National Security (General) Regulations (Amendment)

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STATUTORY RULES.

1945. No. 20.

REGULATION UNDER THE NATIONAL SECURITY ACT 1939-1943.*

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 1939-1943.

Dated this twenty-first day of February, 1945.

HENRY

Governor-General.

By His Royal Highness’s Command,

W. P. ASHLEY

for and on behalf of the Minister of State for Defence.

Amendment of the National Security (General) Regulations.†

Regulation 66 of the National Security (General) Regulations is repealed and the following regulation inserted in its stead:—

Handling and conveyance of service munitions.

“66.—(1.) If it appears to the Minister to be necessary or expedient so to do in the interests of the defence of the Commonwealth or the efficient prosecution of the war, he may, by order, make provision for or in relation to the carriage of service munitions by land, sea or air, from any part of a port to any other part of that port, or from, or from near, any port or place in Australia to that or any other port or place, whether in or outside Australia, and, in particular, but without limiting the generality of the foregoing, for or in relation to—

(a) the mooring or berthing of a ship at a specified wharf or place in a port, or shifting ship in port, for the purpose of—

(i) loading, unloading or otherwise handling service munitions;

* Notified in the Commonwealth Gazette on 23rd February, 1945.

† Statutory Rules 1939, No. 87, as amended to date. For previous National Security (General) Regulations see footnote † to Statutory Rules 1943, No. 82, and see also Statutory Rules 1943, Nos. 88, 99, 123, 137, 224 and 278; and 1944, Nos. 9, 19, 55, 83, 113 and 131.

7551.—Price 3d.

(ii) loading, unloading or otherwise handling other cargo while service munitions are on board;

(iii) effecting repairs to the ship while service munitions are on board; or

(iv) taking on board fuel, stores, water or provisions, while service munitions are on board;

(b) the carriage of service munitions, whether or not in a manner or at a place involving the contravention of any law which would otherwise apply;

(c) the stacking or storage on any wharf or jetty, or in any shed or warehouse on or adjoining any wharf or jetty, of service munitions unloaded from, or intended to be loaded into, any ship or vehicle for conveyance to some other port or place;

(d) the safety precautions to be observed during any of the operations mentioned in this sub-regulation; and

(e) any other matter incidental to or arising out of the carriage or stacking or storage of service munitions in respect of which the Minister considers that it is necessary or desirable that an order be made.

“(2.) A person or persons may be authorized by the Minister, by order, to exercise a general power of personal supervision and direction over any operation mentioned in this regulation.

“(3.) An order may, as the case requires, be addressed to and served upon—

(a) the master, owner or charterer of any ship, or the agent of any such person;

(b) any master stevedore, wharfinger or other person who, as a contractor, engages in any port area in the loading or unloading of ships or in operations incidental to the loading or unloading of ships;

(d) any harbour or port authority or the owner, lessee, or occupier of any wharf or place at, on, or in which goods are received for loading or are unloaded, stacked or stored;

(e) the owner or agent of any vehicle or aircraft; or

(f) the proper authority of any air, railway or road transport service,

or, in the case of an order prescribing safety precautions, may be made so as to apply to persons generally or to persons included in a class of persons specified in the order.

“(4.) An order shall be deemed to have been sufficiently served upon or brought to the notice of a person affected thereby if the order, or a copy thereof, has been—

(a) published in the Gazette;

(b) pasted up in a prominent position at or near a place of employment of that person;

(d) sent by post to that person at his last-known place of abode or business; or

(e) in the case of a company, sent by post to the registered office of the company, or served personally on the manager, secretary or other executive officer of the company.

“(5.) An order applicable to persons generally or to persons included in any class of persons specified in the order shall be published in the Gazette.

“(6.) A person to whom an order is addressed or applies shall comply with the provisions of the order and with all directions issued to him in pursuance of the order.

“(7.) Where an order has been made in relation to any consignment or cargo of service munitions, no restriction imposed in relation to the carriage, stacking or storage of such or similar goods, imposed by or under the law of any State shall, insofar as it conflicts with or is inconsistent with that order, or would interfere with operations affected by that order, have any application or effect in relation to that consignment or cargo.

