STATUTORY RULES.
1943. No. 101.
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 nineteenth day of April, 1943.
GOWRIE
Governor-General.
By His Excellency’s Command,
E. J. WARD
for and on behalf of the Minister of State for Defence.
Amendments of the National Security (Holidays and Annual Leave) Regulations.†
Except as prescribed, persons not to be absent from work.
1. Regulation 5 of the National Security (Holidays and Annual Leave) Regulations is amended by inserting in the definition of “employee” in sub-regulation (9.), after the words “munitions of war”, the words “, or who is engaged in connexion with the construction of works for defence purposes or of works declared by the Minister to be essential for the defence of the Commonwealth”.
2. After regulation 5a. of the National Security (Holidays and Annual Leave) Regulations the following regulation is inserted:—
Prohibition of organized meetings for competitive contest, &c., on certain days.
“5b.—(1.) A person shall not on any day to which regulation 5 of these Regulations applies hold or conduct, or cause or permit to be held or conducted, any organized meeting for the purpose of carrying on any competitive contest, game or sport.
“(2.) A person who is the owner, lessee or occupier of, or has control of, any ground, building or other place, shall not cause, permit or suffer to be held therein or thereon any meeting in violation of, or contrary to, these Regulations.”.
* Notified in the Commonwealth Gazette on 19th April, 1943.
† Statutory Rules 1942, No. 418, as amended by Statutory Rules 1942, No. 541; and Statutory Rules 1943, Nos. 19, 47, 61 and 89.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
2470.—Price 3d.
Overview
The Statutory Rules 1943 No. 101, titled "Regulations under the National Security Act 1939-1940", were enacted to address the need for strict control over work and public activities during times of national emergency, particularly in relation to World War II. This legislation was introduced by the Governor-General in accordance with the Federal Executive Council and aimed to ensure that essential work and national security measures were prioritised over leisure activities. The regulations amend previous provisions concerning holidays and annual leave, specifically targeting employees engaged in defence-related activities and prohibiting organised meetings for competitive contests on specified days to maintain workforce availability and public order during critical periods of national security.
Scope and Application
The Regulations under the National Security Act 1939-1940 apply to persons who are employed in sectors critical to national security, specifically those engaged in the production of munitions of war or the construction of works deemed essential for the defence of the Commonwealth. These regulations also extend to individuals who are responsible for premises where activities contrary to these regulations might occur. The regulations have a broad jurisdictional reach, applying across the Commonwealth of Australia, and are intended to ensure that essential personnel remain available for work during times of national security concern. Notably, the regulations prohibit the holding or permitting of organised meetings for competitive contests, games, or sports on specified days, aiming to maintain workforce availability and focus on critical defence-related activities. The regulations do not specify any exclusions or exemptions, and their enforcement is complemented by the authority to issue subordinate instruments as necessary.
Key Provisions
The key operative sections of these Regulations amend the National Security (Holidays and Annual Leave) Regulations, particularly focusing on the definition of "employee" and introducing a new prohibition on certain activities on specified days. Under regulation 1, the definition of "employee" in sub-regulation (9.) is expanded to include those engaged in the construction of defence-related works or those involved in works declared essential for the defence of the Commonwealth (National Security (Holidays and Annual Leave) Regulations, 1942). This amendment ensures that more workers are subject to the regulations governing holidays and annual leave, reflecting the broader scope of activities considered critical to national security. Regulation 2 introduces a prohibition on organised meetings for competitive contests, games, or sports on certain days covered by regulation 5 of the main Regulations (National Security (Holidays and Annual Leave) Regulations, 1942). This includes a specific duty on owners, lessees, occupiers, or those in control of premises to prevent such meetings from occurring on restricted days.
The Regulations impose specific obligations on parties and entities they govern. Employees within the expanded definition, as well as those who own, lease, occupy, or control premises, are required to comply with the restrictions on absences from work and the prohibition on holding or permitting organised competitive events on specified days. This includes ensuring that no activities contrary to the Regulations take place on their premises. Failure to adhere to these obligations could result in legal consequences, as outlined in the subsequent sections.
There are no explicit offences or penalties stated in the text of these Regulations. However, breaches of the prohibition on organised meetings for competitive contests, games, or sports on certain days could potentially lead to civil or criminal consequences under other relevant legislation, such as the National Security Act 1939-1940 or other applicable laws. The maximum penalties for breaches would depend on the specific provisions of those broader laws. The Regulations focus on the definitional and procedural aspects of compliance, leaving the enforcement and penalisation to the overarching legislative framework.