National Security (Maritime Industry) Regulations (Amendment)

Overview

The Statutory Rules 1942 No. 300, made under the National Security Act 1939-1940, were introduced to address the urgent need for streamlined administrative functions within the maritime industry to support national security efforts during World War II. Enacted by the Governor-General in Council, these regulations aimed to facilitate the appointment of necessary officers to assist the Commission in executing its maritime security duties. The policy objective of these amendments was to ensure that the Commission had the requisite personnel to operate effectively, while also providing a clear framework for the terms of service and remuneration for these officers, thus enabling a swift and efficient response to the exigencies of wartime operations.

Scope and Application

The Statutory Rules 1942 No. 300, made under the National Security Act 1939-1940, introduce an amendment to the National Security (Maritime Industry) Regulations. This amendment provides for the appointment of officers by the Commission, who will assist in executing functions under the regulations. These officers are exempt from the Commonwealth Public Service Act 1922-1941 and hold their positions at the discretion of the Commission. If an officer was previously part of the Commonwealth Public Service, their service with the Commission is considered equivalent for the purpose of determining their existing and accruing rights, with the Officers' Rights Declaration Act 1928-1933 applying accordingly. Salaries and allowances for these officers are determined by the Minister, with the Governor-General having the authority to set remuneration exceeding five hundred pounds per year. This regulation is effective from 1 April 1942.

Key Provisions

The main operative sections of this statutory regulation (C1942L00300) under the National Security Act 1939-1940 involve the appointment of officers to assist the Commission in executing its functions under the National Security (Maritime Industry) Regulations. Regulation 9a outlines that the Commission has the authority to appoint necessary officers to aid in its duties (1). These officers are exempt from the Commonwealth Public Service Act 1922-1941 and are appointed at the pleasure of the Commission (2). If these officers were previously part of the Commonwealth Public Service, their service will be accounted for in determining their existing and accruing rights, with the Officers’ Rights Declaration Act 1928-1933 applying accordingly (3). Salaries and allowances for these officers are determined by the Minister, unless they exceed five hundred pounds in any year, in which case the Governor-General will set the remuneration (4). The Act imposes specific obligations and requirements on the parties it governs. It mandates that the Commission can appoint officers to assist with its regulatory functions and that these officers do not fall under the purview of the Commonwealth Public Service Act 1922-1941. The regulation also stipulates that the officers’ previous service within the Commonwealth Public Service will be considered when determining their rights, and that their salaries and allowances will be determined by the Minister, except in cases where the remuneration exceeds five hundred pounds, which then requires the Governor-General's approval. Breaching the regulations or failing to comply with the obligations set forth in the Act may result in civil or criminal consequences. Although specific offences and penalties are not detailed in this regulation, general breaches of statutory obligations under the National Security Act 1939-1940 could lead to substantial penalties. Offences under the National Security Act could potentially result in fines or imprisonment, depending on the severity of the breach and the discretion of the court. The maximum penalties, however, would be as prescribed under the specific sections of the National Security Act 1939-1940, which are not detailed in this statutory regulation.