STATUTORY RULES.
1940. No. 243.
REGULATION 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 Regulation under the National Security Act 1939-1940.
Dated this fifth day of November, 1940.
Governor-General.
By His Excellency’s Command,
Minister of State for Defence Co-ordination.
Amendment of the National Security (General) Regulations.†
After regulation 15 of the National Security (General) Regulations, the following regulation is inserted:—
“Undeliverable postal articles addressed to members of the Forces.
15a. Postal articles, other than letters, post cards and commercial papers, which have been sent from Australia addressed to any member of any Naval, Military or Air Force raised in Australia for service outside Australia and which are unclaimed by, or cannot be delivered to, the addressee outside Australia may be dealt with and their contents disposed of as the Minister directs.”.
* Notified in the Commonwealth, Gazette on , 1940.
† Statutory Rules 1939, No. 87, as amended by Statutory Rules 1939, Nos. 103, 174 and 177; and 1940, Nos. 8, 32, 34, 45, 67, 71, 90, 91, 93, 113, 118, 119, 120, 127, 171, 175, 187 and 191.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra
5999.—6/2.10.1940.—Price 3d.
Overview
The Statutory Rules 1940 No. 243, made under the National Security Act 1939-1940, was enacted to address the logistical challenges of managing undeliverable postal articles sent to members of the Australian military forces serving overseas during World War II. The regulation was introduced to ensure that postal items intended for service personnel that could not be delivered due to their location could be managed effectively. The enacting body, the Governor-General in Council, issued this regulation to provide the Minister with the authority to direct the handling and disposal of these items, thereby maintaining operational efficiency and supporting the war effort. The policy objective of the regulation was to streamline the postal system and ensure that resources were not wasted on items that could not reach their intended recipients.
Scope and Application
The Statutory Rules 1940, No. 243, made under the National Security Act 1939-1940, amend the National Security (General) Regulations to address undeliverable postal articles sent to members of the Australian Naval, Military, or Air Forces serving outside Australia. These regulations apply to any postal items other than letters, postcards, and commercial papers, which are sent from Australia to military personnel but remain unclaimed or undeliverable due to their deployment abroad. The Minister is empowered to direct how these undeliverable items should be handled and their contents disposed of. The jurisdictional reach of these regulations is national, applying across the Commonwealth of Australia, and they are intended to manage logistical challenges posed by the geographical separation of service members from their home base. There are no stated exclusions or exemptions within the scope of this regulation, which effectively allows the Minister to provide comprehensive direction on the handling of postal items directed to Australian service members overseas. The regulation extends the application of the National Security (General) Regulations, ensuring that undeliverable postal matters do not pose logistical or security issues during wartime.
Key Provisions
The Statutory Rules 1940, No. 243, amend the National Security (General) Regulations by inserting a new regulation (regulation 15a) concerning the handling of postal articles sent to members of the Australian military forces serving outside Australia. According to regulation 15a, postal items other than letters, postcards, and commercial papers sent to Australian service members that are undeliverable or unclaimed may be dealt with and their contents disposed of as directed by the Minister (section 1). This means that items such as parcels, packages, or other non-standard mail that cannot be delivered to the intended recipient because they are overseas or otherwise unclaimable can be managed in a manner specified by the Minister. This provision likely aims to ensure that such items are appropriately handled, either by destruction, storage, or another method, in the interest of national security or logistical efficiency.
The obligations under this regulation are placed upon postal services and potentially other entities involved in the delivery process. They are required to ensure that any undeliverable postal articles are reported to the relevant authorities, specifically the Minister, who has the authority to direct how these items should be managed. This could involve coordination with military logistics or other governmental bodies to determine the appropriate course of action for each item. Additionally, entities must comply with the Minister's directives regarding the disposal or handling of these postal articles.
Failure to comply with the provisions of this regulation or the Minister's directions could result in legal consequences, although the specific nature of these consequences is not explicitly detailed in the regulation itself. Typically, breaches of statutory regulations related to national security and postal services could lead to administrative penalties, fines, or other legal actions under the relevant legislation. The exact penalties would depend on the specific breach and the broader legal framework governing such actions. It is important for entities involved in postal services and military logistics to adhere to these regulations to avoid any legal repercussions.