National Security (Local Security Officers) Regulations

Legislation au C1940L00164 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1940. No. 164.

 

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 Sixteenth day of August, 1940.

Governor-General.

By His Excellency’s Command.

for Minister of State for Defence Co-ordination.

 

National Security (Local Security Officers) Regulations.

Short title.

1. These Regulations may be cited as the National Security (Local Security Officers) Regulations.

Definitions.

2. In these Regulations, unless the contrary intention appears-—

“Local Security Officer” includes an Officer-in-Charge of a branch; and

“Officer” means a Local Security Officer and includes the Controller and Inspectors.

Local Security Officers Force.

3. There shall be a force to be known as the Local Security Officers’ Force.

Duties of Force.

4. The Force shall be charged with such duties are are directed by the Minister for the purpose of assisting in the preservation of law and order within the Commonwealth and in guarding any public utility and preventing subversive activities by aliens or disaffected persons.

Controller.

5. — (1.) There shall be a Controller of the Force who shall be appointed by the Governor-General and who, subject to the control of the Minister, shall be responsible for the organization and control of the Force.

(2.) The Commonwealth may enter into an agreement with any State providing for the loan by that State, subject to such conditions as are specified in the agreement, of a person in the service of that State to occupy the office of Controller under these Regulations.

 

 

* Notified in the Commonwealth Gazette on , 1940.

3482.—12/3.7.1940.—Price 3d.

Inspectors.

6. —(1.) In each State and Territory of the Commonwealth there shall be an Inspector who shall be appointed by the Governor-General and who shall, subject to the control of the Controller, be in charge of the Force in that State or Territory.

(2.) The Inspector of each State and Territory shall, subject, in the case of a State, to the concurrence of the Government of that State, be the person occupying for the time being the office of Commissioner or other Chief Officer of Police in that State or Territory.

Force to be divided into branches.

7. —(1.) The Force in each State shall, and in each Territory of the Commonwealth may, be divided into such branches as the Controller directs.

(2.) Each branch shall, subject to the control of the Controller and of the Inspector for the State or Territory, be under the control of an Officer-in-Charge who shall be appointed by the Controller.

Appointment of officers.

8. —(1.) The Force shall consist of Officers-in-Charge and such other Local Security Officers as the Controller, or an Inspector acting for the Controller, appoints.

(2.) Each Local Security Officer appointed under these Regulations shall occupy in an honorary capacity the office to which he is appointed.

Officers to be natural born British subjects.

9. All officers of the Force shall be natural born British subjects both of whose parents were also natural born British subjects.

Oath to be taken by officers.

10. — (1.) No person appointed to be an officer shall be capable of holding that office or of acting in any way therein until he has taken and subscribed the following oath:—

“I, A.B., do swear that I will well and truly serve Our Sovereign Lord the King in the office of Local Security Officer (or Controller or Inspector, as the case may be), without favour or affection, malice or ill-will during the period of the present war between His Majesty the King and Germany or until I am legally discharged, that I will do all in my power to preserve law and order in the Commonwealth and that, while I continue to hold the said office, I will, to the best of my skill and knowledge, discharge all the duties thereof faithfully according to law.”.

(2.) The oath shall be administered by a Justice, of the Peace and shall in all cases be subscribed by the person taking the oath, and when so taken and subscribed shall be forwarded to the Controller by the Justice of the Peace before whom the oath was taken.

Oath equivalent to agreement.

11. Every person taking and subscribing the oath shall be deemed to have thereby entered into a written agreement and he thereby bound to serve His Majesty as an officer from the day on which the oath has been taken and subscribed until the termination of the present war or until the person taking and subscribing the oath is legally discharged (whichever first happens):


Provided that—

(a) no such agreement shall be set aside, cancelled or annulled for want of reciprocity; and

(b) the agreement may be cancelled at any time by the lawful discharge, dismissal or other removal from office, of the officer.

No resignation without permission.

12. No Local Security Officer shall resign his office or withdraw from the duties thereof unless expressly authorized so to do by the Controller or an Inspector acting on behalf of the Controller.

Officers failing to carry out duties guilty of an offence against the National Security Act.

