National Security (Military Forces) Regulations (Amendment)

Overview

The Statutory Rules 1942 No. 492 amends the National Security (Military Forces) Regulations under the National Security Act 1939-1940. This legislative instrument was introduced to address the need for clearer and more efficient administrative processes within the military forces during a time of national emergency, specifically during the Second World War. The regulation was enacted by the Deputy of the Governor-General, acting on advice from the Federal Executive Council, and aims to streamline the powers and responsibilities of certain military officers, particularly in relation to appointments and promotions within the military hierarchy. The regulation seeks to ensure that significant decisions, such as appointments to ranks higher than Brigadier, are properly reported and reviewed, thereby maintaining accountability and control over critical military appointments during a period of heightened national security concerns.

Scope and Application

This statutory instrument amends the National Security (Military Forces) Regulations, which are part of the National Security Act 1939-1940. The regulations apply to officers of the Military Forces, including those of the Army, the New Guinea Force, and the Third Australian Corps. The regulation pertains to the powers of certain military officers, specifically those related to appointments and promotions. The changes empower these officers to appoint personnel to acting ranks and promote them to acting or temporary ranks, subject to certain conditions and limitations. For instance, appointments or promotions to ranks higher than Brigadier can only occur in special emergency situations, and must be reported to the Minister of State for the Army, with the Minister for Defence subsequently reviewing the matter. Additionally, the regulation allows for the delegation of powers and functions by the officer commanding the Military Forces during wartime, subject to revocation and preservation of the commanding officer’s authority.

Key Provisions

The main operative sections of these Regulations amend the National Security (Military Forces) Regulations. Specifically, Regulation 10a is amended to expand the powers of certain military officers. These officers can now appoint individuals to be officers in the Military Forces with acting rank and promote officers to acting or temporary rank within the Forces (Regulation 10a(1)). Additionally, these officers can fix and alter Establishments and War Equipment Tables and the composition and equipment of units and formations, provided that any major change in the total number of members of the Military Forces requires prior approval from the Minister of State for the Army (Regulation 10a(1)(d)). Furthermore, the powers to appoint or promote an officer to a rank higher than Brigadier are restricted to cases of special emergency, and any such appointments or promotions must be reported to the Minister of State for the Army, who may veto the appointment or promotion before it is confirmed by the Governor-General (Regulation 10a(1a)). The officer commanding the Military Forces in time of war can delegate their powers or functions under this regulation to another officer, but this delegation can be revoked at any time (Regulation 10a(1b)). Finally, the scope of the Regulations is expanded to include the New Guinea Force and the Third Australian Corps (Regulation 10a(2)). The Regulations impose several obligations and requirements on the parties and entities they govern. Military officers with the relevant powers must report any appointments or promotions of officers to a rank higher than Brigadier to the Minister of State for the Army as soon as practicable. The Minister of State for the Army must then submit this report to the Minister of State for Defence within one month, unless they have vetoed the appointment or promotion. Additionally, the Minister of State for the Army has the power to veto any appointment or promotion to a rank higher than Brigadier at any time before it is confirmed by the Governor-General, which would terminate the appointment or promotion. If the officer commanding the Military Forces in time of war delegates their powers or functions under the Regulations, they must ensure that every such delegation is revocable at will and does not prevent the exercise of any power or function by that officer. Breaches of the Regulations may result in offences, penalties, or civil/criminal consequences. However, the Regulations themselves do not explicitly state any specific offences, penalties, or consequences for breach. Instead, any breaches of the Regulations may be subject to the penalties and consequences outlined in the National Security Act 1939-1940 or other relevant legislation. The maximum penalties for offences under the National Security Act 1939-1940 can vary depending on the offence, but may include fines of up to $21,600 and/or imprisonment for up to five years. It is important to note that the specific penalties and consequences for breach of the Regulations may depend on the circumstances of the breach and the relevant legislation applicable at the time.