copies, and telegraph tape records are destroyed within the stipulated periods. If the Postmaster-General issues an order for immediate destruction, the records must be destroyed without delay. Compliance with these regulations is essential to maintain the security and confidentiality of telegram communications, as intended by the National Security Act 1939-1940. Failure to comply with the destruction requirements outlined in regulation 13b may result in legal consequences. While the specific penalties for non-compliance are not detailed in the regulation, breaches of similar national security regulations can lead to significant civil or criminal penalties under Australian law. Penalties can include fines and, in severe cases, imprisonment. The exact consequences would depend on the severity and impact of the non-compliance, but adherence to these regulations is crucial to avoid any legal repercussions.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.