National Security (Information) Regulations (Amendment)

Legislation au C1942L00130 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1942 No. 130.

 

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 fourteenth day of March 1942.

(SGD) GOWRIE.

Governor-General.

By His Excellency’s Command.

for and behalf of the Minister of State for Defence Co-ordination.

AMENDMENT OF NATIONAL SECURITY (INFORMATION) REGULATIONS. ø

Definition

1. Regulation 2 of the National Security (Information) Regulations is amended

(a) by omitting the definition of “the Director-General and

(b) by inserting after the definition of “the Minister” the following definition:-

“the Secretary means the Secretary, Department of Information.”

Functions of Department.

2. Regulation 3 of the National Security (Information) Regulations is amended by omitting paragraph (b) and (c).

Repeal of Regulation 4

3. Regulation 4 of the National Security (Information) Regulations is repealed.

Powers and functions of Secretary.

4. Regulation 5 of the National Security (Information) Regulations is repealed and the following regulation inserted in its stead:-

“5 Subject to any direction of the Minister, the Secretary shall be responsible for the direction and control of the publication of information with respect to the war and the war activities of the Commonwealth, and shall have, and may exercise and perform such powers and functions as are vested in him by these Regulations, and such other functions as the Minister directs.”

Secretary may require matters to be broadcast

5. Regulation 6 of the National Security (Information) Regulations is amended by omitting sub-regulation (1) and inserting in its stead the following sub-regulation:-

“1. Subject to any direction of the Minister, the Secretary or a person authorized in writing by the


Secretary to make requirements under this regulation, may, if he considers it necessary or expedient in the interest of the Defence of the Commonwealth or the efficient prosecution of the war so to do, require the Australian Broadcasting Commission or any Broadcasting Station Licensee to broadcast, during a period on such day and between such times as are specified by the Secretary or the person so authorized (as the case may be), such matters as are so specified, and the Australian Broadcasting Commission or the Broadcasting Station Licensee, as the case may be, shall broadcast those matters accordingly.

Provided that the periods so specified shall, not, except in the event of a special emergency, exceed in the aggregate thirty minutes in any period of twelve hours”.

6. After regulations 6 of the National Security (Information) Regulations the following regulation is inserted:-

Restriction on broadcasting in case of special emergency.

“6a. (1) If by reason of a special emergency the Minister of State for Defence Co-ordination considers it necessary so to do in the interest of the defence of the Commonwealth, he may, by order, direct that, while the order remains in operation, no message or communications shall be broadcast from any wireless broadcasting station except such as are issued or approved by the Secretary or a person authorized by the Secretary to issue or approve such message or communications;

(2) The Secretary shall take such steps as are necessary to notify the Australian Broadcasting Commission and all Broadcasting Station Licensees (as defined in regulation 6 of these Regulations) of the making of any order under the last preceeding sub-regulation.

(3) A person shall not broadcast, or authorize or permit the broadcasting of any communication in contravention of an order made in pursuance of this regulation.”

Press statements.

7. Regulation 7 of the National Security (Information) Regulations is amended-

(a) by omitting the word “Director-General” (wherever occurring) and inserting in its stead the word “Secretary”; and

(b) by omitting sub regulation (6)

Cinematograph films.

8. Regulation 8 of the National Security (Information) Regulations is amended-

(a) by omitting sub-regulation (1) and inserting in its stead the following sub-regulation:-

(1) Subject to any direction of the Minister, the Secretary, or a person authorized in writing by the Secretary to make requirements under this regulation, may, if he considers it necessary or expedient in the interest of the defence of the Commonwealth or the efficient prosecution of the war so to do, require any cinematograph film exhibitor to exhibit, at the place at which he usually exhibits cinematograph films to the public, for such period not exceeding ten minutes in one programme, on such days and between such times (being days and times on and at which he usually so exhibits) as are specified by the secretary or the person so authorized such cinematograph films as are so specified, and the exhibitor shall exhibit such films accordingly.” and


(b) by omitting from Sub-regulation (2) the word “Director-General” (wherever occurring) and inserting in its stead the word “Secretary”.

Averments.

