National Security (General) Regulations (Amendment)

Overview

The Statutory Rules 1942 No. 49, made under the National Security Act 1939-1940, was enacted by the Governor-General in Council to address the urgent need for resources during the Second World War. This regulation, inserted as Regulation 59d into the National Security (General) Regulations, allows the Minister of State for Munitions to authorize individuals to access land and remove dead timber for the production of charcoal, a critical wartime resource, when the land owner refuses to grant such access. The regulation ensures that the timber cutter compensates the land owner and indemnifies for any damages caused during the removal of the timber. The policy objective is to facilitate the efficient procurement of essential materials for the war effort, thereby supporting the national security interests of Australia during a period of heightened conflict.

Scope and Application

The National Security (General) Regulations, amended through Statutory Rules 1942 No. 49, apply to any person or entity involved in transactions related to the production of charcoal from dead timber. Specifically, this regulation pertains to the Minister of State for Munitions, who has the authority to authorise a person to enter land and cut down or remove dead timber deemed suitable for charcoal production when the owner refuses to grant permission. The regulation’s jurisdiction extends throughout the Commonwealth of Australia and it is applicable to all land within the nation. It is important to note that this regulation does not specify exclusions or exemptions, but rather focuses on authorising actions when certain conditions are met. Furthermore, the regulation can be extended or restricted through subordinate instruments, providing flexibility in its application as required by the national security context.

Key Provisions

The main operative sections of this Statutory Rule, which is a regulation under the National Security Act 1939-1940, are contained in regulation 59d (subsections 1 to 5). Regulation 59d provides authority for the Minister of State for Munitions to authorize a person to enter land and remove dead timber if the owner has refused to grant permission to another person who requested it. This regulation allows for the Minister to authorize the removal of dead timber if it is suitable for the production of charcoal, provided that the terms for the authorization are deemed fair and reasonable by the Minister (subsection 1). The regulation also stipulates that no person shall obstruct another who is acting under this authorization (subsection 2). It further outlines that the price for the timber should be fixed by the Prices Commissioner under the National Security (Prices) Regulations (subsection 3). Additionally, the person removing the timber is required to take reasonable care to avoid damage to the land or to any persons, and must compensate anyone injured as a result of their actions (subsection 4). The term "the Minister" in this regulation refers specifically to the Minister of State for Munitions (subsection 5). Under this regulation, the obligations imposed on the parties involved include the responsibility of the Minister to assess the fairness and reasonableness of the terms under which the timber is to be removed, and to authorize the removal if satisfied with the terms. The owner of the dead timber is obliged to allow access to the land and the removal of the timber if authorized by the Minister, following a refusal to grant permission to another party. The person authorized by the Minister must comply with the terms of the authorization, take reasonable care to avoid causing damage, and provide compensation if damage does occur. The Prices Commissioner's role is to determine the price to be paid for the timber, ensuring it is set according to the National Security (Prices) Regulations. Failure to comply with the provisions of this regulation can result in civil or criminal consequences. While specific offences and penalties are not detailed in the regulation itself, it is implied that obstructing someone acting under the Minister's authorization (subsection 2) could constitute an offence. Additionally, failing to take reasonable care when removing timber or neglecting to compensate for any resultant damage could lead to civil liabilities. The maximum penalties for such breaches, if they are considered offences, would be in accordance with the broader legal framework under which the National Security Act 1939-1940 operates. However, it is important to note that the specific penalties would need to be sought in the relevant parts of the Act or other applicable laws.