National Security (General) Regulations (Amendment)

Legislation au C1941L00009 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1940. No. 9.

 

REGULATIONS 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 Regulations under the National Security Act 1939-1940.

Dated this Twenty-third day of January, 1940.

Governor-General.

By His Excellency’s Command,

 

(Sgd.) A. Fadden

Acting Minister of State for Defence Co-ordination.

 

Amendments of the National Security (General) Regulations.†

Entry on wharves and ships

1. Regulation 7a of the National Security (General) Regulations is amended—

(a) by inserting in sub-regulation (1.), at the end of paragraph (b) the words “or any enclosed wharf”;

(b) by inserting after sub-regulation (1.) the following sub-regulation:—

“(1a.) A person shall not engage any other person to do any work on an enclosed wharf or on any merchant vessel lying at an enclosed wharf unless that person is the holder of a permit to enter and remain on the wharf.”;

(c) by inserting at the end of paragraph (b) of sub-regulation (4.) the words and may be suspended by that person pending consideration of the question of revocation;”;

 

* Notified in the Commonwealth Gazette on 29 January, 1941.

† Statutory Rules 1939, No. 87, as amended by Statutory Rules 1939, Nos., 103, 174 and 177 ; and 1940, Nos. 8, 32, 34, 45, 67, 71, 90, 91, 93, 113, 118, 119, 120, 127, 171, 175, 187, 191, 243, 246, 261, 262, 263, 264 and 270.


(d) by inserting after sub-regulation (4.) the following sub regulation:—

“(4a.) If any person to whom a permit has been issued satisfies a person empowered to issue permits under this regulation that the permit has been lost or destroyed, the person so empowered may issue a duplicate permit to him on payment of a fee of One shilling.”; and

(e) by inserting in sub-regulation (5.), after the word “revoked” (wherever occurring) the words “or suspended”.

Wireless telegraphy, submarine cables, &c.

2. Regulation 11 of the National Security (General) Regulations is amended by omitting from sub-regulation (1.) all the words and symbols after the word “control” (first occurring) up to and including the words “so used” and inserting in their stead the words “any wireless transmitting apparatus, or any apparatus which has been adapted or which appears to the Postmaster-General to he readily adaptable for use as a wireless transmitting apparatus”.

Censorship.

3. Regulation 16 of the Rational Security (General) Regulations is amended—

(a) by omitting from paragraph (d) of sub-regulation (1.) the word “or”;

(b) by adding at the end of that sub-regulation the fallowing paragraph:—

“; or (f) stage plays.”; and

(c) by inserting after sub-regulation (2) the following sub-regulation:—

“(2b.) The Commonwealth, and any officer or authority of the Commonwealth, shall not be liable in respect of any loss, damage or injury suffered by any person by reason of the censorship, whether before or after the commencement of this sub-regulation, of any communication, postal article, newspaper, publication, matter for broadcasting or cinematograph film or stage play, in pursuance of any order under this regulation, and the Commonwealth, any officer or authority of the Commonwealth and any other person, shall not be liable to make any refund of any charges paid, whether before or after the commencement of this sub-regulation, in respect of the transmission of any communication or postal article which has been stopped, altered, delayed or otherwise dealt with in pursuance of any order under this regulation.”.

Restrictions on departure of ships and aircraft.

4. After regulation 45a of the National Security (General Regulations the following regulation is inserted:—

“45b.—(1.) The Minister, if it appears to him to be necessary or expedient so to do in the interests of public safety, the defence of the Commonwealth or the efficient prosecution of the war or for maintaining supplies and services essential to the life of the community, may by order direct—

(a) with respect to any class of ships or aircraft in Australia, that a ship or aircraft of that class shall not leave any port or place in Australia at which it may be;

(b) with respect to any particular ship or aircraft at any port or place in Australia, that the ship or aircraft shall not leave that port or place,

except with permission granted by such authority or person as is specified in the order.

“(2.) A person shall not cause, suffer or permit any ship or aircraft to leave or to attempt to leave any port or place in contravention of any such order.

“(3.) Any Commonwealth officer may, in relation to any ship or aircraft, take such steps, and use such force, as appear to him to be reasonably necessary for securing compliance with any order under this regulation relating to the ship or aircraft, or, where any contravention of the order has occurred in the case of the ship or aircraft, for enabling proceedings in respect of the contravention to be effectually taken.

“(4.) In this regulation ‘the Minister’ means, in relation to aircraft, the Minister of State for Air, and, in relation to ships, the Minister of State for the Navy or the Minister of State for Commerce.”.

Measures for safety of Australian ships.

5. Regulation 47 of the National Security (General) Regulations is amended—

(a) by omitting from paragraph (b) of sub-regulation (1.) the word “and” (second occurring); and

(b) by inserting, after paragraph (b) of that sub-regulation, the following paragraph:—

“(bb) for prescribing the wireless telegraph services to be maintained, and the number, grade and qualifications of operators and watchers to be carried, in connexion with the operation of any wireless telegraph installation provided in any such ship, whether in pursuance of the order or otherwise; and”.

6. After regulation 48 of the National Security (General) Regulations, the following regulation is inserted:—

Power to authorize certain aliens to act as master or officer of a ship registered in Australia.

“48a.—(1.) Notwithstanding anything contained in Part II. of the Navigation Act 1912-1935, the Minister of State for Commerce, or a person appointed by him so to do, may, if he or that person is satisfied that a subject or former subject of a country specified by him by order is competent to act as master or officer of any specified grade of a ship registered in Australia, authorize that subject or former subject so to act.

