STATUTORY RULES.
1942. No. 397.
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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 sixteenth day of September, 1942.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
for and on behalf of the Minister of State for Defence.
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Amendment of the National Security (Information) Regulations.†
Secretary may require matters to be broadcast.
Regulation 6 of the National Security (Information) Regulations is amended by omitting sub-regulations (2.) and (8.) and inserting in their stead the following sub-regulations:—
“(2.) The time occupied in compliance with any requirement made in pursuance of the last preceding sub-regulation shall, for the purposes of section 65 of the Australian Broadcasting Act 1942, be deemed to have been time occupied in compliance with a requirement made in pursuance of that section.
“(3.) In this regulation, ‘Broadcasting Station Licensee’ means the holder of a licence granted or continued in force under Division 1 of Part III. of the Australian Broadcasting Act 1942, and includes any person for the time being in charge of a commercial broadcasting station as defined by that Act.”.
* Notified in the Commonwealth Gazette on , 1942.
† Statutory Rules 1940, No. 137, as amended by Statutory Rules 1940, No. 188; and 1942, No. 130.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
6143.—Price 3d. 25/24.8.1942.
Overview
The Statutory Rules 1942 No. 397, made under the National Security Act 1939-1940, was enacted to address the need for stringent control over information dissemination during wartime. This legislative instrument was made by the Governor-General in and over the Commonwealth of Australia, acting on the advice of the Federal Executive Council, on behalf of the Minister of State for Defence. The principal aim of this regulation is to amend the National Security (Information) Regulations, specifically to empower the Secretary to mandate the broadcasting of matters deemed necessary for national security. This regulation was necessary to ensure that critical information could be swiftly and efficiently communicated to the public, thereby reinforcing the government's control over information in a time of crisis. The regulation effectively aligns with the overarching policy objective of safeguarding the nation's security by controlling and directing the flow of information during wartime.
Scope and Application
The Statutory Rules 1942, No. 397, made under the National Security Act 1939-1940, pertain specifically to the amendment of the National Security (Information) Regulations, focusing on the requirement for broadcasting certain matters. This regulation applies to the Secretary who is empowered to mandate that specific information be broadcast, impacting the holders of broadcasting station licenses and any individuals currently in charge of commercial broadcasting stations as defined by the Australian Broadcasting Act 1942. The amendment clarifies that the time spent complying with such broadcasting requirements is deemed to be in compliance with the Australian Broadcasting Act 1942. This legislative instrument extends across the Commonwealth of Australia, reflecting its national reach and application. There are no specific exclusions, exemptions, or thresholds outlined in this particular regulation, and it operates as a direct modification to existing regulations without extending its application through subordinate instruments.
Key Provisions
The Statutory Rules 1942, No. 397, under the National Security Act 1939-1940, make amendments to the National Security (Information) Regulations, specifically to Regulation 6 (1.). This regulation now allows the Secretary to require a Broadcasting Station Licensee to broadcast information as deemed necessary for national security. This change involves removing previous sub-regulations (2.) and (8.) and replacing them with new provisions (2.) and (3.). The new sub-regulation (2.) states that time spent complying with such a requirement will be considered as time spent complying with a requirement under section 65 of the Australian Broadcasting Act 1942. Additionally, sub-regulation (3.) defines "Broadcasting Station Licensee" to include the holder of a licence under Division 1 of Part III of the Australian Broadcasting Act 1942, as well as any person in charge of a commercial broadcasting station as defined by that Act.
These amendments impose obligations on Broadcasting Station Licensees to comply with requirements to broadcast information specified by the Secretary. This includes dedicating time and resources to ensure that the broadcast occurs as mandated, treating it as a compliance requirement under the Australian Broadcasting Act 1942. The definition provided in sub-regulation (3.) ensures clarity on who is responsible for compliance within the broadcasting sector, thereby extending the scope of those liable to meet these obligations.
Failure to comply with the requirements set forth in these regulations can lead to legal consequences. While the specific penalties are not detailed within the regulation itself, breaches of national security regulations can generally result in significant civil or criminal penalties. These may include fines and imprisonment, depending on the severity of the breach and the specific laws under which the offence is prosecuted. The seriousness of the penalties reflects the importance of national security and the potential impact of non-compliance on public safety and national interests.