National Security (General) Regulations (Amendment)

Overview

The Statutory Rules 1940 No. 67, made under the National Security Act 1939, were enacted to address the urgent need for enhanced security measures during a period of national concern, particularly in light of the global events leading up to World War II. This legislative instrument, introduced by the Governor-General in Council, aims to regulate access to enclosed wharves and merchant vessels in Australian ports. The primary objective of these regulations is to ensure that only authorised individuals can enter or remain on these premises, thereby maintaining the security and safety of these areas. Permits for entry can be issued by authorised officers, subject to specific conditions and the discretion of the Minister. This regulation reflects a broader policy objective of the National Security Act 1939 to safeguard national interests by controlling access to potentially sensitive locations.

Scope and Application

The Legislative Instrument C1940L00067 amends the National Security (General) Regulations under the National Security Act 1939 to impose stringent controls on access to enclosed wharves and merchant vessels lying in Australian ports. This regulation applies to all individuals who are not the master, owner, or a member of the crew of a vessel, requiring them to obtain a written permit to enter or remain on any enclosed wharf or within fifty feet of a merchant vessel in port. Permits can be issued by the Collector of Customs, other principal officers of Customs, or by any Commonwealth officer authorised in writing by the Minister. The permits are subject to conditions and restrictions as deemed appropriate by the issuing officer and can be revoked at any time. Failure to comply with these regulations can result in immediate removal by a constable or Commonwealth officer, without prejudice to any further legal action that may be taken. This regulation underscores the Commonwealth's commitment to national security by limiting unauthorised access to potentially sensitive areas within port facilities.

Key Provisions

The main operative sections of these regulations, found under regulation 7a of the National Security (General) Regulations, primarily require written permits for individuals to enter or remain on enclosed wharves and merchant vessels lying in port. Specifically, section 7a(1) mandates that a person cannot enter or remain on any enclosed wharf without a written permit. Similarly, section 7a(2) states that individuals, excluding the master, owner, or crew members, cannot enter or remain on any merchant vessel lying in port or approach within fifty feet of such a vessel without a written permit. These permits can be issued by the Collector of Customs, other principal Customs officers, or any Commonwealth officer authorised by the Minister, subject to any directions issued by the Minister. These regulations impose several obligations on the parties they govern. Firstly, any person seeking to enter or remain on an enclosed wharf or merchant vessel must obtain a written permit from the appropriate authority, as per section 7a(3). The permit may be subject to specific conditions and restrictions deemed necessary by the issuing officer, as outlined in section 7a(4)(a). The permit holders must comply with all conditions and restrictions outlined in their permits, and if the permit is revoked, they must immediately return it to the officer who revoked it, as stated in section 7a(5). Additionally, section 7a(6) allows any constable or Commonwealth officer to remove any person found on an enclosed wharf or merchant vessel in contravention of these regulations. Failure to comply with these regulations may result in several consequences. According to section 7a(6), any person found on an enclosed wharf or merchant vessel in violation of these regulations may be removed by any constable or Commonwealth officer without prejudice to any further legal proceedings that may be taken against them. The regulations do not explicitly state any specific penalties for breaches; however, it is likely that further penalties could be pursued under the National Security Act 1939 or other relevant legislation. The precise penalties would depend on the nature of the breach and the discretion of the courts in applying the law.