National Security (Military Forces) Regulations (Amendment)

Legislation au C1942L00341 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1942. No. 341.

 

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 first day of August, 1942.

GOWRIE

Governor-General.

By His Excellency’s Command,

 

JOHN CURTIN

Minister of State for Defence.

 

Amendments of the National Security (Military Forces) Regulations. †

Transfer of powers of Military Board to Officer Commanding Military Forces.

1. Regulation 9 of the National Security (Military Forces) Regulations is repealed and the following regulation inserted in its stead:—

“ 9. During any period in which an officer appointed to command the Military Forces of the Commonwealth in time of war holds office, any reference to the Military Board in any Act or in any regulation, order or other instrument made under any Act, shall be read as a reference to that officer.”.

Powers of certain military officers.

2. After regulation 10 of the National Security (Military Forces) Regulations the following regulation is inserted :—

“10a.— (1.) Notwithstanding anything contained in the Defence Act or any regulation made under that Act, the officer for the time being appointed to command the Military Forces of the Commonwealth in time of war may, subject to sub-regulation (3.) of this regulation—

 

* Notified in the Commonwealth Gazette on 1st August. 1942.

† Statutory Rules 1941. No. 1, as amended by Statutory Rules 1941, Nos. 10, 202, 294 and 295; and 1942, Nos. 24, 42, 104, 135, 156, 187 and 240.


 

(a) appoint persons to acting rank (not higher than that of Brigadier) as officers of the Military Forces;

(b) promote officers of the Military Forces to acting or temporary rank (not higher than that of Brigadier) in those Forces;

(c) appoint officers to staff appointments or to command units or formations;

(d) subject to the confirmation of the Minister of State for the Army, fix and alter Establishments and War Equipment Tables and the composition and equipment of units and formations;

(e) transfer officers and soldiers from one unit or corps to another;

(f) place officers and soldiers on a supernumerary list;

(g) second officers and soldiers; and

(h) detail to any corps or unit officers and soldiers placed on a supernumerary list or seconded.

(2.) Notwithstanding anything contained in the Defence Act or any regulation made under that Act, every officer for the time being holding the office or performing the duties of General Officer Commanding an Army of the Australian Military Forces, or Adjutant-General at the Head-quarters of the Military Forces, may, subject to sub-regulation (3.) of this regulation and to any restrictions which may be imposed by the officer for the time being commanding the Military Forces of the Commonwealth in time of war—

(a) appoint persons to acting rank (not higher than that of Major) as officers of the Military Forces;

(b) promote officers of the Military Forces to acting or temporary rank (not higher than that of Major) in those Forces;

(c) appoint officers to staff appointments or to command units or formations except in any case where a higher rank than that of Major is provided in War Establishments;

(d) transfer officers and soldiers from one unit or corps to another;

(e) place officers and soldiers on a supernumerary list;

(f) second officers and soldiers; and

(g) detail to any corps or unit officers and soldiers placed in a supernumerary list or seconded.

(3.) An appointment or promotion to acting or temporary rank made pursuant to sub-regulation (1.) or (2.) of this regulation—

(a) shall have no effect prior to the date on which the appointment or promotion was made;

(b) shall be for a period not exceeding, at any one time, three months; and

(c) shall, within three months of being made, be submitted for confirmation by the Governor-General.


(4.) Every act, matter, thing, right and liability which by virtue or in consequence of an appointment to acting or temporary rank under this regulation is done, suffered, acquired or incurred between the time an officer is so appointed or promoted and the time when his appointment or promotion under this regulation expires shall be as valid and effectual as if it were done, suffered, acquired or incurred by an officer appointed or promoted by the Governor-General to that office in pursuance of the powers conferred on the Governor-General under the Defence Act 1903-1941.

(5.) Unless the contrary intention appears, words used in this regulation have the same meaning as they have in the Australian Military Regulations.”.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1942 No. 341, made under the National Security Act 1939-1940, were introduced by the Governor-General in Council to address the urgent need for streamlined command and control within the Military Forces during wartime. This legislative instrument aimed to transfer certain powers from the Military Board to the Officer Commanding Military Forces, thereby expediting decision-making processes and enhancing operational efficiency. Enacted by the Parliament of Australia, the policy objective was to ensure that the military leadership could swiftly adapt to the demands of war, thereby bolstering the national security framework during a period of heightened global conflict.

Scope and Application

The Regulations under the National Security Act 1939-1940 pertain to the military governance and administration during wartime, specifically affecting the appointment, promotion, and assignment of officers within the Military Forces of the Commonwealth. These regulations apply to officers designated to command the Military Forces during wartime and to other specific military officers, such as those holding the office of General Officer Commanding an Army or Adjutant-General at Headquarters. These military personnel are granted extensive powers to manage and organise the military forces, including the authority to appoint and promote officers to acting or temporary ranks up to Brigadier or Major, respectively, and to make decisions regarding the composition and equipment of military units and formations. These provisions are designed to facilitate swift and decisive action in the military hierarchy during periods of national security crisis. The regulations do not specify geographic limitations but apply nationally within Australia, given the Commonwealth's jurisdiction over defence and military forces. The authority conferred by these regulations extends only to the wartime context and is subject to specific limitations, such as the duration of acting appointments and the requirement for subsequent confirmation by the Governor-General.

Key Provisions

The principal sections of these Regulations under the National Security Act 1939-1940 amend the National Security (Military Forces) Regulations. Regulation 9 is repealed and replaced with a new provision that consolidates the powers of the Military Board under the command of the officer appointed to command the Military Forces of the Commonwealth in time of war (Regulation 9). Regulation 10a is inserted to provide specific powers to the officer commanding the Military Forces, and to other specified military officers, such as the General Officer Commanding an Army or the Adjutant-General at Headquarters (Regulation 10a(1) and (2)). This regulation allows these officers to appoint and promote personnel to acting or temporary ranks, assign staff positions, alter unit compositions, and manage personnel placements, among other things. These Regulations impose several obligations on the relevant military officers. The officer commanding the Military Forces, and other specified officers, must adhere to the limitations set forth in the Regulations when exercising their powers, including the duration of acting or temporary appointments, which cannot exceed three months (Regulation 10a(3)). Moreover, any actions taken by officers under these acting or temporary appointments are considered valid as if they were performed by an officer appointed by the Governor-General, provided the contrary intention is not evident (Regulation 10a(4)). The Regulations also require that any appointments or promotions made under this regulation must be submitted for confirmation by the Governor-General within three months (Regulation 10a(3)(c)). Non-compliance with the provisions of these Regulations may result in legal consequences. While the specific penalties for breaches are not detailed within the Regulations themselves, breaches of regulations under the National Security Act 1939-1940 could potentially lead to civil or criminal penalties as stipulated by other relevant legislation. The severity of these penalties would depend on the nature and extent of the breach, and could include fines or imprisonment, in accordance with applicable laws.

Legal classification tags

Area of Law
National Security Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Offence Provisions
Enforcement Powers
Licensing & Registration

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.