STATUTORY RULES.
1942. No. 104.
REGULATION 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 sixth day of March, 1942.
(SGD.) GOWRIE.
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.†
After regulation 13 of the National Security (Military Forces) Regulations, the following regulation is added:—
“Definition of active service in relation to the military forces.
14. For the purpose of its application to the Military Forces the definition of ‘Active Service’ in section 4 of the Defence Act 1903-1941 shall be read and construed as if at the end of sub-section (1) of section 189 of the Army Act there were added the words ‘or, whenever he is attached to or forms part of a force during a period in respect of which the Governor-General declares that force to be on “active service”, or whenever he is serving in an area in respect of which the Governor-General declares that the persons subject to military law serving in that area are “on active service”’.”.
* 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 1942, Nos. 24, 42 and
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
1225.—25/17.2.1942.—Price 3d.
Overview
The Statutory Rules 1942 No. 104, made under the National Security Act 1939-1940, was enacted to amend the National Security (Military Forces) Regulations to better align with the context of the Second World War. This regulation was introduced in response to the need for a clearer definition of "active service" in relation to the military forces, particularly in light of the evolving circumstances and deployments during wartime. The enactment by the Governor-General, acting with the advice of the Federal Executive Council, was aimed at ensuring that the definition of active service was sufficiently inclusive to cover all scenarios in which military personnel might be engaged. The regulation specifically modifies the definition of "Active Service" in the Defence Act 1903-1941 to incorporate periods when military personnel are part of forces declared to be on active service by the Governor-General or are serving in areas declared as such. This amendment was intended to provide greater clarity and ensure that the legal framework effectively addressed the realities of military operations during the war.
Scope and Application
The Statutory Rules of 1942, No. 104, made under the National Security Act 1939-1940, serve to amend the National Security (Military Forces) Regulations. These regulations specifically pertain to the Military Forces, impacting the interpretation of the term "Active Service" as defined in section 4 of the Defence Act 1903-1941. The amendment extends the definition to include periods when military personnel are attached to or form part of a force during times declared as "active service" by the Governor-General, as well as service in areas designated as such. This legislative instrument thus applies to all military personnel within the Commonwealth of Australia, ensuring that the interpretation of "Active Service" is aligned with the prevailing national security context. The regulation is designed to provide clarity and legal consistency regarding the conditions under which military personnel are considered to be on active duty, thereby facilitating the administration and application of military law during periods of national security concern.
Key Provisions
The operative sections of the Statutory Rules 1942, No. 104, primarily amend the National Security (Military Forces) Regulations by adding a new regulation 14. This new regulation modifies the definition of 'Active Service' in relation to the military forces, extending its application to include instances when a member of the Military Forces is attached to or forms part of a force declared to be on active service by the Governor-General, or when they are serving in an area where the Governor-General has declared that the persons subject to military law serving in that area are on active service. This change is accomplished by altering the interpretation of 'Active Service' in section 4 of the Defence Act 1903-1941, specifically within section 189 of the Army Act.
These amendments impose certain obligations on military personnel and the authorities responsible for declaring active service periods. Military personnel must adhere to the expanded definition of active service, which now includes being part of a force or serving in a declared area, regardless of whether they are on formal active duty. The Governor-General, as the authority responsible for declaring active service, must ensure that such declarations are made with due consideration and based on appropriate criteria to maintain the integrity and operational readiness of the military forces. Additionally, legal counsel and military administrators must interpret and apply this expanded definition correctly in all relevant legal and operational contexts.
Breaches of these regulations or improper declarations by the Governor-General could potentially lead to legal consequences. While the specific offences, penalties, or consequences for non-compliance are not detailed in the provided text, it is reasonable to infer that any failure to adhere to the regulations or to make accurate declarations could result in disciplinary action against military personnel, as well as potential legal ramifications for the authorities involved. The precise penalties would depend on the nature and severity of the breach, but they could range from administrative sanctions to more severe disciplinary measures, depending on the context and the impact of the non-compliance.