STATUTORY RULES
1944. No. 55.
REGULATION UNDER THE NATIONAL SECURITY ACT 1939-1943.*
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 1939-1943.
Dated this twenty-third day of March, 1944.
GOWRIE
Governor-General.
By His Excellency’s Command,
H. V. EVATT
for and on behalf of the Minister of State for Defence.
Amendment of the National Security (General) Regulations. †
Power to arrest and hold in custody certain seamen.
Regulation 51a of the Rational Security (General) Regulations is amended—
(a) by omitting paragraphs (c) and (d) of sub-regulation (1.) and inserting in their stead the following paragraphs:—
“(c) refuses to perform his regular duties on board the ship on which he is under an obligation to serve or is insubordinate, wilfully disobeys a lawful command or otherwise neglects his duties; or
(d) induces or attempts to induce any other seaman to interfere in any way with the proper operation of the ship on which that other seaman is employed or has been offered or has accepted employment,”; and
(b) by adding at the end thereof the following sub-regulations:—
“(7.) Where any seaman is arrested in pursuance of any order under this regulation, the person effecting the arrest shall, within one hour after effecting the arrest
* Notified in the Commonwealth Gazette on 23rd March, 1944.
1877.—Price 3d.
(or, if the nearest telegraph office is not then open for business, within one hour after that telegraph office becomes open for business), telegraph to the Attorney-General or to the Solicitor-General, Canberra, a report setting out—
(a) the fact of the arrest, including the name and address of the person arrested;
(b) the name of the snip on which the seaman is or was under an obligation to serve;
(c) the name and address of the agent of the ship;
(d) the person by whom the order was issued; and
(e) the place where the seaman is held in custody.
“(8.) The agent of the ship on which a seaman so arrested last served shall, immediately on the expiration of seven days after the date of the arrest and, thereafter, immediately on the expiration of each subsequent period of seven days during which the seaman is held in custody, furnish a report in writing, to the Attorney-General or the Solicitor-General, Canberra, setting out the efforts made by the agent during the preceding period of seven days to enable the seaman to be released from custody.”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1944, No. 55, introduced under the National Security Act 1939-1943, was enacted by the Governor-General in Council to address specific issues related to the arrest and detention of seamen under national security regulations during the Second World War. This legislative instrument amends the National Security (General) Regulations to expand the circumstances under which a seaman could be arrested and held in custody, including refusal to perform regular duties or inducing others to interfere with the ship's operation. The policy objective of these amendments was to provide the government with enhanced powers to maintain maritime security and ensure the smooth operation of shipping essential to the war effort. The regulation mandates immediate notification to the Attorney-General or the Solicitor-General of any arrest and requires regular reporting by the ship's agent on efforts to secure the seaman's release.
Scope and Application
The regulation under the National Security Act 1939-1943 applies specifically to seamen who refuse to perform their regular duties, are insubordinate, wilfully disobey lawful commands, neglect their duties, or attempt to induce other seamen to interfere with the proper operation of the ship. These provisions are designed to ensure maritime operations are not disrupted during times of national security concern. The regulation mandates that any seaman arrested under its authority must be reported within a specific timeframe to the Attorney-General or the Solicitor-General in Canberra, with details of the arrest and the seaman's circumstances. Furthermore, the agent of the ship on which the seaman was last employed is required to provide periodic written reports on efforts made to secure the seaman's release from custody. These provisions underscore the importance of maintaining maritime operational integrity and the government's oversight in ensuring such standards are upheld during critical periods.
Key Provisions
The principal operative sections of this statutory regulation, made under the National Security Act 1939-1943, primarily focus on the amendment of Regulation 51a of the National Security (General) Regulations. Regulation 51a is amended to specifically address the grounds upon which a seaman can be arrested and held in custody (1). The regulation now includes refusal to perform regular duties, insubordination, wilful disobedience of lawful commands, neglect of duties, and inducing or attempting to induce other seamen to interfere with the proper operation of the ship as grounds for arrest (1(a)). Additionally, it mandates the procedure for reporting the arrest and detention of a seaman, requiring the arresting authority to notify the Attorney-General or the Solicitor-General within a strict timeframe (1(b)).
This Act imposes several obligations and requirements on parties involved. The person effecting the arrest of a seaman must telegraph a detailed report to the Attorney-General or the Solicitor-General within one hour of the arrest or, if the nearest telegraph office is not open, within one hour after it opens (1(7)). The report must include specific details such as the seaman's name and address, the ship's name, the ship agent's name and address, the person who issued the arrest order, and the location where the seaman is held. Furthermore, the ship agent is obligated to submit written reports to the Attorney-General or the Solicitor-General every seven days detailing the efforts made to secure the seaman's release from custody (1(8)).
The statutory regulation does not explicitly outline offences, penalties, or specific consequences for breach. However, the failure to comply with the mandated reporting requirements could potentially lead to legal repercussions, including administrative penalties or actions for non-compliance with statutory obligations. The exact nature and severity of these consequences would depend on the interpretation and enforcement by relevant authorities within the framework of the National Security Act 1939-1943 and other applicable laws.