National Security (General) Regulations (Amendment)

Legislation au C1941L00008 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1941. No. 8.

––––––

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, 1941.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

Acting Minister of State for Defence Co-ordination.

 

Amendments of National Security (General) Regulations.†

Control of language, &c. in telegrams within Australia.

1. Regulation 13a of the National Security (General) Regulations is amended by inserting in sub-regulation (1.), after the word “sender”, the words “or the addressee”.

2. Regulation 19 of the National Security (General) Regulations is repealed and the following regulation inserted in its stead:—

Photography, &c.

“19.—(1.) Subject to any exemptions for which provision is made by order of the Minister, a person shall not, except under the authority of a written permit granted by or on behalf of the Minister—

(a) have a camera with him—

(i) in any vessel or in any aircraft within the territorial limits of Australia;

(ii) in a prohibited place; or

(iii) in any place specified in any order made by the Minister;

(b) make any photograph, sketch, plan or other representation of any object while he is on board a vessel or aircraft within the territorial limits of Australia; or

 

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

† Statutory Rules 1939, No. 87, as amended by Statutory Rules 1940, Nos. 103, 174, 177, and Statutory Rules 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.


(c) make any photograph, sketch, plan or other representation—

(i) of a prohibited place, or of any part of or object in a prohibited place, or of an object of any description specified by order of the Minister;

(ii) of, or of any part of or object in, any area specified by order of the Minister, being an area in relation to which the restriction of photography appears to the Minister to be expedient in the interests of the defence of the Commonwealth; or

(iii) of persons, things or occurrences of any description specified in any order made by the Minister:

Provided that where any person has a camera with him on board a vessel proceeding to or from Australia, he shall not be deemed to have the camera with him in contravention of this regulation if he surrenders it to the master of the vessel before reaching the territorial limits of Australia or at the port of embarkation in Australia, as the case may be:

Provided further that this sub-regulation shall not apply to anything done by a constable or Commonwealth officer acting in the course of his duty or to the retention by the master of a vessel of a camera in pursuance of the next succeeding sub-regulation.

“(2.) Where a camera is surrendered by any person to the master of a vessel in pursuance of this regulation, the master shall retain possession of the camera—

(a) in the case of a vessel proceeding to Australia—until the disembarkation of the person in Australia or until the vessel leaves the territorial limits of Australia; and

(b) in the case of a vessel proceeding from Australia—until the vessel has left the territorial limits of Australia.

“(3.) Permits under this regulation may be granted on behalf of the Minister—

(a) in relation to vessels and to places and objects under the control of the Department of the Navy—by the Chief of the Naval Staff, or any Commonwealth officer thereto authorized in writing by him;

(b) in relation to aircraft and to places and objects under the control of the Department of Air—by the Chief of the Air Staff, or any Commonwealth officer thereto authorized in writing by him;

(c) in relation to other places and objects—by the Chief of the General Staff, or any Commonwealth officer thereto authorized in writing by him,

or by any Commonwealth officer specified in an order made by the Minister in pursuance of this regulation.

“(4.) Where any officer authorized to grant permits on behalf of the Minister is satisfied that there are reasonable grounds for suspecting that any person is in possession of any photograph, sketch, plan or other representation made in contravention of this regulation, and that such photograph, sketch, plan or other representation may be found on any premises, he may grant a search warrant authorizing any constable or Commonwealth officer named therein, with such assistance as he thinks necessary, to enter those premises, if necessary by force, and to seize any such photograph, sketch, plan or other representation which he may find on the premises.

“(5.) Where any photograph, sketch, plan or other representation has been seized in pursuance of this regulation or of regulation 79, 79a or 79b of these Regulations, the constable or Commonwealth officer or other authorized person who seizes the article may deliver it to a person authorized to grant permits on behalf of the Minister under this regulation, and that person may, if he thinks it necessary in the interests of the defence of the Commonwealth so to do, retain, or destroy or otherwise dispose of the article.

