National Security (General) Regulations (Amendment)

Overview

The Regulations Under the National Security Act 1939 were enacted in 1940 to address critical national security concerns during a time of heightened global conflict. This legislative instrument was made under the authority of the Governor-General, acting on the advice of the Federal Executive Council, in response to the pressing need to safeguard national interests and protect maritime operations within Australian ports. The regulations specifically focus on controlling access to enclosed wharves, picking-up places, and merchant vessels lying in port by requiring written permits for entry, with the aim of maintaining security and order in these sensitive areas. These regulations reflect the policy objective of ensuring that only authorised personnel can access specified maritime locations, thereby mitigating potential security risks.

Scope and Application

The National Security (General) Regulations, as amended by these statutory rules, pertain to the regulation of access to enclosed wharves, picking-up places, and merchant vessels lying in Australian ports. These regulations apply to any person, except for specific categories such as the master, crew, or passengers of merchant vessels who may use a written pass issued by the vessel's owner or agent. The regulations are designed to control and restrict entry to these sensitive areas to ensure national security, particularly in times of heightened alert such as wartime. The geographic scope of these regulations is nationwide, covering all ports within the Commonwealth of Australia. They are enforced by any constable or Commonwealth officer, who have the authority to remove individuals found in violation of these provisions without prejudice to further legal proceedings. Permits to access these areas can be issued by the Assistant Secretary of the Department of Commerce (Marine), the Deputy Director of Lighthouses and Navigation in the relevant state, or any Commonwealth officer authorised by these officials. These permits can be subject to specific conditions and are revocable at the discretion of the issuing authority. The regulations do not explicitly state any exclusions or exemptions, but the authority to issue permits allows for certain flexibility in application.

Key Provisions

The primary operative sections of the Statutory Rules 1940, No. 93 under the National Security Act 1939, are sections 7a(1) through 7a(7). Section 7a(1) mandates that a written permit is required for individuals to enter or remain on enclosed wharves, picking-up places, or merchant vessels lying in port, or to approach within fifty feet of such vessels in a boat. Exceptions are made for the master, crew members, or passengers of a merchant vessel who can use an approved written pass. Section 7a(2) specifies that these passes must be issued by the owner or agent of the vessel and approved by relevant authorities. Section 7a(3) identifies the officials authorized to issue permits, while section 7a(4) allows these permits to include conditions and restrictions and to be revoked at any time. Section 7a(5) requires permit holders to adhere to all conditions and restrictions, and to surrender the permit upon revocation. Section 7a(6) allows for the removal of any person found in contravention of these regulations by a constable or Commonwealth officer. Finally, section 7a(7) provides definitions for "enclosed wharf" and "picking-up place." These regulations impose several obligations and requirements on the parties they govern. Firstly, any person wishing to enter or remain on an enclosed wharf, picking-up place, or merchant vessel lying in port must obtain a written permit from the appropriate authority unless they fall under the exceptions outlined in section 7a(2). The permit must be issued by an authorized official as per section 7a(3), and the holder must comply with all conditions and restrictions of the permit. If a permit is revoked, the holder must immediately surrender it to the officer who revoked it, as per section 7a(5). Additionally, any person found in contravention of these regulations can be removed from the restricted area by a constable or Commonwealth officer without prejudice to any further proceedings, as per section 7a(6). The legislation also outlines specific offences and penalties for breaches. While the statutory rules do not explicitly state maximum penalties, contraventions of these regulations can lead to removal from the restricted area by a constable or Commonwealth officer. Further, the broader National Security Act 1939 provides a framework within which additional penalties and enforcement actions can be pursued. These may include fines, imprisonment, or other sanctions depending on the nature and severity of the breach.