STATUTORY RULES.
1942. No 42.
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 Regulation under the National Security Act 1939-1940.
Dated this fourth day of February, 1942.
Governor-General.
By His Excellency’s Command.
for and on behalf of the Minister of State for Defence Co-ordination.
AMENDMENT OF THE NATIONAL SECURITY (MILITARY FORCES) REGULATIONS†
The National Security (Military Forces) Regulations are amended by adding at the end thereof the following regulation:-
Summoning of Parliament under s. 60 of Defence Act.
“11. Notwithstanding anything contained in sub-section (4.) of section 60 of the Defence Act 1903-1941, it shall not be necessary for the Parliament to be summoned to meet within ten days after the issue of a Proclamation calling upon all persons in the 8th Military District who are specified in classes I, II, III and IV of sub-section (3.) of that section to enlist and serve as prescribed by the said act and Regulations made thereunder.”
* Notified in the Commonwealth Gazette on 1942.
† Statutory Rules 1941, No. 1, as amended by Statutory Rules 1941, Nos. 10, 202, 294 and 295 and Statutory Rules 1942, No. 24.
Overview
The Statutory Rules 1942 No. 42, enacted under the National Security Act 1939-1940, addresses the administrative and logistical challenges posed by the urgency of wartime enlistment. These regulations were introduced to streamline the process of calling military personnel into service without the necessity of convening Parliament within a specific timeframe. The enacting body, the Governor-General in Council, issued these regulations to expedite the mobilisation of military forces in response to immediate national security threats, as advised by the Minister for Defence Co-ordination. The policy objective is to ensure that the military can be swiftly and efficiently mobilised to address pressing defence needs during a critical period, thereby enhancing the nation's security posture.
Scope and Application
The Statutory Rules 1942 No. 42, made under the National Security Act 1939-1940, pertain specifically to the amendment of the National Security (Military Forces) Regulations, introducing a new regulation regarding the summoning of Parliament. This regulation applies to individuals specified in classes I, II, III, and IV within the 8th Military District, mandating their enlistment and service as prescribed by the Defence Act 1903-1941 and related regulations. Notably, the regulation overrides the requirement for Parliament to convene within ten days following the issuance of a proclamation under section 60 of the Defence Act, thereby expediting the enlistment process during times of national security concern. The scope of this amendment is geographically limited to the 8th Military District and is intended to facilitate the efficient mobilisation of specified military personnel in response to urgent national security needs. The regulation is an extension of existing military enlistment provisions, providing flexibility in the timing of parliamentary sessions during extraordinary circumstances.
Key Provisions
The main operative section of this legislative instrument (section 11) amends the National Security (Military Forces) Regulations by adding a new regulation. This amendment alters the requirement under section 60 of the Defence Act 1903-1941, specifically subsection (4), which mandates that Parliament must be summoned to meet within ten days of a Proclamation being issued to call upon certain individuals in the 8th Military District to enlist and serve. Under the new regulation, this ten-day requirement no longer applies, allowing for immediate enlistment without the need to convene Parliament.
The obligations imposed by this amendment primarily affect the military recruitment process. The regulation permits the government to issue a Proclamation calling for enlistment without the prerequisite of summoning Parliament within ten days. This change streamlines the process of enlisting individuals specified in classes I, II, III, and IV of subsection (3) of section 60 of the Defence Act, ensuring a quicker response to national security needs. The regulation ensures that the enlistment process can proceed efficiently without the delay of parliamentary procedures.
Breach of these regulations could lead to legal consequences, although the specific offences, penalties, or consequences are not detailed in this legislative instrument. Under the National Security Act 1939-1940, penalties for breaches can include fines and imprisonment, depending on the nature and severity of the breach. The Defence Act 1903-1941 may also impose additional penalties for non-compliance with enlistment requirements. The exact penalties would be determined by the courts based on the specific circumstances of any breach, but they can include significant fines and imprisonment terms.