National Security (Hide and Leather Industries) Regulations (Amendment)

Overview

The Statutory Rules of 1940, No. 249, issued under the National Security Act 1939-1940, are regulations made by the Governor-General in accordance with the Federal Executive Council's advice. This legislative instrument was enacted to address a specific need within the National Security framework by amending the National Security (Hide and Leather Industries) Regulations. The problem it aimed to solve was the need to ensure continuity and operational efficiency within Appraisement Committees, which were tasked with assessing and appraising the hide and leather industries. This regulation allows the Minister to appoint deputies for members of these committees, empowering them to act on behalf of their respective members during their absence or illness, thus maintaining the committees' functionality and effectiveness. The policy objective behind this regulation is to provide a structured mechanism for the seamless operation of Appraisement Committees in the national interest during a period of heightened security concerns.

Scope and Application

The statutory rules, specifically Statutory Rules 1940 No. 249, pertain to amendments made under the National Security Act 1939-1940, impacting the National Security (Hide and Leather Industries) Regulations. These regulations apply to the members of Appraisement Committees within the hide and leather industries, aiming to ensure that these industries are functioning effectively and efficiently in line with national security interests. The regulations extend their reach to encompass the entire Commonwealth of Australia, thereby affecting all entities involved in the hide and leather industries across the nation. The amendments introduced by this statutory rule allow for the appointment of deputies to members of these committees, who can assume the powers of their appointing members in cases of illness or absence. This provision ensures that the operations of the committees remain uninterrupted and that the regulatory framework can be effectively implemented, regardless of the personal circumstances of the members. The statutory rules do not specify any exclusions or thresholds in the context of these appointments, thereby applying uniformly across all relevant committee members.

Key Provisions

The main operative sections of the Statutory Rules 1940, No. 249, under the National Security Act 1939-1940, involve the amendment of the National Security (Hide and Leather Industries) Regulations. Specifically, regulation 12a (section 1) introduces provisions regarding the appointment of deputies for members of Appraisement Committees. According to this regulation, the Minister has the authority to appoint a representative, who shares the same interests as the member, as a deputy for each member of an Appraisement Committee. The regulation goes on to state that in the event of the member’s illness or absence, the appointed deputy will have all the powers of that member during their illness or absence (section 2). It is important to note that the appointment of a deputy, and any actions taken by the deputy, cannot be challenged in any proceedings on the basis that the occasion for the appointment had not arisen or had ceased (section 3). The Act imposes specific obligations and requirements on the Minister and the appointed deputies of the members of Appraisement Committees. The Minister is required to appoint a deputy for each member of the Committee, ensuring that the deputy represents the same interests as the member (section 1). Additionally, the appointed deputies are required to exercise the same powers as the members during any period of the members’ illness or absence, without question (section 2). This regulation ensures that the functions and duties of the Appraisement Committees can continue uninterrupted in the event of a member's absence or illness. The Statutory Rules 1940, No. 249, do not explicitly state any offences, penalties, or consequences for breach of the regulation. However, any actions taken by the appointed deputy that exceed the scope of their authority or are otherwise unlawful could potentially be subject to legal challenge or other consequences under general legal principles. It is important to note that the regulation itself provides a safeguard against questioning the validity of the deputy’s appointment and actions in any proceedings, thereby protecting the continuity of the Committee's functions.