National Security (General) Regulations (Amendment)

Legislation au C1942L00105 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1942. No. 105.

 

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 Sixth day of March, 1942.

(SGD.) GOWRIE

Governor-General.

By His Excellency’s Command,

for and on behalf of the

Minister of State for Defence Co-ordination.

 

Amendment of National Security (General) Regulations.†

Evacuation of areas.

Regulation 32 of the National Security (General) Regulations is amended—

(a) by omitting sub-regulations (1.) and (2.) and inserting in their stead the following sub-regulations:—

“(1.) The Minister, or any person authorized by the Minister to act under this regulation, may, if it appears to him to be necessary or expedient so to do in the interests of the defence of the Commonwealth or the efficient prosecution of the war, or for maintaining supplies and services essential to the life of the community, make, with respect to any area an order—

(a) prohibiting any person or class of persons from departing from that area without the permission of an authority or person specified in the order;

 

* Notified in the Commonwealth Gazette on , 1942.

† Statutory Rules 1939, No. 87, as amended by Statutory Rules 1939, Nos. 103, 174 and 177; Statutory Rules 1940, Nos. 8, 32, 34, 45, 67, 71, 90, 91, 93, 113, 118, 119, 120, 127, 171, 175, 187, 191, 243, 246, 261, 262, 263, 264 and 270; Statutory Rules 1941, Nos. 2, 8, 9, 40, 69, 112, 116, 125, 171, 174, 179, 208, 248, 266, 268, 274, 287, 291, 301 and 325; and 1942, Nos. 49, 56 and 67.

1524.—25/27.2.1942.—Price 3d.


(b) directing that after the time specified in the order, a person other than a person of a class so specified shall not be in that area without the permission of an authority or person so specified;

(c) authorizing any person or class of persons to depart from that area subject to any conditions specified in the order;

(d) directing any person or class of persons to depart from that area in accordance with any instructions contained in the order or issued in pursuance of the order;

(e) providing for the control, collection, removal or preparation for destruction, of any animals or things in that area which, in his opinion, would be useful to the enemy in the event of the area being occupied by an enemy;

(f) directing that such animals or things or classes of animals or things in that area as are specified in the order shall, by the time so specified, be removed from that area, or, if they cannot reasonably be so removed before that time, be destroyed or rendered useless so far as practicable, and that, after that time, animals or things or classes of animals or things so specified shall not be brought into the area, except with the permission of the authority or person specified in the order; or

(g) directing the destruction of any animals or things, in accordance with any instructions contained in the order or issued in pursuance of the order.

“(2.) Without affecting the generality of the last preceding sub-regulation, any order made under that sub-regulation—

(a) may make different provision with respect to different classes of persons, animals or things;

(b) may provide for exempting any person, animal or thing, or any class of persons, animals or things, from the operation of any of the provisions of the order;

(c) may prescribe the routes by which persons, animals or things, or any particular classes of persons, animals or things, are to depart or be removed from the area;

(d) may prescribe different times as the times by or at which different classes of persons, animals or things in the area are to depart or be removed therefrom;

(e) may prescribe the places to which persons are to proceed or animals or things are to be taken;

(f) may make different provision in relation to different parts of the area;


(g) may authorize any person or authority to take any action or give any directions necessary for the purposes of the order; and

(h) may contain such incidental and supplementary provisions as appear to the Minister or person making the order to be necessary or expedient for the purposes of the order.”; and

(b) by omitting sub-regulations (5.) and (6.) and inserting in their stead the following sub-regulations:—

“(5.) Where an order is made under this regulation requiring the doing of any act or thing by a specified time, the Minister or person by whom the order was made may, while the order is in force, take such action and give such directions as he considers to be necessary for the purpose of carrying out or giving effect to the order.

