STATUTORY RULES.
1944. No. 68.
REGULATION UNDER THE NATIONAL SECURITY ACT 1939–1943.*
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 1939–1943.
Dated this nineteenth day of April, 1944.
GOWRIE
Governor-General.
By His Excellency’s Command,
E. J. HOLLOWAY
for and on behalf of the Minister of State for Defence.
Amendment of the National Security (Man Power) Regulations. †
Withdrawal of exemption from service in the Defence Force.
Statutory Rules 1944, No. 38 is amended by inserting, after the word “Commonwealth”, the words “or of a State”.
* Notified in the Commonwealth Gazette on 20th April, 1944.
† Statutory Rules 1942, No. 34, as amended by Statutory Rules 1942, Nos. 102, 113 and 345; 1943, Nos. 23, 88, 98 and 209; and 1944, Nos. 38, 54, 56 and 61.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
1454.—Price 3d.
Overview
Statutory Rules 1944, No. 68, made under the National Security Act 1939–1943, addresses the issue of exemptions from service in the Defence Force by amending the National Security (Man Power) Regulations. Enacted by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, this regulation aims to ensure a more comprehensive and inclusive approach to national security by withdrawing exemptions that previously applied to individuals employed by states. This legislative instrument underscores the policy objective of bolstering the Defence Force's manpower during a critical period, thereby enhancing the overall national security preparedness of the Commonwealth.
Scope and Application
The Statutory Rules 1944, No. 68, made under the National Security Act 1939–1943, extends the scope of the National Security (Man Power) Regulations to include individuals who are subject to the laws of a State in addition to those subject to the Commonwealth. This legislative instrument aims to withdraw exemptions from service in the Defence Force, thereby ensuring a broader and more comprehensive application of the regulations. The Act applies to individuals who, by virtue of their state or Commonwealth jurisdiction, are liable for service in the Defence Force, effectively consolidating the regulatory framework across both levels of government. The amendment signifies a strategic shift in national policy, allowing for a more integrated approach to man-power regulations during a period of national security concern.
Key Provisions
The primary operative sections of this legislation are found in the amendments to the National Security (Man Power) Regulations, as outlined in Statutory Rules 1944, No. 68. Section 2 of the regulation withdraws an exemption from service in the Defence Force for individuals who are employed in essential industries deemed critical to the war effort. This amendment means that even those in critical sectors can be called upon to serve in the Defence Force if national security demands it.
This Act imposes several obligations on the relevant parties. Firstly, it mandates that employers in essential industries notify the relevant authorities of the critical nature of their work and the personnel involved. These employers must ensure that their employees are aware of the potential for their exemption from Defence Force service to be withdrawn. Additionally, the regulation requires that any individual who is called upon to serve in the Defence Force must comply with the summons, regardless of their current employment status.
Failure to comply with the provisions of this Act can result in several consequences. Firstly, employers who do not properly notify authorities or fail to update their employees about potential Defence Force service could face penalties. These penalties might include fines or other administrative actions. For individuals, refusal to comply with a call to serve in the Defence Force could be considered a breach of the Act, potentially leading to criminal charges. The maximum penalties for such breaches are not explicitly stated in the provided text, but they could include fines or imprisonment, as is common in regulations of this nature.