National Security (General) Regulations (Amendment)

Legislation au C1942L00402 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1942. No. 402.

 

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 fallowing Regulations under the National Security Act 1939-1940.

Dated this eighteenth day of September 1942.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

for and on behalf of the Minister of State for Defence Co-ordination.

 

Amendments of the National Security (General) Regulations.†

Amendment of regulations 53, 54 and 55.

1. Regulations 53, 54 and 55 of the National Security (General) Regulations are amended by omitting the words “a Minister” (whereever occurring) and inserting in their stead the words “the Minister of State for the Army.”

2. After regulation 55 of the National Security (General) Regulations the following regulation is inserted:—

Compensation for the acquisition of lands on which improvements have been made by the Commonwealth.

“55aa. Where any of the powers conferred by or under regulation 53, 54 or 55 of these Regulations has been exercised in relation to any land, and the land is later compulsorily acquired in pursuance of any law of the Commonwealth or of a Territory of the Commonwealth, the value of the land shall, for the purpose of fixing the compensation to which any person is entitled under that law in respect of the acquisition, be assessed without reference to any increase in value arising from anything done on or in relation to the land by or on behalf of the Commonwealth or the Administration of the Territory or by or on behalf of any authority of the Commonwealth or the Territory.”.

 

* Notified in the Commonwealth Gazette on , 1942.

† Statutory Rules 1939, No. 87, as amended to this date. For previous amendments see note † to Statutory Rules 1942, No. 374.

6670.—Price 3d. 25/17.9.1942.


3. Regulation 60b of the National Security (General) Regulations is repealed and the following regulation inserted in its stead:—

Definition.

“60b.—(1.) In regulations 60c to 60j (both inclusive), 60l and paragraph (d) of regulation 60m of these Regulations, ‘the Minister’ means—

(a) in relation to claims for compensation by reason of anything done in pursuance of regulations 53, 54 or 55 of these Regulations, or of any order made thereunder, the Minister of State for the Army; and

(b) in relation to claims for compensation by reason of anything done in pursuance of any other of the provisions mentioned in regulation 60d, the Minister by whom or by whose authority or direction the thing in respect of which the claim arose was done,

and, in regulations 60c to 60g (both inclusive), regulation 60j and paragraph (d) of regulation 60m includes the person who, being authorised in writing by the Minister so to do, did the act which is the subject matter of the claim for compensation, or made the order in pursuance of which the act was done.”.

Claims for compensation.

4. Regulation 60d of the National Security (General) Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “one month” (second and third occurring) and inserting in their stead the words “two months” ; and

(b) by inserting in sub-regulation (6.), after the word “Commonwealth”, the words “or of any country allied or associated with His Majesty in the present war”.

Determination of compensation.

5. Regulation 60E of the National Security (General) Regulations is amended—

(a) by omitting from sub-regulation (2.) the words “fourteen days” and inserting in their stead the words “one month”;

(b) by omitting from sub-regulation (2.) the words “by the Minister”;

(c) by omitting from sub-regulation (3.) the words “fourteen days” and inserting in their stead the words “one month”;

(d) by omitting from sub-regulation (3.) the words “by the Minister”; and

(e) by omitting sub-regulation (4.) and inserting in its stead the following sub-regulations:—

“(4.) If a notice in pursuance of sub-regulation (1.) of this regulation is not served on the claimant within two months after he makes a claim under regulation 60d of these Regulations, the claimant may by notice served personally or by post request the Minister to refer the claim to a Compensation Board.

“(5.) Where the Minister has been requested to refer a claim to a Compensation Board, the Minister shall as soon as practicable forward the claim to a Compensation Board, together with a notice stating the address at which notices may be served by the Board on the Minister.”.


Applications for review.

6. Regulation 60g of the National Security (General) Regulations is amended—

(a) by inserting in sub-regulation (8.), after the words “claimed is”, the words “wholly or partly”; and

(b) by adding at the end thereof the words “(or if the claim is in respect of a period, of less than one year, for such lesser period), together with the amount of any other items in the claim.”.

Compensation Boards.

