National Security (General) Regulations (Amendment)

Legislation au C1941L00248 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1941. No. 248.

 

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-ninth day of October, 1941.

Governor-General.

By His Excellency’s Command,

Minister of State for Defence Co-ordination.

———

Amendments of the National Security (General) Regulations.†

1. After regulation 7a of the National Security (General) Regulations, the following regulation is inserted:—

Appointment and powers of Reviewing Authority.

“7b.—(1.) For the purpose of reviewing decisions given under sub-regulations (3.) and (4.) of the last preceding regulation, there shall be a Reviewing Authority who shall be appointed by, and hold office during the pleasure of, the Minister, and who shall receive fees and allowances at such rates as are fixed by the Minister.

“(2.) Any person who is dissatisfied with any decision given by any authority under sub-regulation (3.) or (4.) of the last preceding regulation may, within thirty days after the date of commencement of this regulation or of the decision, whichever is the later, post to or lodge with the authority who gave the decision objected to an objection in writing against the decision, stating fully and in detail the grounds on which he relies.

“(3.) On receipt of the objection, the authority receiving it shall refer the objection and all the relevant papers to the Reviewing Authority who may confirm, revoke or vary the decision objected to.

* Notified in the Commonwealth Gazette on , 1941.

† Statutory Rules 1939, No. 87, as amended by Statutory Rules 1939, Nos. 103, 174 and 177; 1940, Nos. 8, 32, 44, 45, 67, 71, 91, 93, 113, 118, 119, 120, 127, 191, 243, 246, 261, 262, 263, 264, and 270; and 1941, Nos. 2, 8, 9, 40, 69, 112, 116, 125, 171, 174, 179 and 208.

5481.—20/30.9.1941.—Price 3d.


The Reviewing Authority shall return the papers, with his decision endorsed thereon, to the authority from whom the papers were received and that authority shall take such action as is necessary to give effect to the decision of the Reviewing Authority.

“(4.) A refusal, by a person empowered to issue permits, to issue a permit under the last preceding regulation shall be deemed for the purposes of this regulation to be a decision under sub-regulation (3.) of that regulation.

“(5.) A Reviewing Authority shall have all the powers, rights and privileges vested in a Commissioner under the National Security (Inquiries) Regulations.

“(6.) The Reviewing Authority shall act according to equity, good conscience and the substantial merits of the case, without regard to technicalities or legal forms, and shall not be bound by any rules of evidence, but may inform his mind in such manner as he thinks just.”.

Restriction on movements of suspected persons.

2. Regulation 25 of the National Security (General) Regulations is amended by adding at the end of sub-regulation (3.) the words “except that the application shall be made within fourteen days after the applicant receives notice of the Minister so approving.”.

Restriction orders and detention orders.

3. Regulation 26 of the National Security (General) Regulations is amended by adding at the end of sub-regulation (3b.) the following proviso:—

“Provided that an Advisory Committee may consider an application which is not submitted within the prescribed time if it is satisfied that it was not practicable for the applicant to submit the application within that time and that he submitted it as soon as practicable thereafter.”.

General control of navigation.

4. Regulation 45 of the National Security (General) Regulations is amended by inserting after sub-regulation (1.) the following sub-regulation:—

“(1a.) A navigation order may make provision for such incidental and supplementary matters as appear to the Minister to be necessary or expedient.”.

5. After regulation 45b of the National Security (General) Regulations the following regulation is inserted:—

Carriage of passengers and life saving appliances in certain ships.

“45c. If it appears to the Minister of State for the Navy that it is necessary or expedient with a view to facilitating any operations of the Forces of the King or the Commonwealth or the movement of persons and supplies in connexion with such operations, he may, by order, make provision as to the carriage of passengers or life saving appliances by any ship or class of ships during any voyage specified in the order.”.

Taking possession of land.

