National Security (General) Regulations (Amendment)

Overview

Statutory Rules 1942 No. 309, made under the National Security Act 1939-1940, was enacted by the Governor-General in Council to address the need for tighter control over fishing activities and small craft use during wartime, specifically targeting the issue of unauthorised persons being on fishing vessels or small craft. This regulation was introduced to enhance national security by ensuring only authorised individuals could be present on certain vessels and small craft, thereby preventing any potential security risks. The policy objective was to restrict unauthorised access to sensitive maritime areas and resources, ensuring they were not exploited during a time of national emergency. The regulation was made by the Governor-General in Council, acting on the advice of the Federal Executive Council and the Minister of State for Defence. It amended the National Security (General) Regulations to refine who could be on fishing vessels or small craft without a permit, specifying that only certain authorised individuals, such as those with written permits or those in the course of their official duties, would be exempt from the permit requirement. This amendment aimed to streamline the enforcement of national security measures during wartime, ensuring that only those with legitimate reasons and proper authorisation could access these areas.

Scope and Application

This statutory rule, made under the National Security Act 1939-1940, amends the National Security (General) Regulations by modifying the requirements for permits necessary for individuals to be present on fishing vessels or small craft. This regulation applies to Commonwealth or State officers, police or constables, and other relevant personnel, provided they are authorised in writing to issue permits. The regulation specifies that it does not apply to authorised passengers on vessels operating on a regular advertised timetable or those holding a current permit for their occupation. Additionally, members of naval, military, or air forces who are in uniform and can provide identity evidence are exempt, as are employees of the Commonwealth, State, or Harbour or Port Authorities when on duty, and individuals holding a permit under the Aliens Restriction (Fishing vessels and other small Craft) Order. This regulatory amendment extends the application of the permit requirements through subordinate instruments, ensuring compliance within the Commonwealth.

Key Provisions

The main operative sections of this Regulation (No. 309) amend the National Security (General) Regulations under the National Security Act 1939-1940. Specifically, Regulation 7c is amended to restrict who can be on fishing vessels or small craft without a permit, and to clarify who can issue such permits (sub-regulation 2(c)). Additionally, sub-regulation 5 is amended to specify exceptions to the permit requirement, including authorised passengers on licensed vessels and those with current permits (sub-regulation 5(a) to (e)). These amendments impose specific obligations and requirements on various parties governed by the Act. For example, Commonwealth or State officers, police officers, or constables who are authorised in writing to issue permits under this regulation can permit certain individuals to be on fishing vessels or small craft without a permit. Furthermore, the regulation exempts several categories of individuals from the permit requirement, provided they meet certain conditions such as holding a current permit, being on duty, or being members of the armed forces wearing their uniforms and presenting satisfactory identification. Failure to comply with these regulations can lead to civil and criminal consequences. While the specific penalties are not detailed within the regulation itself, under the National Security Act 1939-1940, unauthorised presence on fishing vessels or small craft could potentially lead to fines and imprisonment. The Act provides for penalties that can include substantial fines and imprisonment terms, although the exact maximum penalties would be determined in the context of the specific contravention and any relevant sentencing guidelines or statutory maximums at the time of offence. In summary, this regulation tightens control over who can be on fishing vessels or small craft without a permit, while also clarifying the authority to issue such permits. It outlines specific exemptions and thereby imposes clear obligations on relevant parties to adhere to these conditions. Non-compliance could result in civil or criminal penalties, including fines and imprisonment, though the exact penalties would be subject to the broader legal framework provided by the National Security Act 1939-1940.