“(2.) Any person so authorized shall, while acting in pursuance of the authority, be deemed for the purposes of Part II. of the Navigation Act 1912-1935 to hold a certificate of competency under that Act of an officer of the grade specified in the authority.”

7. After regulation 59b of the National Security (General) Regulations, the following regulation is inserted:—

Power to provide for execution of works by State constructional bodies or authorities.

“59c. For the purpose of providing for the execution of any work connected with the defence of the Commonwealth, the prosecution of the war, the securing of public safety or the maintenance of supplies and services essential to the life of the community, the Minister may, by order, enlarge, to the extent specified in the order, the powers and functions of any constructional body or authority constituted or appointed by or under the laws of any State or Territory of the Commonwealth, and the body may thereupon exercise the enlarged powers and functions.”.

Handling and conveyance of ammunition, &c., in ports.

8. Regulation 66 of the National Security (General) Regulations is amended by adding at the end thereof the following sub-regulation:—

“(3.) If it appears to a Minister to be necessary or expedient so to do in the interests of the public safety, the defence of the Commonwealth or the efficient prosecution of the war, he may by order make provision for the shipping, unshipping, handling, storage or conveyance of any such ammunition, explosives or inflammable substances at any place specified in the order.”.

 

 

 

 

 

 

 

 

 

__________________________________________

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

Overview

The Statutory Rules 1940 No. 9, made under the National Security Act 1939-1940, was enacted to address the urgent need for comprehensive regulations to support national security efforts during a period of significant international conflict. These regulations were introduced to provide the Commonwealth government with the necessary tools to manage and control various aspects of national security, including the regulation of entry to enclosed wharves and ships, control over wireless telegraphy and submarine cables, censorship of various forms of communication, and restrictions on the departure of ships and aircraft. The objective of these regulations is to ensure public safety, the defence of the Commonwealth, and the efficient prosecution of the war, while also maintaining essential supplies and services. The enactment of these regulations by the Governor-General, on the advice of the Federal Executive Council, underscores the critical importance placed on national security during this period.

Scope and Application

The Statutory Rules of 1940, No. 9, made under the National Security Act 1939-1940, encompass a broad range of regulations aimed at bolstering national security during a period of heightened global conflict. These regulations apply to a wide array of individuals and entities, including workers on enclosed wharves, operators of wireless transmitting apparatus, and persons involved in the censorship of communications and stage plays. The geographic and jurisdictional reach of these regulations is national, extending throughout the Commonwealth of Australia. The Act does not specify any exclusions or exemptions, although the regulations do provide for the issuance of permits and the imposition of fees for certain activities. The scope of application is further extended through the issuance of subordinate instruments by the Minister, who may direct restrictions on the departure of ships and aircraft, prescribe safety measures for Australian ships, and authorize certain aliens to act as masters or officers of ships registered in Australia. Additionally, the Act empowers the Minister to enlarge the powers and functions of State constructional bodies or authorities for the execution of works connected with national defence and public safety.

Key Provisions

The main operative sections of this statutory instrument amend the National Security (General) Regulations to address various national security concerns, including entry and work on enclosed wharves and ships, wireless telegraphy, censorship, restrictions on the departure of ships and aircraft, measures for the safety of Australian ships, and the handling and conveyance of ammunition, explosives, and inflammable substances in ports. Regulation 7a is amended to restrict access to enclosed wharves and ships, requiring permits for entry and work (subsections 1(a), 1(b), and 1(a)). Regulation 11 is revised to clarify the types of wireless transmitting apparatus under control, while regulation 16 expands the scope of censorship to include stage plays and immunises the Commonwealth from liability for censorship actions (subsections 1(a), 1(b), and 1(c)). New regulations are introduced to restrict the departure of ships and aircraft (subsections 45b(1)- (4)), allow certain aliens to act as masters or officers of Australian ships (subsections 48a(1) and 48a(2)), and provide for the execution of works by state constructional bodies or authorities (subsection 59c). The safety of Australian ships is further addressed by prescribing wireless telegraph services and crew qualifications (subsection 47(bb)) and regulating the handling and conveyance of ammunition, explosives, and inflammable substances in ports (subsection 66(3)). These amendments impose several obligations on parties and entities governed by the National Security (General) Regulations. Firstly, individuals seeking to enter enclosed wharves or ships, or to engage others for work on these sites, must obtain and carry the requisite permits (subsections 1(b) and 1(a)). Secondly, wireless transmitting apparatus must adhere to the specified definitions and controls (subsection 11). Thirdly, censorship extends to stage plays, and the Commonwealth is exempt from liability for censorship actions (subsections 1(a), 1(b), and 1(c)). Fourthly, ships and aircraft are subject to restrictions on departure, with ministerial orders specifying conditions for departure (subsections 45b(1)- (4)). Fifthly, certain aliens may be authorised to act as masters or officers of Australian ships, subject to ministerial approval (subsections 48a(1) and 48a(2)). Sixthly, state constructional bodies or authorities may have their powers and functions enlarged by ministerial order for works related to national defence and security (subsection 59c). Lastly, the handling and conveyance of ammunition, explosives, and inflammable substances in ports are subject to ministerial orders to ensure public safety and efficient prosecution of the war (subsection 66(3)). Breach of these regulations may result in civil or criminal consequences. For example, causing, suffering, or permitting a ship or aircraft to leave a port or place in contravention of a ministerial order under regulation 45b is an offence. Similarly, failure to comply with regulations regarding entry, work, and permits on enclosed wharves and ships (subsections 1(b) and 1(a)) could lead to enforcement actions. The specific penalties for these offences are not detailed in the statutory instrument, but they may be found in the primary legislation, the National Security Act 1939-1940, or in other related regulations or laws.

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