National Security (Military Forces) Regulations (Amendment)

Legislation au C1943L00207 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1943. No. 207.

 

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.*

I, THE DEPUTY OF 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 1939-1943.

Dated this sixteenth day of August, 1943.

Deputy of the Governor-General.

By His Excellency’s Command,

(Sgd.) F. M. FORDE

for and on behalf of the Minister of State for Defence.

 

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

Termination of appointment or promotion.

1. Regulation 4 of the National Security (Military Forces) Regulations is amended by inserting, after the word “by”, the words and figures “regulation 2 or regulation 3 of”.

Lines of Communication Areas.

2. Regulation 10 of the National Security (Military Forces) Regulations is amended by adding at the end thereof the following sub-regulation:—

“(3.) In any judicial proceedings the averment of the prosecutor or prosecuting officer that a place specified in the charge, information or indictment is within a stated Lines of Communication Area or a division of that Area, shall be conclusive evidence of that fact and that the officer appointed to command the Military Forces in time of war has duly appointed that Lines of Communication Area or that division of that Area.”.

Powers of certain military officers.

3. Regulation 10a of the National Security (Military Forces) Regulations is amended by inserting after sub-regulation (3.) the following sub-regulation:—

“(3a.) Where a member of the Military Forces is appointed to acting rank pursuant to sub-regulation (1.) or sub-regulation (2.) of

 

* Notified in the Commonwealth Gazette on , 1943.

† Statutory Rules 1941, No. 1, as amended by Statutory Rules 1941, Nos. 10, 202, 294 and 295; 1942, Nos. 24, 42, 104, 135, 156, 187, 240, 277, 341, 491 and 492.

3764.—Price 3d. 24/30.6.1943.

this regulation, the substantive rank held by him prior to that appointment shall not lapse but shall remain in abeyance pending confirmation of the appointment by the Governor-General, and, in the event of the Governor-General not confirming the appointment, the member shall revert to that substantive rank from the date on which he receives notification that the appointment has not been confirmed.”.

4. The National Security (Military Forces) Regulations are amended by adding at the end thereof the following regulation:—

Employment on civil work.

“19—(1.) The officer for the time being appointed to command the Military Forces in time of war, or any officer appointed by him for the purpose, may authorize the temporary engagement of members of the Military Forces in urgent civil work of national importance, and, thereupon, it shall be the duty of every such member (hereinafter referred to as ‘the member’) to obey any command given by his superior officer in relation to that work, and every such command shall be deemed to be a lawful military command.

(2.) A person for whom the member is performing or about to perform work in accordance with this regulation (hereinafter referred to as ‘the employer’) shall enter into such undertaking concerning the terms and conditions under or upon which the work is to be performed as the Director-General of Man Power requires.

(3.) The employer shall not, by act or omission, fail to observe or perform any of the terms and conditions contained in any undertaking entered into by him under the last preceding sub-regulation.

(4.) If the member absents himself from work during ordinary working hours without the authority of the employer, the employer shall notify, in writing, the member’s superior officer—

(a) of the time at which the absence commenced, and

(b) if the member returns to work, of the time at which the absence terminated,

immediately upon his becoming aware of the member’s absence, or return, as the case may be.

(5.) If the member becomes ill or suffers injury or dies during the period of his engagement, the employer shall notify, in writing, the member’s superior officer of the fact, together with any information known to him which in any way relates to the member’s illness, injury or death, as the case may be.

(6.) In this regulation, ‘superior officer’ includes any officer or soldier under whose command the member is placed during the period of his engagement in civil work in accordance with this regulation”.

 

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

Overview

Statutory Rules 1943, No. 207, made under the National Security Act 1939-1943, was enacted to address the urgent need to adapt military regulations to wartime conditions, ensuring effective and timely responses to national security challenges. The Regulations were made by the Deputy of the Governor-General, acting with the advice of the Federal Executive Council, to amend the National Security (Military Forces) Regulations and provide greater flexibility in managing military personnel during wartime. The policy objective of these amendments is to enhance the efficiency and responsiveness of military operations by clarifying the procedures for temporary appointments, addressing the need to utilise military personnel for civil work of national importance, and ensuring that the chain of command remains clear and enforceable.

Scope and Application

The Statutory Rules 1943 No. 207 amends the National Security (Military Forces) Regulations under the National Security Act 1939-1943, impacting members of the Military Forces during wartime. This legislation applies to individuals serving in the military, specifically addressing the regulation of their appointments, ranks, and temporary engagement in civil work of national importance. The changes include amendments to the termination of appointments or promotions, the establishment of Lines of Communication Areas, the powers of certain military officers, and the conditions under which military personnel can be temporarily engaged in civil work. The regulations are designed to maintain military discipline and ensure that military personnel can be efficiently deployed in critical national tasks when required. The reach of these regulations is national, as they pertain to the federal military forces of Australia. These amendments clarify and expand the powers and responsibilities of military officers, ensuring that the chain of command and the authority of appointed officers are upheld. The regulations also establish clear procedures for engaging military personnel in civil work, including the obligations of employers who utilise military personnel for such tasks. The legislative instrument does not specify any exclusions, exemptions, or thresholds, but rather focuses on the operational aspects of military administration during wartime. The application of these regulations is broad, affecting all members of the military forces and their employers, and they are applicable across the Commonwealth of Australia.

Key Provisions

The main operative sections of these Regulations under the National Security Act 1939-1943 include amendments to existing regulations concerning the appointment or promotion of military personnel, the designation of Lines of Communication Areas, and the powers of certain military officers. For instance, Regulation 4 is amended to clarify that the termination of an appointment or promotion of a military officer can be effected by regulation 2 or regulation 3 (Regulation 1(1)). Additionally, Regulation 10 is amended to state that in judicial proceedings, the averment by the prosecutor that a specified place falls within a Lines of Communication Area or a division thereof, is conclusive evidence of that fact (Regulation 2). Regulation 10a is further amended to ensure that the substantive rank of a member of the Military Forces who has been appointed to an acting rank remains in abeyance until the appointment is confirmed by the Governor-General, or reverts to that rank if the appointment is not confirmed (Regulation 3). The Regulations also introduce a new provision allowing the engagement of military personnel in urgent civil work of national importance (Regulation 4). These Regulations impose obligations on military officers and employers engaging military personnel for civil work. Military officers are required to obey lawful commands given to them for civil work, and employers must enter into undertakings concerning the terms and conditions of such work as required by the Director-General of Man Power. Employers also have the responsibility to notify the military of any absences, illnesses, injuries, or deaths of military personnel engaged in civil work. These obligations ensure that the engagement of military personnel for civil purposes is conducted in an orderly and lawful manner, with clear lines of communication and accountability. Breaches of these Regulations can result in various consequences. Employers who fail to observe the terms and conditions of the undertakings they enter into with the military, or who fail to notify the military of absences, illnesses, injuries, or deaths of military personnel engaged in civil work, can be held liable. The specific consequences for such breaches are not detailed in the Regulations, but they may include administrative or legal penalties. The Regulations do not explicitly outline criminal or civil penalties for breaches, but the nature of the obligations suggests that failure to comply could result in disciplinary action against the employer or the military personnel involved.

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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.