STATUTORY RULES.
1943. No. 209.
REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1943.*
I, THE DEPUTY OF 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 1939-1943.
Dated this sixteenth day of August, 1943.
Deputy of the Governor-General.
By His Excellency’s Command,
for and on behalf of the Minister of State for Defence.
Amendments of the National Security (Man Power) Regulations.†
Exemptions from service in the Defence Force.
1. Regulation 6 of the National Security (Man Power) Regulations is amended—
(a) by omitting sub-regulation (8.) and inserting in its stead the following sub-regulation:—
“(8.) For the purposes of sub-regulation (5.) of this regulation, where a person who has been enlisted in the Defence Force—
(a) has not been required to report for attendance at a recruit reception depot or other depot for the reception of recruits;
(b) has been required so to report but the time at which he has been required to report has not arrived; or
* Notified in the Commonwealth Gazette on May, 1943.
† Statutory Rules 1942, No. 34, as amended by Statutory Rules 1942, Nos. 102, 113 and 345; and 1943, Nos. 23, 88 and 98.
3222.—Price 3d. 25/6.8.1943.
(c) is in possession of a current certificate of release from war service,
that person shall, notwithstanding his enlistment, be deemed not to be a person serving in the Defence Force.”; and
(b) by inserting in sub-regulation (10.), after the word “who”, the words “is not a member of the Defence Force and”.
Regulation of engagement of employees.
2. Regulation 13 of the National Security (Man Power) Regulations is amended by omitting from sub-regulation (1.) the words “an officer” and inserting in their stead the words “a person”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1943 No. 209, which amends the National Security (Man Power) Regulations, was enacted in 1943 under the authority of the National Security Act 1939-1943. This legislation was introduced to address specific gaps in the management of manpower during a period of national security concern. The regulations were enacted by the Deputy of the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, on behalf of the Minister of State for Defence. The overarching policy objective of these amendments is to refine the criteria for exemptions from service in the Defence Force and to ensure more precise regulation of employment engagements in alignment with national security requirements. These amendments seek to provide clarity and ensure that the national security measures are effectively and efficiently implemented during a critical period in Australia's history.
Scope and Application
The Regulations under the National Security Act 1939-1943 pertain to amendments of the National Security (Man Power) Regulations, specifically addressing exemptions from service in the Defence Force and the regulation of employee engagement. The Act applies to individuals who are enlisted in the Defence Force and to employers engaging employees within the framework set by the Regulations. The geographic reach of these regulations is national, as they pertain to the Commonwealth of Australia and its Defence Force. The Regulations provide specific exemptions from Defence Force service for enlisted individuals who have not reported for duty, whose reporting time has not yet arrived, or who possess a current certificate of release from war service. Furthermore, the Regulations alter the engagement of employees by broadening the scope to include all persons, not just officers, in the context of Defence Force service. These regulations extend the application of the National Security Act through subordinate instruments, as they amend existing regulations to provide updated provisions in response to the changing needs of national security during the time of the Act's enforcement.
Key Provisions
The primary operative sections of these Regulations, made under the National Security Act 1939-1943, amend existing provisions related to exemptions from service in the Defence Force and the regulation of employee engagement (Regulation 13). Specifically, Regulation 6(8) now specifies conditions under which a person enlisted in the Defence Force will be deemed not to be serving, even if enlisted, such as if they have not been required to report for duty, the reporting time has not arrived, or they hold a current certificate of release from war service (Regulation 6(8)(a), (b), and (c)). Additionally, sub-regulation (10) has been modified to ensure that any person who is not a member of the Defence Force is also considered in the regulation’s scope.
These Regulations impose several obligations and requirements on the parties and entities they govern. For instance, individuals who are enlisted in the Defence Force but meet any of the specified conditions outlined in Regulation 6(8) must ensure they comply with the requirements to avoid being considered as serving in the Defence Force. Employers and other entities must also adhere to the updated Regulation 13, ensuring that they do not engage individuals who are not serving in the Defence Force as per the new stipulations. These changes necessitate careful administrative oversight to ensure compliance with the updated regulations.
Violations of these Regulations may lead to civil or criminal consequences. While the specific penalties are not detailed within these Regulations, breaches of the National Security Act 1939-1943 generally carry significant penalties, including fines and imprisonment. The exact penalties would be determined by the courts based on the severity of the breach and applicable laws. Additionally, any failure to comply with the requirements for exemption from Defence Force service could result in individuals being called to serve, leading to further legal and administrative repercussions.