STATUTORY RULES.
1944. No. 131.
REGULATIONS 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 Regulations under the National Security Act 1939-1943.
Dated this thirty-first day of August, 1944.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
(Sgd.) F. M. FORDE
for and on behalf of the Minister of State for Defence.
Amendments of the National Security (General) Regulations.†
Determination of compensation
1. Regulation 60e of the Rational Security (General) Regulations is amended—
(a) by inserting in sub-regulation (2.) after the word “month” the words “or such further time as the Minister allows”; and
(b) by inserting in sub-regulation (3.) after the word “month” the words “or such further time as the Minister allows”.
Applications for review.
2. Regulation 60g of the National Security (General) Regulations is amended by omitting from sub-regulation (1.) the words “fourteen days” (wherever occurring) and inserting in their stead the words “one month”.
* Notified in the Commonwealth Gazette on , 1944.
† 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; and 1944, Nos. 9, 19, 55 and 83.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
3817.—Price 3d. 11/19.6.1944.
Overview
The Statutory Rules 1944 No. 131, enacted on August 31, 1944, are Regulations made under the National Security Act 1939-1943 by the Governor-General in Council, on behalf of the Minister of State for Defence. These regulations were introduced to amend the National Security (General) Regulations and address specific administrative gaps identified in the context of national security measures during wartime. The primary aim of these amendments was to provide greater flexibility in the application of compensation and review processes by allowing the Minister to determine the time frames for these actions, thereby enhancing the efficiency and responsiveness of the national security framework. This legislative instrument was issued under the authority of the Commonwealth Government Printer, ensuring its formal enactment and distribution.
Scope and Application
The Statutory Rules of 1944, No. 131, which constitute the Regulations under the National Security Act 1939-1943, are designed to amend the National Security (General) Regulations. These regulations pertain to individuals and entities affected by national security measures, including those involved in activities deemed prejudicial to national security. The application of these regulations is jurisdictional, applying across the Commonwealth of Australia as governed by the federal authority. The scope of the amendments primarily focuses on modifying the timelines and conditions for compensation and review processes under the National Security (General) Regulations. Notably, Regulation 60e is altered to extend the period for compensation claims beyond the initially stipulated month to a duration set by the Minister, while Regulation 60g extends the review application period from fourteen days to one month. These amendments seek to provide greater flexibility and potentially more favourable conditions for those affected by national security measures. There are no explicit exclusions or thresholds mentioned in the provided text, but the application of these regulations remains subject to the overarching provisions of the National Security Act 1939-1943 and any further subordinate instruments that may be issued.
Key Provisions
The Regulations under the National Security Act 1939-1943, specifically amending the National Security (General) Regulations, introduce modifications primarily concerning compensation determination and application review timelines. Regulation 60e(2) and (3) are amended to allow the Minister to extend the timeframe for determining compensation beyond the initially stipulated one-month period (Regulation 60e(2)). The Minister is now empowered to allow further time as deemed necessary, thereby offering flexibility in handling compensation claims under national security provisions. Additionally, Regulation 60g(1) has been altered to extend the period within which an application for review can be made from fourteen days to one month (Regulation 60g(1)). This change aims to ensure that affected parties have a more reasonable timeframe to seek judicial review of decisions made under the national security framework.
The Act imposes specific obligations on the Minister for Defence, who is now tasked with making determinations regarding compensation under Regulation 60e. This includes the authority to extend the timeframe for such determinations, ensuring that the process is thorough and fair. Furthermore, the Minister must facilitate and oversee the review process under Regulation 60g, allowing for a one-month window for applications to be submitted. These obligations ensure that the Minister's role is both proactive and responsive, balancing the need for efficient national security measures with the rights of individuals potentially affected by such measures.
Failure to comply with the provisions set out in these Regulations can result in various legal consequences. While the specific offences and penalties are not detailed within the Regulations themselves, breaches of national security laws generally carry severe penalties, including fines and imprisonment. The overarching National Security Act 1939-1943 outlines these penalties, which can be substantial, reflecting the gravity of national security matters. It is also worth noting that any failure to adhere to the timelines or processes mandated by these Regulations could lead to judicial review or other legal challenges, further underscoring the importance of compliance.