6. Regulation 54 of the National Security (General) Regulations is amended—

(a) by inserting in sub-regulation (1.), after the word “may” (first occurring), the words “, on behalf of the Commonwealth,”; and

(b) by omitting from sub-regulation (2.) the words “a Minister” and inserting in their stead the words “the Commonwealth”.

 

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

Overview

The Statutory Rules 1941 No. 248, titled "Regulations Under the National Security Act 1939-1940," was enacted to address the urgent need for enhanced national security measures during the Second World War. Made under the authority of the Governor-General, acting on the advice of the Federal Executive Council, these regulations sought to bolster the administrative and operational capabilities of the Commonwealth in response to the heightened security concerns of the time. The policy objective was to provide the government with the necessary tools to swiftly and effectively manage threats to national security, thereby ensuring the safety and defence of Australia during the war. These regulations amended existing provisions under the National Security (General) Regulations to facilitate more stringent controls over various aspects such as the appointment of a Reviewing Authority for decision appeals, restrictions on the movements of suspected individuals, and the general control of navigation to support military operations.

Scope and Application

The Statutory Rules 1941 No. 248, made under the National Security Act 1939-1940, extend to the entire Commonwealth of Australia, providing a comprehensive framework for national security measures during a period of significant global conflict. These regulations apply to a broad range of persons and entities, including individuals, businesses, and vessels, by imposing restrictions and controls to safeguard national security interests. The regulations specifically address the appointment and powers of a Reviewing Authority to handle objections against certain decisions, movement restrictions on suspected individuals, the extension of deadlines for submitting applications under specific regulations, general control of navigation, provisions for passenger carriage and life-saving appliances in certain ships, and the taking possession of land on behalf of the Commonwealth. The application and enforcement of these regulations can be further extended or specified through subordinate instruments, ensuring the adaptability and effectiveness of the legislative framework in response to evolving security threats.

Key Provisions

The regulations (C1941L00248) under the National Security Act 1939-1940 introduce several key provisions that significantly amend the existing National Security (General) Regulations. One major change is the introduction of a Reviewing Authority (regulation 1) appointed by the Minister. This authority is responsible for reviewing decisions made under certain sub-regulations, receiving objections to these decisions within thirty days of their issuance or the regulation's commencement, and then deciding whether to confirm, revoke, or vary the decisions. The Reviewing Authority must act according to equity, good conscience, and the substantial merits of the case, without being bound by technicalities or legal forms (regulation 1(6)). The regulations impose several obligations on parties and entities governed by them. Firstly, any person dissatisfied with a decision made under specified sub-regulations must lodge an objection in writing with the relevant authority within the prescribed timeframe (regulation 1(2)). Secondly, the Reviewing Authority is tasked with examining these objections and making a decision based on the merits of the case, which must be communicated back to the original authority for implementation (regulation 1(3) and (4)). Additionally, a refusal by a permit-issuing authority to grant a permit is deemed a decision under these sub-regulations (regulation 1(4)). The Reviewing Authority is granted the same powers, rights, and privileges as a Commissioner under the National Security (Inquiries) Regulations (regulation 1(5)). Failure to comply with the provisions of these regulations can lead to various consequences. For instance, regulation 2 mandates that applications for certain permissions must be made within fourteen days of receiving ministerial approval notice. Similarly, regulation 3 allows an Advisory Committee to consider late applications if it is deemed not practicable for the applicant to meet the original deadline and the application is submitted as soon as practicable thereafter. Non-compliance with these timelines could potentially lead to the application being dismissed or other administrative consequences. Furthermore, the Minister has the authority to make navigation orders that include provisions for incidental and supplementary matters (regulation 4), and to specify the carriage of passengers and life-saving appliances in certain ships (regulation 5). Failure to comply with these orders could result in legal penalties or other enforcement actions. Finally, regulation 6 allows the Commonwealth to take possession of land, which could have significant implications for property owners and occupiers.

Legal classification tags

Area of Law
National Security Law
Instrument
Regulation
Concepts
Delegated & Subordinate Legislation
Offence Provisions
Prohibited Conduct
Review & Sunset Clauses

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.