“(6.) The Minister may make such orders, and any person acting on his behalf may give such special directions, as the Minister or person thinks necessary, for securing that photographs, sketches, plans and other representations made under the authority of a permit granted in pursuance of paragraphs (b) and (c) of sub-regulation (1.) of this regulation, shall not be published unless and until they have been submitted to, and approved by, the authority or person specified in the order or directions, as the case may be; and the Minister or any person acting on his behalf, may, if the Minister or person thinks it necessary in the interests of the defence of the Commonwealth so to do, retain, or destroy or otherwise dispose of, anything so submitted.”.


“(7.) In this regulation—

‘photograph’ includes a negative of a photograph; and

‘the territorial limits of Australia’ includes the territorial waters of Australia and the air space above Australia and its territorial waters.”.

Unauthorized possession or sale of uniforms or badges.

3. Regulation 31a of the National Security (General) Regulations is amended—

(a) by omitting from paragraph (e) of sub-regulation (5.) the word “and”; and

(b) by inserting after that paragraph, the following paragraph:—

“(ea) any uniform, badge or emblem of any other part of the King’s dominions or of any Ally of His Majesty; and”.

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

Overview

The Statutory Rules 1941, No. 8, Regulations Under the National Security Act 1939-1940, were enacted by the Governor-General in Council to amend existing regulations under the National Security Act 1939-1940 in response to evolving national security concerns during World War II. These regulations aimed to address issues related to the control of information and the protection of national security by imposing restrictions on photography, the possession of cameras, and the unauthorised possession or sale of uniforms or badges. The policy objective was to safeguard sensitive information and prevent any actions that could compromise the defence of the Commonwealth. The regulations were made by the Governor-General, acting on the advice of the Federal Executive Council, and were notified in the Commonwealth Gazette on 29 January 1941.

Scope and Application

The National Security (General) Regulations 1941, made under the National Security Act 1939-1940, apply to all individuals and entities within the territorial limits of Australia, including its territorial waters and airspace. These regulations primarily address the control of language in telegrams, photography, and the unauthorized possession or sale of uniforms and badges, particularly those belonging to the King’s dominions or Allied nations. The regulations prohibit the possession of cameras and the taking of photographs in specific locations without a permit from the Minister, including within Australian territorial limits, in prohibited places, or in areas designated by order of the Minister. Exemptions and provisions for permits are detailed, allowing certain authorised officers to grant permits and issue search warrants. Additionally, the regulations extend to the retention and disposal of seized materials if deemed necessary for national defence. Unauthorized possession or sale of uniforms or badges from other parts of the King’s dominions or Allied nations is also restricted, with specific amendments outlined to include these items within the purview of the regulations.

Key Provisions

The Regulations under the National Security Act 1939-1940 primarily concern the control of sensitive information and materials that could be detrimental to national security. Regulation 13a is amended to include the addressee in the purview of control over telegrams within Australia (Section 1). Regulation 19 imposes strict controls on photography, sketches, plans, or other representations, prohibiting their creation or possession without a permit from the Minister, except in certain areas or under specific circumstances (Section 19(1)). This regulation also includes provisions for the retention and surrender of cameras on vessels, the granting of search warrants, and the retention or destruction of seized materials (Sections 19(2)-(6)). Regulation 31a is amended to prohibit the unauthorized possession or sale of uniforms, badges, or emblems of other parts of the King’s dominions or Allies of His Majesty (Section 3). The Regulations impose obligations on individuals and entities to comply with the strict controls on the possession and use of cameras, and the unauthorized possession or sale of uniforms, badges, or emblems. They require individuals to surrender cameras on vessels proceeding to or from Australia, and to obtain permits for photography in restricted areas (Sections 19(1)-(3)). The Regulations also mandate that officers authorized to grant permits may issue search warrants for premises where prohibited materials may be found (Section 19(4)). Additionally, the Regulations impose a duty on the Minister to make orders and directions necessary to control the publication of photographs, sketches, plans, and other representations made under permit (Section 19(6)). Breaches of these Regulations can lead to civil and criminal consequences. For instance, unauthorized photography, sketches, plans, or representations can result in the seizure and potential destruction of such materials by authorized persons (Section 19(5)-(6)). The unauthorized possession or sale of uniforms, badges, or emblems can also result in legal penalties (Section 3). While specific penalties are not detailed in the provided excerpt, it can be inferred that significant penalties, including fines and imprisonment, might apply for violations of these Regulations, given their national security implications.

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