STATUTORY RULES.
1943. No. 24.
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 twenty-ninth day of January, 1943.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
for and on behalf of the Minister of
State for Defence.
Amendment of the National Security (Marine War Risks Insurance) Regulations.†
Commencement.
1. These Regulations shall come into operation on the first day of February, 1943.
Definitions.
2. Regulation 4 of the National Security (Marine War Risks Insurance) Regulations is amended by omitting paragraph (a) of the definition of “war risks” and inserting in its stead the following paragraph:—
“(a) the risks excluded from the Standard Form of English Marine Policy by the following clause:—
‘Warranted free of capture, seizure, arrest, restraint or detainment, and the consequences thereof or of any attempt thereat; also from the consequences of hostilities or warlike operations, whether there be a declaration of war or not; but this warranty shall not exclude collision, contact with any fixed or floating object (other than a mine or torpedo), stranding, heavy weather or fire unless caused directly
* Notified in the Commonwealth Gazette on , 1943.
† Statutory Rules 1942, No. 317, as amended by Statutory Rules 1942, No. 489.
(and independently of the nature of the voyage or service which the vessel concerned or, in the case of a collision, any other vessel involved therein, is performing) by a hostile act by or against a belligerent power; and for the purpose of this warranty “power” includes any Authority maintaining Naval, Military or Air Forces in association with a power. Further warranted free from the consequences of civil war, revolution, rebellion, insurrection, or civil strife arising therefrom, or piracy.’;”.
Narration of certain policies.
3. Where any policy of marine insurance issued prior to the date of commencement of these Regulations by the Commonwealth Marine War Risks Insurance Board (not being a policy which will expire within three months after that date) insures any person against the risks excluded from the Standard Form of English Marine Policy by the clause specified in paragraph (a) of the definition of “war risks.” in regulation 4 of the National Security (Marine War Risks Insurance) Regulations, as in force immediately prior to the date of commencement of these Regulations, that policy shall be deemed instead to insure that person, as from that date, against the risks excluded from the Standard Form of English Marine Policy by the clause specified in paragraph (a) of the definition of “war risks” in regulation 4 of the National Security (Marine War Risks Insurance) Regulations as amended by these Regulations.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
Statutory Rules 1943 No. 24, known as the Regulations under the National Security Act 1939–1940, was introduced to amend the National Security (Marine War Risks Insurance) Regulations in response to evolving circumstances during wartime. Enacted by the Governor-General in accordance with the Federal Executive Council's advice, these Regulations aimed to update the definition of "war risks" to better align with the realities of contemporary conflict, particularly addressing risks arising from hostilities or warlike operations and other specified perils. The overarching policy objective was to provide clarity and ensure that marine war risks insurance policies issued by the Commonwealth Marine War Risks Insurance Board would comprehensively cover the expanded risks in a manner consistent with the updated regulatory framework.
Scope and Application
The Statutory Rules of 1943, No. 24, made under the National Security Act 1939–1940, amend the National Security (Marine War Risks Insurance) Regulations to redefine the scope of "war risks" as it pertains to marine insurance policies. These Regulations apply to all existing marine insurance policies issued by the Commonwealth Marine War Risks Insurance Board, excluding those that are set to expire within three months from the date of commencement. By amending the definition of "war risks", these Regulations adjust the exclusions within marine insurance policies to cover additional circumstances such as the consequences of civil war, revolution, rebellion, insurrection, or civil strife, as well as piracy, which were previously not covered under the standard form of English marine policy. These changes are effective from the first day of February 1943 and impact all policies in force at that time, altering their coverage to align with the new definition of war risks.
Key Provisions
The primary operative sections of these Regulations (C1943L00024) involve the amendment of the definition of "war risks" in the National Security (Marine War Risks Insurance) Regulations (section 2). Specifically, these Regulations revise the clause that outlines the risks excluded from the Standard Form of English Marine Policy, which now include capture, seizure, arrest, restraint or detainment, hostilities or warlike operations, civil war, revolution, rebellion, insurrection, civil strife, and piracy, unless caused by a hostile act by or against a belligerent power. Additionally, section 3 of the Regulations stipulates that any marine insurance policy issued prior to the commencement date of these Regulations, which insures against the risks excluded from the Standard Form of English Marine Policy, will be deemed to insure against the revised risks from the date of the Regulations' commencement.
The Regulations impose several obligations on the parties involved, most notably the Commonwealth Marine War Risks Insurance Board. They must ensure that any marine insurance policy issued prior to the Regulations' commencement date and not expiring within three months from that date is adjusted to cover the newly defined risks (section 3). This adjustment means that any policy in force at the time these Regulations come into effect must be deemed to insure against the amended risks from the date of commencement.
Failure to comply with these Regulations can result in significant legal consequences. Although the specific offences, penalties, or consequences for breach are not detailed in the provided text, under the National Security Act 1939–1940, breaches of regulations can typically lead to both civil and criminal penalties. Civil penalties might include fines, while criminal penalties could involve imprisonment, depending on the severity and intent of the breach. The maximum penalties would be determined by the relevant courts based on the nature of the offence and the provisions of the National Security Act 1939–1940.