STATUTORY RULES.
1945. No. 57.
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-sixth day of April, 1945.
HENRY
Governor-General.
By His Royal Highness’s Command,
J. B. CHIFLEY
for and on behalf of the Minister of
State for Defence.
Amendment of the National Security (General) Regulations.†
After regulation 71 of the National Security (General) Regulations the following regulation is inserted:—
Power to take occupation surveys.
“71a.—(1.) The Treasurer may, by order published in the Gazette, make provision for or in relation to requiring the furnishing to him or to any authority specified in the order, by or on behalf of any person, or persons generally or persons included in any class of persons, of information—
(a) concerning the occupation, employment or source of livelihood of that person or those persons; or
(b) which, in the opinion of the Treasurer, is necessary in order to enable the systematic recording and use of the information specified in the last preceding paragraph.
“(2.) An order under this regulation may contain such incidental and supplementary provisions as the Treasurer thinks fit.
“(3.) Documents, cards and papers for the purposes of any order made under this regulation may be transmitted through the post free of charge by any person performing official duties in connexion with the order.”.
* Notified in the Commonwealth Gazette on 27th April, 1945.
† Statutory Rules 1939, No, 87, as amended to date. For previous National Security (General) Regulations see footnote † to Statutory Rules 1943. No. 82, and see also Statutory Rules 1943, Nos. 88, 99, 123, 137, 224 and 278; 1944, Nos. 9, 19, 55, 83, 113 and 131; and 1945, Nos. 20, 40, 47 and 50.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
2031.—Price 3d.
Overview
Statutory Rules 1945 No. 57, issued under the National Security Act 1939-1943, was enacted by the Governor-General, acting on the advice of the Federal Executive Council, to address the need for comprehensive information gathering during wartime. The regulation was introduced to facilitate the systematic recording and use of occupational and livelihood data, which was deemed necessary for national security purposes. The policy objective of this legislative instrument was to empower the Treasurer to require the furnishing of specific information from individuals or classes of persons, thereby enabling more effective administration of national security measures during the Second World War. The regulation allowed for the creation of orders that could be published in the Gazette, specifying the details of the required information and any incidental provisions deemed necessary by the Treasurer.
Scope and Application
This statutory rule, issued under the National Security Act 1939-1943, empowers the Treasurer to mandate the provision of specific information concerning occupation, employment, or source of livelihood to either the Treasurer or a designated authority. This applies to any individual or groups of individuals, or specific classes of persons, as determined by the Treasurer. The rule allows for the systematic recording and use of this information, which may include any data deemed necessary by the Treasurer to facilitate national security objectives. The regulation extends to the issuance of orders through the Gazette, and it permits the use of postal services for the transmission of related documents free of charge by officials executing the order. The regulation's application is nationwide, reflecting its importance in the context of national security. There are no stated exclusions or thresholds within the regulation itself, although the scope and specifics of any orders may be further defined in subordinate instruments.
Key Provisions
The main operative sections of this regulation, inserted as section 71a in the National Security (General) Regulations, allow the Treasurer to require the provision of specific information concerning a person's occupation, employment, or source of livelihood (section 71a(1)). This requirement extends to any information deemed necessary for the systematic recording and use of such occupational information (section 71a(1)(b)). Orders made under this provision can be published in the Gazette and may include any incidental and supplementary provisions the Treasurer deems appropriate (section 71a(2)). Furthermore, any documents, cards, or papers related to these orders can be transmitted through the post free of charge by individuals performing official duties in connection with the order (section 71a(3)).
Under this regulation, the obligations imposed on the parties or entities it governs include the requirement to furnish specific information as directed by the Treasurer. This information pertains to the occupation, employment, or source of livelihood of individuals or classes of persons, as well as any additional information deemed necessary by the Treasurer for systematic recording and use. The regulation also facilitates the transmission of related documents through the post free of charge, thereby easing the administrative burden on those required to comply with the order.
Breach of the obligations set out in this regulation could lead to various consequences. Although specific penalties are not detailed in the text, under the National Security Act 1939-1943, penalties for non-compliance with regulations can include fines and imprisonment. The exact penalties would depend on the severity of the breach and the discretion of the courts. Failure to provide the required information or to comply with the terms of the order could result in civil or criminal proceedings being initiated against the non-compliant party.