National Security (General) Regulations (Amendment)

Legislation au C1942L00124 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1942. No. 124.

 

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 following Regulations under the National Security Act 1939-1940.

Dated this Twelfth

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.

 

Amendments of the National Security (General) Regulations.†

Prohibited places.

1. Regulation 4 of the National Security (General) Regulations is amended by adding at the end thereof the following sub-regulation:—

“(6.) The Minister may, if he thinks fit, in any order made under sub-regulation (1.) of this regulation, or by a separate order—

(a) specify any person or persons included in a class of persons as persons having lawful authority to enter, approach, inspect, pass over, or be in or in the neighbourhood of a prohibited place;

(b) authorize any officer or person to issue permits to enter, approach, inspect, pass over, or be in or in the neighbourhood of a prohibited place; or

(c) specify an officer or person to exercise and perform the powers and functions of the officer or person in charge of any prohibited place for the purposes of these Regulations.”.

 

* Notified in the Commonwealth Gazette on      , 1942.

† Statutory Rules 1939, No. 87, as amended by Statutory Rules 1939, Nos. 103, 174, 177; 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, 270; 1941, Nos. 2, 8, 9, 40, 69, 112, 116, 125, 171, 174, 179, 248, 266, 268, 274, 287, 291, 301 and 325; and 1942, Nos. 49, 56 and 67.

33.—25/19.2.1942.—Price 3d.


Means of secret communication.

2. Regulation 13 of the National Security (General) Regulations is amended by adding at the end thereof the following sub-regulation:—

“(6.) A person shall not, except under the authority of a written permit granted by the Postmaster-General, manufacture, buy, sell, let or have in his possession, any secraphone or other device for ensuring the secrecy of telephone conversations.”.

3. The National Security (General) Regulations are amended by inserting after regulation 31a the following regulation:—

False representations as to award of decorations, &c.

“31b.—(1.) A person shall not, in any manner whatsoever, falsely pretend, represent or hold out that he or any other person—

(a) was, or has been, recommended for an award of, or has been awarded, any naval, military or air force decoration; or

(b) has been mentioned in any naval, military or air force despatch; or

(c) holds or has held any command, appointment, office or commissioned or non-commissioned rank in any naval, military or air force; or

(d) has served in any naval, military or air force, in any campaign, battle, theatre of war or other naval, military or air force operation.

“(2.) For the purpose of this regulation—

‘naval, military or air force’ means any naval, military or air force of the Commonwealth or of any other part of the King’s Dominions or of any Power allied or associated with His Majesty in any war in which His Majesty is engaged; ‘decoration’ means any decoration, medal, badge, clasp, bar or other honour conferred on members of a naval, military or air force for valor, distinguished conduct or service, long service, good conduct, devotion to duty, efficiency or any other reason whatsoever.”.

4. The National Security (General) Regulations are amended by inserting before regulation 41 the following regulation:—

Looting and kindred offences.

“40a.—(1.) In any area which has been subjected to attack by the enemy, whether by means of aircraft or otherwise, or in any area to which this regulation has been applied by order of the Minister of State for the Army, a person shall not—

(a) steal any article from premises which have been damaged by war operations or vacated by reason of attack by the enemy or in consequence of any authorized directions given for the purpose of meeting or hindering any actual or apprehended attack by the enemy or of protecting persons and property from the dangers involved in any such attack;

(b) steal any article which has been left exposed or unprotected as a consequence of war operations; or

(c) enter any premises, damage any property, assault any person, or be found with any offensive weapon or housebreaking instrument, with intent to commit any offence punishable by imprisonment.


“(2.) The Minister of State for the Army may by order direct that this regulation shall apply to any area in which, in his opinion, there is, or is likely to be, special difficulty in preserving public order by reason of any measures taken for the purpose of meeting or hindering any actual or apprehended attack by an enemy.

“(3.) In this regulation the expression ‘authorized directions’ means any order or directions made or given in the exercise of powers conferred by these Regulations or made or given by any officer of the Defence Force.”.

Power to provide for execution of works by State constructional bodies or authorities.

5. Regulation 59c of the National Security (General) Regulations is amended by omitting all the words from and including the words “the Minister” and inserting in their stead the words “a Minister may make arrangements with any constructional body or authority constituted or appointed by or under the laws of any State or Territory of the Commonwealth for the execution of the work by that body or authority, and the powers and functions of any such body or authority shall, by virtue of this regulation, be enlarged to such extent as is necessary to enable it to enter into any arrangements so made and to execute the work (whether within the State or Territory or in any other part of Australia) for and on behalf of the Commonwealth.

