National Security (Housing of War Workers) Regulations (Amendment)

Legislation au C1942L00354 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1942. No. 354

––––––

REGULATION 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 Regulation under the National Security Act 1939-1940.

Dated this fourteenth day of August, 1942.

(SGD.) GOWRIE

Governor-General.

By His Excellency’s Command,

(Sgd.) E. J. WARD

for and on behalf of the Minister of State for Defence.

 

Amendment of the National Security (Housing of War Workers) Regulations.†

Definitions.

Regulation 4 of the National Security (Housing of War Workers) Regulations is amended—

(a) by inserting before the definition of “prescribed area” the following definition:—

“‘munitions of war’ includes—

(a) the whole or any part of any ship, submarine, aircraft, tank or similar vehicle or engine, arms, armaments, ammunition, vehicle, bomb, torpedo, mine, weapon or device (whether actual or experimental);

(b) any other article or material which the Minister, by order, declares to be munitions of war for the purposes of these Regulations; and

(c) any machine, machine tool, tool, gauge, jig, die, template and mould necessary for the manufacture, production or overhaul of munitions of war”; and

 

* Notified in the Commonwealth Gazette on      ,1942.

† Statutory Rules 1941, No. 169, as amended by Statutory Rules 1941, Nos. 207 and 324; and 1942, Nos. 17, 171 and 256.

5784.—Price 3d         25/4.8.1942


(b) by omitting paragraph (a) of the definition of “war worker” and inserting in its stead the following paragraph:—

“(a) who is engaged in the manufacture, production, repair or overhaul for war purposes of munitions of war or the maintenance of plant therefor; or”.

 

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

Overview

The Statutory Rules 1942 No. 354, enacted under the National Security Act 1939-1940, was introduced to address the need to streamline and clarify the definition of "munitions of war" and "war worker" within the National Security (Housing of War Workers) Regulations. This regulation was made by the Governor-General in and over the Commonwealth of Australia, acting on the advice of the Federal Executive Council, and signed by the Minister of State for Defence. The intent behind this amendment was to ensure that the provisions of the Regulations could be effectively applied to the rapidly evolving circumstances of wartime, particularly in relation to the manufacture, production, and maintenance of war materials and the individuals engaged in these critical activities. The expanded definition of "munitions of war" now includes a broader range of items and machinery necessary for the production and overhaul of war munitions, ensuring comprehensive coverage under the Regulations.

Scope and Application

This Statutory Rule, made under the National Security Act 1939-1940, amends the National Security (Housing of War Workers) Regulations. It specifically targets the definition of "munitions of war" and "war worker" within these regulations. The rule expands the definition of "munitions of war" to include not only physical items like ships, submarines, aircraft, tanks, arms, armaments, ammunition, vehicles, bombs, torpedoes, mines, weapons, and devices, but also any other articles or materials declared by the Minister to be munitions of war. Additionally, it includes any machines, tools, gauges, jigs, dies, templates, and moulds necessary for the manufacture, production, or overhaul of munitions of war. The definition of "war worker" is similarly expanded to include those engaged in the manufacture, production, repair, or overhaul for war purposes of munitions of war or the maintenance of the relevant plant. This legislation applies to individuals and entities involved in the specified activities within the Commonwealth of Australia, aiming to ensure the housing and welfare of those essential to the war effort. The regulations' scope is national, and while the text does not explicitly mention exclusions or exemptions, it is implicit that these would be determined by the Minister's orders or other subordinate instruments.

Key Provisions

The regulation primarily amends the definition of "munitions of war" and "war worker" in the National Security (Housing of War Workers) Regulations (paragraph 4). The amended definition of "munitions of war" includes not only physical items like ships, submarines, aircraft, and tanks, but also any part of such items, arms, ammunition, and any other articles or materials declared as munitions of war by the Minister. It also encompasses any machinery or tools necessary for the manufacture, production, or overhaul of such items (Regulation 4(a)). The definition of "war worker" is also updated to include those engaged in the manufacture, production, repair, or overhaul for war purposes of munitions of war, or in the maintenance of related plant (Regulation 4(b)). The regulation imposes specific obligations on parties involved in the manufacture, production, repair, or overhaul of munitions of war, and on those maintaining the plant for such activities. These obligations include ensuring that any work done falls within the newly defined scope of "munitions of war" and "war worker". This means that any person or entity involved in these activities must comply with the regulations as amended, ensuring they are engaged in work that aligns with the updated definitions. The regulation does not explicitly outline specific offences, penalties, or consequences for breaches. However, under the National Security Act 1939-1940, there are general provisions for penalties for breaches of regulations made under the Act. These can include fines and imprisonment, with the exact penalties depending on the nature and severity of the breach. It is important for parties to ensure strict compliance to avoid any potential enforcement actions.

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