“(8.) In this regulation—

‘carriage’ includes loading, unloading, handling, stowage, conveyance and discharge;

‘order’ means an order made under this regulation;

‘owner’, in relation to a ship, includes a person operating or managing a ship on behalf of the Commonwealth;

‘service munitions’ includes—

(a) shells, cartridges, rockets, grenades, bombs, torpedoes, mines and depth charges, charged with any explosive or incendiary substance;

(b) explosives or incendiary substances;

(c) aviation or motor spirits (including drums or other containers from which aviation or motor spirit has been emptied, but which have not been effectively cleansed to ensure that they are free of all residue and vapour of the spirit), lighting kerosene and any other inflammable liquid having a flash point not higher than 150 degrees Fahrenheit, (as determined in the manner specified in the British Board of Trade Memorandum relating to the Carriage of Dangerous Goods and Explosives in Ships); and

(d) dangerous chemicals;

used or capable of being used for naval, military or air force purposes;

‘ship’ includes every boat or other description of vessel used for any purpose on the sea or in navigation not ordinarily propelled by oars only;

‘the Minister’ means the Minister of State for Supply and Shipping.

“(9.) In this regulation, any reference to loading or to unloading shall be construed as including a reference to putting on board, or unloading from, seaplanes or flying-boats, as the case may be, and any reference to ships shall be construed as including a reference to seaplanes and flying-boats.”.

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

Overview

The Statutory Rules 1945, No. 20, are regulations made under the National Security Act 1939-1943, enacted to address the urgent need for streamlined and controlled handling and transportation of service munitions during wartime. These regulations were introduced to ensure the efficient and secure movement of military supplies across Australia and between ports, both domestically and internationally, in support of the war effort. The enactment was carried out by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and the policy objective is to facilitate the defence of the Commonwealth by providing the necessary mechanisms for the safe and effective conveyance of munitions. These regulations specifically focus on the handling and transportation of service munitions, including munitions, explosives, inflammable liquids, and dangerous chemicals used for naval, military, or air force purposes.

Scope and Application

This regulation, issued under the National Security Act 1939-1943, applies to the handling and conveyance of service munitions, including explosive and incendiary substances, in the interests of national defence and efficient prosecution of the war. The regulation is intended to govern the carriage of service munitions by land, sea, or air, both within Australia and between ports, and includes specific provisions for loading, unloading, handling, and storage of such munitions. It applies to a range of entities, including ship masters, owners, charterers, and agents, masters of lighters and barges, harbour and port authorities, owners and occupiers of wharves and storage areas, vehicle and aircraft owners, and agents of transport services. The regulation also empowers the Minister of State for Supply and Shipping to issue orders to these entities and to the general public, ensuring compliance through various means of service, including publication in the Gazette, posting, and personal delivery or service. The regulation overrides any conflicting state laws, ensuring uniformity in the management of service munitions across jurisdictions.

Key Provisions

The main operative sections of the regulation (Section 66) allow the Minister to make orders regarding the carriage, handling, and storage of service munitions. These orders can cover a range of activities including the loading, unloading, and handling of munitions on ships, the mooring or berthing of ships for these purposes, the stacking or storage of munitions on wharves or in warehouses, and the safety precautions to be observed during these operations. Additionally, Section 66(2) allows the Minister to authorize certain individuals or entities to supervise these operations, while Section 66(3) outlines the types of persons or entities to whom these orders can be directed. Section 66(4) specifies the methods by which these orders can be served, and Section 66(5) mandates the publication of orders that apply generally or to a class of persons. Section 66(6) requires compliance with the orders and any directions issued pursuant to them. Section 66(7) ensures that state laws do not conflict with the orders made under this regulation. The regulation imposes several obligations and requirements on the parties it governs. Firstly, any person or entity to whom an order is addressed must comply with the provisions of the order and any directions issued under it (Section 66(6)). This means that ship owners, charterers, and operators, as well as port authorities, stevedores, lightermen, and others involved in the handling and transportation of service munitions, must adhere to the specific instructions and safety measures outlined in the Minister’s orders. Furthermore, Section 66(8) defines key terms such as “carriage,” “order,” “owner,” “service munitions,” “ship,” and “the Minister,” providing clarity on the scope and application of the regulation. Section 66(9) expands the definition of “loading” and “unloading” to include seaplanes and flying-boats, ensuring comprehensive coverage of all modes of transport. Breach of the orders made under Section 66 of the regulation can result in various civil or criminal consequences, although the regulation itself does not explicitly state the penalties. However, considering the context of national security and the potential risks involved in the handling of munitions, non-compliance could lead to serious ramifications. The National Security Act 1939-1943, under which these regulations are made, provides a framework for enforcement and includes provisions for fines and imprisonment. In cases of significant non-compliance, the penalties could include substantial fines or imprisonment, reflecting the gravity of the potential risks to national security and public safety. The exact penalties would depend on the specific circumstances of the breach and would be determined in accordance with the broader legal framework provided by the Act.

Area of Law: National Security Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Offence Provisions; Compliance Obligations

Interactions

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.

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