 

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

Overview

The Statutory Rules 1942 No. 124, titled "Regulations Under the National Security Act 1939-1940," was enacted by the Governor-General, in accordance with the Federal Executive Council, on 12 March 1942. This legislative instrument was introduced to address the urgent national security concerns during World War II, particularly focusing on protecting sensitive areas, preventing the misuse of communication devices, deterring false representation of military honours, and prohibiting looting in war-affected areas. The objective of these regulations was to provide the government with the necessary tools to enforce stringent security measures to safeguard the nation's interests during the war. The regulations were designed to be flexible and responsive to the evolving situation, allowing the Minister of State for Defence Co-ordination to make necessary amendments and orders to effectively manage and mitigate security risks.

Scope and Application

The Statutory Rules 1942, No. 124, made under the National Security Act 1939-1940, amend the National Security (General) Regulations to enhance the Commonwealth's ability to manage security during wartime. These regulations apply to all individuals and entities within the Commonwealth of Australia, affecting their conduct and transactions in various sectors, including communications, military representation, and property protection in war-affected areas. The geographic scope is national, with the regulations extending to any area in Australia that the Minister of State for the Army deems necessary to apply them, particularly in response to enemy attacks. The amendments provide the Minister with additional powers to manage prohibited places, control the possession of devices that ensure the secrecy of telephone conversations, prevent false representations regarding military awards and service, address looting and related offenses in war-affected areas, and delegate the execution of certain works to state constructional bodies or authorities. These regulations do not explicitly state exclusions or thresholds but allow for flexibility through orders made by the Minister.

Key Provisions

The Statutory Rules 1942, No. 124, under the National Security Act 1939-1940, introduce several amendments to the National Security (General) Regulations. Firstly, Regulation 4 is amended to allow the Minister to specify individuals or classes of individuals who have lawful authority to enter or inspect prohibited places (sub-regulation 4(6)(a)). The Minister may also authorise officers or persons to issue permits for such activities or designate specific officers to perform the duties of those in charge of prohibited places (sub-regulation 4(6)(b) and (c)). Secondly, Regulation 13 is amended to prohibit the possession, manufacture, buying, selling, or letting of devices like secraphones for ensuring the secrecy of telephone conversations, unless authorised by a written permit from the Postmaster-General (sub-regulation 13(6)). Thirdly, a new regulation, 31b, is introduced to prohibit false representations regarding military decorations, mentions in despatches, or military service (sub-regulation 31b(1)). Fourthly, a new regulation, 40a, makes it an offence to steal articles from damaged premises or those exposed due to war operations, enter premises with intent to commit an offence, damage property, assault a person, or possess offensive weapons or housebreaking instruments in areas subjected to enemy attack or as designated by the Minister of State for the Army (sub-regulation 40a(1)). Lastly, Regulation 59c is amended to allow a Minister to arrange for state constructional bodies or authorities to execute works on behalf of the Commonwealth (sub-regulation 59c as amended). These regulations impose several obligations on individuals and entities. Individuals must comply with the restrictions on entering or inspecting prohibited places, possessing secret communication devices, and making false representations about military service or decorations. They are also required to obtain necessary permits for certain activities. The Minister has the authority to specify who can enter prohibited areas and to issue permits for secret communication devices. Additionally, state constructional bodies or authorities must be willing to enter into arrangements with the Commonwealth for executing works as directed. Compliance with these regulations is crucial to maintain national security and public order during times of conflict. Breaches of these regulations can result in various civil or criminal consequences. For instance, manufacturing, buying, selling, or possessing devices for ensuring the secrecy of telephone conversations without a permit from the Postmaster-General can lead to legal penalties. Similarly, falsely representing military service or decorations can attract legal consequences. Engaging in activities such as stealing from damaged premises, damaging property, assaulting individuals, or possessing offensive weapons or housebreaking instruments in designated areas can result in criminal charges. While the specific penalties are not detailed in the regulations, they can include fines, imprisonment, or both, depending on the severity of the offence and the relevant laws in place at the time.

Legal classification tags

Area of Law
National Security Law
Instrument
Regulation
Concepts
Regulatory Standards
Prohibited Conduct
Offence Provisions
Catchwords
Looting and kindred offences
False representations as to award of decorations, &c.

Interactions

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.