9. Regulation 9 of the National Security (Information) Regulations is amended

(a) by omitting the words “any of the last three preceding regulations” and inserting in their stead the words “regulation 6, regulation 7 or regulation 8 of these Regulations”; and

(b) by omitting the word “Director-General” (wherever occurring) and inserting in the stead the word “Secretary.”

10. After regulation 9 of the National Security (Information) Regulations the following regulation is inserted:-

Manner in which requirements etc. may be made.

9a. Any request, requirement or notification pursuant to these Regulations may be given orally (including by telephone) or in writing (including by telegram).”

Delegation by Secretary

11. Regulation 10 of the National Security (Information) Regulations is amended by omitting the word” “Director-General” (wherever occurring) and inserting in its stead the word “Secretary”.

for and of behalf of Minister for Defence Co-ordination.

 

* Notified in the Commonwealth Gazette on  1942.

ø Statutory Rules 1940, No. 137, as amended by Statutory Rules 1940, No. 188.

Overview

The Statutory Rules of 1942 No. 130, made under the National Security Act 1939-1940, introduce amendments to the National Security (Information) Regulations with the overarching aim of enhancing the control and dissemination of information pertinent to national security during a period of heightened conflict. Enacted by the Governor-General on behalf of the Minister of State for Defence Co-ordination, these regulations address the need for streamlined and centralised authority over the management of wartime information, ensuring it is aligned with the interests of national defence and the efficient prosecution of the war. The amendments specifically focus on redefining roles and responsibilities within the Department of Information, enhancing the powers of the Secretary in controlling information dissemination through various media, and providing mechanisms to restrict broadcasting in cases of special emergency. These changes reflect a policy objective to consolidate control over information, thereby supporting the war effort and safeguarding national security.

Scope and Application

The Regulations under the National Security Act 1939-1940, as outlined in Statutory Rules 1942 No. 130, apply to various entities and individuals involved in the dissemination of information relevant to national security and wartime activities within the Commonwealth of Australia. Specifically, these regulations concern the Department of Information, the Secretary of this department, the Australian Broadcasting Commission, broadcasting station licensees, and cinematograph film exhibitors. The scope of these regulations encompasses the control and direction of information publication, the imposition of broadcasting requirements, and the regulation of cinematograph film exhibitions, all aimed at supporting the war effort and national defence. The application of these regulations is national in reach, affecting entities and individuals across the entire Commonwealth. Notably, the regulations also include provisions for special emergency measures that can restrict or control broadcasting more stringently if deemed necessary by the Minister of State for Defence Co-ordination. The regulations extend their application through subordinate instruments, allowing for further detailed directives and specifications as necessary.

Key Provisions

The Regulations under the National Security Act 1939-1940 (the Act) establish several key provisions related to the management of information during wartime. Section 1 amends the definition of "the Secretary," replacing the previous definition and inserting the new definition of the Secretary as the Secretary, Department of Information. Section 2 removes certain paragraphs from Regulation 3 of the National Security (Information) Regulations, thereby altering the functions of the Department. Section 3 repeals Regulation 4 of the National Security (Information) Regulations. Section 4 replaces Regulation 5 by repealing it and inserting a new regulation that makes the Secretary responsible for the direction and control of the publication of information related to the war and the war activities of the Commonwealth. The Regulations impose several obligations and requirements on the parties governed by them. The Secretary, as per Section 4, is responsible for the direction and control of the publication of war-related information and has the authority to exercise various powers and functions as vested in him by the Regulations and any other functions directed by the Minister. Section 5 allows the Secretary, or a person authorised in writing by the Secretary, to require the Australian Broadcasting Commission or any Broadcasting Station Licensee to broadcast specified matters during certain times, provided the total broadcast time does not exceed thirty minutes in any twelve-hour period, unless a special emergency exists. Section 6a empowers the Minister of State for Defence Co-ordination to direct that, during a special emergency, no messages or communications can be broadcast from any wireless broadcasting station except those issued or approved by the Secretary or a person authorised by the Secretary. The Regulations also outline consequences for breaches. Section 6a(3) explicitly states that a person shall not broadcast, or authorise or permit the broadcasting of any communication in contravention of an order made under this regulation. Although specific penalties are not stated in the text provided, breaches of such orders could likely lead to civil or criminal consequences under the National Security Act 1939-1940 or other applicable legislation, potentially including fines or imprisonment, depending on the severity of the breach.

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