13. No officer shall fail to carry out the duties of his office or act in a manner inconsistent with the terms of his oath or with any order lawfully given to him.

Personating officers.

14. —(1.) A person, not being an officer, shall not personate or pass himself off as such an officer or in any way act or clothe himself in a manner likely to give the impression that he is such an officer.

(2.) A person, being an officer, shall not personate or pass himself off as an officer of a rank other than that to which he has been appointed, or in any way act or clothe himself in a manner likely to give the impression that he is an officer of such other rank.

Prohibition of voluntary organizations.

15. No person shall organize or become a member or continue to be a member of any organization not authorized by law having objects similar to any of the objects of the Local Security Officers’ Force.

 

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

Overview

The National Security (Local Security Officers) Regulations 1940 were introduced as a legislative instrument under the National Security Act 1939-1940, enacted by the Commonwealth Parliament to address the need for additional security measures during a period of national crisis. The Regulations establish a Local Security Officers’ Force tasked with preserving law and order, safeguarding public utilities, and preventing subversive activities, particularly by aliens or disaffected individuals. The regulations outline the structure of the force, including the roles of the Controller and Inspectors, and stipulate that all officers must be natural-born British subjects. They also detail the duties, oaths, and disciplinary measures for the officers, ensuring that the force operates with the necessary legal and operational framework to effectively address security concerns during the war period.

Scope and Application

The National Security (Local Security Officers) Regulations, enacted under the National Security Act 1939-1940, establish the framework for the Local Security Officers' Force, which is tasked with preserving law and order within the Commonwealth and safeguarding public utilities and preventing subversive activities by aliens or disaffected persons. These Regulations apply to Local Security Officers, including Officers-in-Charge of branches, and extend across all states and territories of the Commonwealth. The force is headed by a Controller appointed by the Governor-General, and there is also an Inspector appointed for each state and territory, typically the Commissioner or Chief Police Officer. The Regulations require that all officers be natural born British subjects with both parents also being natural born British subjects, and they must take an oath before serving. The Regulations explicitly prohibit officers from resigning without permission and mandate severe penalties for officers who fail to carry out their duties or impersonate other officers. Additionally, the establishment of unauthorized organizations with similar objectives to the Local Security Officers' Force is prohibited.

Key Provisions

The National Security (Local Security Officers) Regulations establish a framework for the creation and operation of a Local Security Officers’ Force. This Force, as outlined in section 3, is tasked with assisting in the preservation of law and order within the Commonwealth and with guarding public utilities and preventing subversive activities by aliens or disaffected persons. The Regulations specify that the Force will be overseen by a Controller, appointed by the Governor-General, who is responsible for the organization and control of the Force, subject to the Minister’s directives (section 5). Additionally, Inspectors will be appointed in each State and Territory, subject to the concurrence of the relevant State government, to manage the Force within their jurisdiction (section 6). These Regulations impose several obligations on the Local Security Officers’ Force and its members. The Force must adhere to the duties assigned by the Minister for national security purposes, including the preservation of law and order and the prevention of subversive activities (section 4). Officers within the Force, including the Controller, Inspectors, and Officer-in-Charge of branches, must be natural born British subjects with both parents also being natural born British subjects (section 9). Furthermore, all officers must take and subscribe to an oath affirming their commitment to serve the King and uphold the duties of their office (section 10). The oath is to be administered by a Justice of the Peace and must be submitted to the Controller (section 10(2)). Officers are also bound by an agreement to serve until the end of the war or until legally discharged (section 11). Breaches of the Regulations are subject to penalties and consequences under the National Security Act. Failure to carry out the duties of an officer or acting in a manner inconsistent with their oath or lawful orders constitutes an offence (section 13). Personating an officer or misrepresenting one's rank is prohibited and can lead to legal repercussions (section 14). Additionally, organizing or being a member of any unauthorized organization with objectives similar to those of the Local Security Officers’ Force is forbidden (section 15). While the specific penalties are not detailed in the Regulations, breaches of the National Security Act typically carry severe consequences, including fines and imprisonment.

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National Security Law
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.