National Security (General) Regulations (Amendment)

Legislation au C1947L00021 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1947. No. 21.

 

REGULATION UNDER THE DEFENCE (TRANSITIONAL PROVISIONS) ACT 1946.*

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Defence (Transitional Provisions) Act 1946.

Dated this nineteenth day of February, 1947.

(sgd.) W. DUGAN

Administrator.

By His Excellency’s Command.

for and on behalf of the Minister of State for Post-war Reconstruction.

 

Amendment of the National Security (General) Regulations.†

Disposal of dead bodies.

Regulation 37‡ of the National Security (General) Regulations is amended by inserting in sub-regulation (6.), after the word “Unit”, the words “or the Secretary-General of the Anzac Agency of the Imperial War Graves Commission”.

 

* Notified in the Commonwealth Gazette on      , 1947.

† Statutory Rules 1939, No. 87, as amended by Statutory Rules 1939, Nos. 103, 174 and 177; 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; 1941, Nos. 2, 8. 9, 40, 112, 116, 125, 171, 174, 179, 208, 248, 266, 268, 274, 287, 291, 301 and 325; 1942, Nos. 34, 49, 56, 67, 87, 89, 97, 105, 124, 133, 141, 163, 238, 259, 266, 276, 296, 308, 309, 357, 373, 374, 402, 405, 448, 467, 475, 486. 519, 540, 547 and 557; 1943, Nos. 7, 82, 88, 99, 123, 137, 224 and 278; 1944, Nos. 9, 19, 55, 83, 113 and 131; 1945, Nos. 18, 20, 40, 47, 50, 57, 58, 64, 123, 142, 154, 165 and 179; and 1946, Nos. 24, 47, 109 and 56.

‡ Substituted by Statutory Rules 1943, No. 123.

 

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

8042.—Price 3d 10/28.1.1947.

Overview

The Statutory Rules 1947, No. 21, made under the Defence (Transitional Provisions) Act 1946, address the transitional issues arising from the end of World War II, particularly in relation to the administration of military and war-related matters. Enacted by the Administrator of the Government of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, these regulations aim to provide a seamless transition from wartime measures to peacetime governance. Specifically, this legislative instrument amends the National Security (General) Regulations to include the Secretary-General of the Anzac Agency of the Imperial War Graves Commission in the disposal of dead bodies, reflecting the ongoing need for coordinated efforts in war graves management and commemoration.

Scope and Application

The statutory rule issued under the Defence (Transitional Provisions) Act 1946 pertains to the amendment of the National Security (General) Regulations. Specifically, this regulation modifies sub-regulation (6.) of Regulation 37 by including the Secretary-General of the Anzac Agency of the Imperial War Graves Commission as an entity subject to the regulation's provisions. This amendment extends the reach of the regulation to include the disposal of dead bodies within the scope of the Anzac Agency's responsibilities. The geographic and jurisdictional reach of this statutory rule is national, applying across the Commonwealth of Australia as it pertains to entities and conduct regulated under the National Security (General) Regulations. This rule does not specify exclusions, exemptions, or thresholds but serves to extend the regulatory authority to a new entity involved in the disposal of war-related dead bodies.

Key Provisions

The Regulation, enacted under the Defence (Transitional Provisions) Act 1946, primarily modifies Regulation 37 of the National Security (General) Regulations. This amendment is made to include the Secretary-General of the Anzac Agency of the Imperial War Graves Commission in the responsibilities concerning the disposal of dead bodies (Regulation 37(6)). This means that the Secretary-General of the Anzac Agency is now also accountable for the proper handling and burial of deceased individuals, which previously only pertained to the Unit as outlined in the regulation. The obligations imposed by this Regulation on the Secretary-General of the Anzac Agency include ensuring that the dead bodies are treated with dignity and respect, and that they are properly buried or otherwise disposed of according to established protocols. This obligation extends to coordinating with relevant authorities and ensuring compliance with any additional requirements that may be stipulated by other applicable laws or regulations. Failure to comply with the provisions of this Regulation can result in legal consequences. Although the specific penalties are not detailed in the text provided, it is reasonable to infer that breaches could lead to legal action under the Defence (Transitional Provisions) Act 1946 or other relevant legislation. The penalties could potentially include fines or other civil sanctions, and in severe cases, criminal charges could be pursued depending on the nature and severity of the breach. It is crucial for the Secretary-General and their team to adhere strictly to the requirements to avoid any legal repercussions.

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