National Security (General) Regulations (Amendment)

Overview

Statutory Rules 1942, No. 89, made under the National Security Act 1939-1940, addresses the urgent need to prevent the use of vessels in Australian waters for activities that could compromise national security during the early stages of World War II. Enacted by the Governor-General in Council, the regulation was introduced to enhance maritime security by empowering the Minister of State for the Navy to issue orders that restrict or prevent the use of specified vessels in designated waters. The policy objective is to ensure compliance with these orders to maintain national security, with penalties for non-compliance including potential criminal charges for the vessel's owner or person in charge, as well as the use of force by authorised officers to enforce these regulations.

Scope and Application

This statutory instrument, made under the National Security Act 1939-1940, introduces regulation 45d, which empowers the Minister of State for the Navy or an authorised person to issue orders to prevent or impede the use of vessels in Australian waters or adjacent land areas. This regulation applies to all vessels or those specified by the order and to any Australian waters or parts thereof as specified in the order. The orders may include provisions for preventing or impeding the use of vessels, such as removing them from the water or relocating them, and may specify times for compliance. The regulation imposes penalties on vessel owners or those in charge who fail to comply with the orders. Additionally, constables or Commonwealth officers are authorised to use reasonable force to ensure compliance with the orders or to facilitate legal proceedings in the event of non-compliance. The regulation's application is not limited by specific exclusions or thresholds, and its scope may be further defined through subordinate instruments issued under the authority of the National Security Act 1939-1940.

Key Provisions

The key provision of this legislative instrument (Statutory Rules 1942, No. 89) is the introduction of a new regulation 45d under the National Security (General) Regulations. Regulation 45d (1) allows the Minister of State for the Navy or an authorised person to issue an order that prevents or impedes the use of specific vessels in Australian waters or on adjacent land. Regulation 45d (2) specifies that the order can target all vessels or particular classes or descriptions of vessels, and can apply to all waters in or adjacent to Australia or any part thereof, as specified in the order. The order may include provisions on how to prevent or impede the use of vessels, such as removing them from the water or relocating them upstream, and may specify when these measures are to be enforced. Regulation 45d (3) states that any contravention of, or failure to comply with, the order by the vessel owner or person in charge of the vessel constitutes an offence under the Act. Regulation 45d (4) grants constables or Commonwealth officers the authority to take necessary steps and use reasonable force to ensure compliance with the order or to enable the taking of legal proceedings in the case of an offence. Under this regulation, the Minister of State for the Navy or an authorised person has the authority to issue orders that restrict the use of specified vessels within Australian waters or adjacent land. The vessels targeted by the order can be all vessels or specific classes or descriptions as outlined in the order. The order can cover all waters in or adjacent to Australia or specific areas as designated. The order must specify the methods to prevent or impede the use of vessels, such as removing them from the water or relocating them upstream, and may include details on when these measures should be enforced. The regulation also mandates that the vessel owner or the person in charge of the vessel must comply with the order, and failure to do so constitutes an offence under the National Security Act 1939-1940. Constables or Commonwealth officers are empowered to take necessary actions, including using reasonable force, to ensure compliance with the order or to facilitate legal proceedings in the event of an offence. Breach of the provisions set out in an order issued under this regulation is treated as an offence under the National Security Act 1939-1940. According to Regulation 45d (3), the owner of the vessel or, if someone else is in charge of the vessel, that person, is liable for the offence if there is any contravention or failure to comply with the order. Regulation 45d (4) provides constables or Commonwealth officers with the authority to take necessary steps, including the use of reasonable force, to secure compliance with the order or to enable the prosecution of the offence. The specific penalties for such offences are not detailed in this regulation but would be subject to the provisions of the National Security Act 1939-1940, which could include fines and imprisonment.