“(6.) When any order has been made in pursuance of sub-regulation (1.) of this regulation directing, with respect to any area, that after the time specified in the order a person other than a person of a class specified in the order shall not be in that area without the permission of an authority or person specified in the order, a person other than a person in that class shall not, after the time so specified, enter that area, or go on board any ship, aircraft or vehicle for the purpose of proceeding to that area, unless he has first obtained the permission of the authority or person specified in the order so to do.

“(7.) For the purposes of this regulation ‘thing’ includes a building, structure, installation, works, aerodrome, road, railway, mine, reservoir, or substance.”.

 

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

Overview

Statutory Rules 1942, No. 105, enacted under the National Security Act 1939-1940, was introduced by the Australian Federal Executive Council to address the pressing need for stringent measures to protect national security during World War II. This regulation, made by the Governor-General, provides the Minister with the authority to issue orders concerning the evacuation of specific areas, restriction of movement, and control of animals and property that could be of use to an enemy force. The overarching policy objective is to ensure the efficient prosecution of the war and the maintenance of essential supplies and services crucial for the community's survival. These regulations empower the Minister to impose various conditions on the movement of people and property, including prohibiting or authorizing departures, specifying routes and timings, and directing the destruction or removal of certain items deemed beneficial to the enemy.

Scope and Application

The regulation under the National Security Act 1939-1940 applies to any person, class of persons, animals, or things within specified areas designated by the Minister or an authorised person. These regulations are enacted to ensure the defence of the Commonwealth and the efficient prosecution of war, as well as to maintain essential supplies and services for the community. The geographic scope of these regulations is national, extending across all areas within the Commonwealth of Australia. The regulation provides extensive powers to the Minister or authorised individuals to make orders concerning the movement and control of people, animals, and things within these designated areas. The regulation allows for exemptions and specifies routes, times, and places for departure or removal. The regulation also empowers the Minister to take necessary actions and issue directions to enforce compliance with the orders. Subordinate instruments may further extend or restrict the application of these regulations as needed.

Key Provisions

The main operative sections of this Statutory Rule (Regulation No. 105) pertain to the amendment of Regulation 32 under the National Security (General) Regulations. Specifically, Regulation 32(1.) is amended to allow the Minister, or an authorized person, to make an order concerning any area if it is deemed necessary or expedient for defence purposes, the prosecution of war, or maintaining essential supplies and services. The regulation permits various actions, including prohibiting certain persons from leaving an area without permission, restricting entry to certain persons, authorizing specific persons or classes to leave, directing others to leave, controlling or destroying animals or things that might aid the enemy, and requiring the removal or destruction of specified animals or things within a set timeframe. Regulation 32(2.) further clarifies that such orders can be tailored to different classes of persons, animals, or things, exempt certain entities, specify routes and times for departures, designate destinations, and vary provisions across different parts of an area. Regulation 32(5.) allows the Minister or authorized person to take necessary actions to enforce the order, while Regulation 32(6.) prohibits unauthorized entry into an area after the specified time in the order. The obligations and requirements imposed by this regulation are primarily on the Minister or an authorized person to make orders as necessary for national security. These orders must be clear and specific, detailing what actions are required or prohibited within a designated area. The regulation also imposes obligations on individuals within the specified area to comply with the orders, including obtaining permission to enter or leave the area, adhering to the prescribed routes, times, and destinations, and ensuring the removal or destruction of specified animals or things as directed. Additionally, the regulation mandates that any person or authority authorized to take action under the order must do so in a manner that effectively implements the order's provisions. The Statutory Rule includes potential civil and criminal consequences for breaches of the orders made under this regulation. Although the specific penalties are not detailed within this regulation, it can be inferred that non-compliance with the orders could lead to legal repercussions. Typically, under the National Security Act 1939-1940, breaches of such regulations could result in fines or imprisonment, with the exact penalties depending on the severity of the breach and applicable laws at the time. Given the historical context of this regulation, during a time of war, penalties could have been more severe, reflecting the urgent and critical nature of national security measures.

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