STATUTORY RULES.
1945. No. 154.
REGULATIONS 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 Regulations under the National Security. Act 1939–1943.
Dated this twenty-sixth day of September, 1945.
HENRY
Governor-General.
By His Royal Highness’s Command,
E. M. FORDE
for and on behalf of the Minister of State for Defence.
Amendments of the National Security (General) Regulations.†
Unauthorized possession or sale of uniforms and badges.
1. Regulation 31a of the National Security (General) Regulations is amended by inserting in the definition of “competent authority” in sub-regulation (7.), after the words “Military District”, the words “, the Commander, Western Command, the Commander, Northern Territory Force”.
Entry and search of premises, &c. to obtain evidence of offences.
2. Regulation 79 of the National Security (General) Regulations is amended—
(a) by omitting from sub-regulation (2.) the words “written order” and inserting in their stead the word “authority”; and
(b)by omitting from sub-regulations (3.) and (4.) the word “order” (wherever occurring) and inserting in its stead the word “authority”.
*Notified in the Commonwealth Gazette on 27th September, 1945.
† Statutory Rules 1930. No. 87, as amended to date. For previous National Security (General) Regulations see footnote † Statutory Rules 1948, No. 82, and see also Statutory Rules 1943. Nos. 88, 99, 123, 137, 224 and 278; 1944, Nos. 9, 19, 55, 88, 118 and 131;.and 1945, Nos. 29, 40, 47, 50, 57, 58 and 64.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
4189.—Price 3d.
Overview
Statutory Rules 1945 No. 154, made under the National Security Act 1939–1943, was introduced to address specific regulatory needs during the period of national emergency declared by the Act. This statutory instrument was enacted by the Governor-General in Council, reflecting the urgency and necessity for swift legislative amendments in response to wartime exigencies. The primary aim of these regulations was to refine and enhance the powers granted under the National Security Act, ensuring that authorities could effectively maintain national security and manage the risks associated with unauthorised possession and sale of uniforms and badges, as well as the entry and search of premises to obtain evidence of offences. This legislative action underscores the commitment to adapting the regulatory framework to meet the evolving demands of a nation at war.
Scope and Application
The Statutory Rules of 1945, No. 154, constitute regulations made under the National Security Act 1939–1943, which apply to the Commonwealth of Australia. These regulations are specifically designed to amend the National Security (General) Regulations, addressing aspects such as the unauthorized possession or sale of uniforms and badges, as well as the entry and search of premises to obtain evidence of offences. The regulations extend to defining "competent authority" to include the Commander, Western Command, and the Commander, Northern Territory Force, thereby broadening the scope of enforcement. Additionally, these regulations modify the terminology from "written order" to "authority" in certain sub-regulations, impacting how searches and entries are authorised. The changes aim to enhance the efficiency and clarity of national security measures during the period of the National Security Act’s operation.
Key Provisions
The Regulations under the National Security Act 1939–1943, as amended by Statutory Rules 1945, No. 154, contain several significant provisions. Firstly, Regulation 31a is modified by adding specific authorities, such as the Commander, Western Command and the Commander, Northern Territory Force, to the definition of "competent authority" in sub-regulation (7). This ensures that these military leaders are empowered to enforce certain regulations related to unauthorized possession or sale of uniforms and badges. Secondly, Regulation 79 has been amended to replace the term "written order" with "authority" in sub-regulation (2). Furthermore, the word "order" is substituted with "authority" in sub-regulations (3) and (4). This change allows for greater flexibility in the enforcement process, permitting authorised personnel to enter and search premises without the need for a formal written order.
These Regulations impose obligations on various entities, particularly military commanders and authorised personnel. The inclusion of specific military leaders in the definition of "competent authority" (Regulation 31a) signifies their responsibility in overseeing and enforcing compliance with national security regulations concerning uniforms and badges. The shift from "written order" to "authority" in Regulation 79 places the onus on these authorised personnel to exercise their discretion responsibly when entering and searching premises to obtain evidence of offences. This change underscores the need for these individuals to act within the bounds of their authority, ensuring that their actions are justified and lawful.
Breach of these Regulations may lead to various consequences, both civil and criminal. While the specific penalties are not detailed in the Regulations themselves, the overarching National Security Act 1939–1943 provides a framework for addressing violations. Civil penalties may include fines or other monetary penalties, depending on the nature and severity of the breach. Criminal penalties could potentially involve imprisonment, reflecting the seriousness with which the government treats offences under the Act. The precise penalties would be determined by the courts, taking into account the specific circumstances of each case and the relevant provisions of the National Security Act.