National Security (General) Regulations (Amendment)

Overview

The National Security (General) Regulations Amendment (Prohibited Papers) Regulations 1940, enacted under the National Security Act 1939, were introduced to address the threat posed by the Communist Party of Australia and other similar associations during a period of national crisis, particularly in the context of World War II. This regulation was issued by the Governor-General in Council, on the advice of the Minister of State for Defence Co-ordination, aiming to safeguard national security by prohibiting the distribution and publication of materials that could prejudice the defence of the Commonwealth or the efficient prosecution of the war. By declaring certain papers as prohibited, the regulation intended to prevent the dissemination of content that might be detrimental to national interests, thereby ensuring the protection and integrity of the Commonwealth's security measures.

Scope and Application

This statutory rule, issued under the National Security Act 1939, applies to any paper issued by, for, or on behalf of the Communist Party of Australia, or any association deemed by a Minister to have similar objectives, or any individual or entity acting in their interest, if it is believed that the publication of such paper may compromise national defence or the efficient conduct of war. The regulation empowers a Minister to declare such papers as "prohibited papers" and imposes strict prohibitions on the activities related to printing, publishing, issuing, circulating, distributing, selling, offering for sale, or displaying these papers. Additionally, it mandates the forfeiture of all materials and equipment used for printing these prohibited papers to the Commonwealth. This regulation extends to the entire Commonwealth of Australia and applies to any person or entity within its jurisdiction that engages in the specified activities with regard to the declared prohibited papers. The regulation does not explicitly state any exclusions or exemptions but implies that certain individuals or entities associated with the specified associations may be held liable if they fail to demonstrate that the prohibited activities were conducted without their knowledge or that they exercised due diligence to prevent them. The regulation may be further extended or clarified through subordinate instruments issued under the authority of the National Security Act 1939.

Key Provisions

The statutory rules, made under the National Security Act 1939, introduce specific regulations regarding "prohibited papers" (regulation 17b). If a Minister determines that a paper is issued, or intended to be issued, by or on behalf of certain associations, including the Communist Party of Australia or any association deemed substantially similar, and believes that the publication of such paper would prejudice the defence of the Commonwealth or the efficient prosecution of the war, they may declare it a "prohibited paper" via a Gazette order (17b(1)). This designation prohibits any person from printing, publishing, issuing, circulating, distributing, selling, offering for sale, or displaying the paper, and mandates the forfeiture of all copies, printing presses, types, and related materials to the Commonwealth. The Act imposes stringent obligations on the parties it governs. Any person found to be a member of the executive or managing body of an association specified in the order, or an officer of that association, who prints, publishes, issues, circulates, distributes, sells, offers for sale, or displays a paper declared to be prohibited, is deemed to have contravened the regulation unless they can prove that they were unaware of these actions or took all due diligence to prevent them (17b(2)). The definition of "paper" encompasses books, periodicals, pamphlets, handbills, dodgers, posters, and newspapers, ensuring that the regulation applies to a wide range of printed materials. The statutory rules establish clear consequences for breaches of these regulations. Any contravention of the provisions related to prohibited papers is subject to penalties, although the specific penalties are not detailed in the excerpt provided. The overarching legal framework, however, implies that violations could result in both civil and criminal consequences, reflecting the gravity of the offences related to national security.