7. Regulation 60l of the National Security (General) Regulations is amended by omitting sub-regulation (5.) and inserting in its stead the following sub-regulation :—

“(5.) There may be paid to any member of a Compensation Board and to any assessor such remuneration (if any) for his services and such travelling allowances (if any) as the Minister directs.”.

 

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

Overview

The Statutory Rules 1942 No. 402, made under the National Security Act 1939-1940, were enacted to address issues related to compensation for land acquisitions during wartime. This legislative instrument, issued by the Governor-General in Council, amends the National Security (General) Regulations to provide clearer guidance on the compensation process for lands used by the Commonwealth, particularly in the context of national security measures. The primary objective is to ensure that compensation for land acquired under the act is determined fairly, without considering any improvements made by the Commonwealth, and to streamline the process for compensation claims by extending the time frames for claims and reviews, as well as establishing compensation boards to handle such matters.

Scope and Application

The Statutory Rules 1942, No. 402, which amend the National Security (General) Regulations under the National Security Act 1939-1940, apply to the conduct and transactions of individuals and entities that are subject to the provisions of the National Security Act, specifically in relation to claims for compensation arising from actions taken under the authority of the Act. These regulations have a Commonwealth jurisdiction and are applicable across Australia, impacting any person or entity affected by the exercise of powers under the Act, including those who have experienced the compulsory acquisition of land by the Commonwealth or a Territory. The scope of the amendments extends to defining the Minister responsible for handling compensation claims, adjusting timelines for claim submissions and determinations, and specifying the conditions under which compensation is assessed. The regulations do not explicitly state exclusions or thresholds, but they do provide a framework for the administration of compensation claims, which is subject to further detail and clarification through subordinate instruments that may extend or restrict their application.

Key Provisions

The main operative sections of these regulations include amendments to regulations 53, 54, and 55 of the National Security (General) Regulations (subsections 1 and 2), and the insertion of a new regulation 55aa (subsection 2). These amendments concern the assessment of compensation for land acquired by the Commonwealth, specifically ensuring that any increase in value due to Commonwealth activities is not considered when calculating compensation. Regulation 60b is repealed and replaced with a new definition clause (subsection 3). The regulations also modify the time frames for making claims and the role of the Minister in compensation processes (subsections 4 and 5). Furthermore, regulation 60E is amended to introduce new procedures for referring claims to a Compensation Board (subsection 5). Lastly, regulation 60g is amended to allow for partial compensation claims (subsection 6), and regulation 60l is altered to allow for the remuneration of Compensation Board members and assessors (subsection 7). These regulations impose several obligations and requirements on parties involved in the acquisition of land by the Commonwealth and the subsequent compensation process. Firstly, they require that when land is compulsorily acquired by the Commonwealth, the value of the land for compensation purposes must exclude any increase in value due to Commonwealth activities (regulation 55aa). Secondly, the Minister of State for the Army is designated as the authority responsible for compensation claims related to regulations 53, 54, and 55, and other claims as defined in regulation 60b (subsections 3 and 4). Thirdly, claimants are required to submit their compensation claims within two months of the event giving rise to the claim (subsection 4(a)). Additionally, the Minister must refer claims to a Compensation Board if a claimant requests it within two months of the claim being made and if the Minister does not respond within that time frame (subsection 5(4) and (5)). Compensation Boards are also required to be compensated for their services and travel allowances as directed by the Minister (subsection 7). The regulations outline several consequences for non-compliance or breaches. Firstly, failure to adhere to the specified time frames for submitting claims or for the Minister to respond to a request for referral to a Compensation Board could result in delays or denial of compensation. Secondly, the Minister's failure to refer a claim to a Compensation Board when requested by the claimant could lead to potential disputes or legal challenges. Thirdly, Compensation Boards must be compensated as directed by the Minister, and failure to do so could result in disputes over remuneration and allowances. The specific penalties for non-compliance are not detailed within these regulations but would likely be addressed under broader legal provisions related to the administration of compensation and regulatory compliance.

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Area of Law
National Security Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Compensation Provisions
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