STATUTORY RULES.
1941. No. 1.
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 ninth day of January, 1941.
GOWRIE
Governor-General.
By His Excellency’s Command,
ROBERT G. MENZIES
Minister of State for Defence Co-ordination.
National Security (Military Forces) Regulations.
Citation.
1. These Regulations may be cited as the National Security (Military Forces) Regulations.
Appointment of officers of Military Forces in time of war.
2. Notwithstanding anything contained in Section 148 of the Defence Act 1903-1939, the Governor-General may, during any war in which His Majesty is or may be engaged, appoint persons who are not graduates of the Military College established pursuant to the provisions of Section 147 of that Act to be officers of the Permanent Military Forces of the Commonwealth.
Suspension of necessity to pass examination prior to appointment or promotion.
3. Notwithstanding anything contained in the Defence Act 1903-1939 or the Australian Military Regulations, the Governor-General may, during any war in which His Majesty is or may be engaged, appoint any person to be an officer in, or promote an officer of, the Active Military Forces of the Commonwealth if lie considers that person or officer to be qualified for the appointment or promotion, although he has not passed such examination as is prescribed by those Regulations for the rank to which he is appointed or promoted, as the case may be.
* Notified in the Commonwealth Gazette on 13th January, 1941.
Termination of appointment or promotion.
4. Any appointment or promotion made in pursuance of the powers conferred by these Regulations shall be held during the pleasure of the Governor-General:
Provided that any such appointment or promotion shall not continue to have any force or effect after the National Security Act 1939-1940 has ceased to be in operation.
Appointment or promotion not civil contract.
5. No appointment or promotion of an officer pursuant to these Regulations shall create a civil contract between the King or the Commonwealth and the person so appointed or promoted.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The National Security (Military Forces) Regulations, made under the National Security Act 1939-1940, were introduced to address the urgent need for flexible military appointments during times of war. Enacted by the Governor-General in Council, these regulations aimed to provide the necessary authority for the Governor-General to appoint and promote officers in the Military Forces outside the usual constraints of the Defence Act 1903-1939. This was particularly important during wartime when there was a pressing need to fill military ranks swiftly and effectively, without the usual bureaucratic delays. The overarching policy objective was to ensure the military could operate efficiently in times of national emergency, thereby contributing to the national security of Australia.
Scope and Application
The National Security (Military Forces) Regulations 1941, made under the National Security Act 1939-1940, grant the Governor-General the authority to appoint individuals to the rank of officers in the Permanent Military Forces of the Commonwealth during any war in which His Majesty is engaged, regardless of whether these individuals are graduates of the Military College established by the Defence Act 1903-1939. Furthermore, these Regulations permit the Governor-General to appoint or promote individuals to the Active Military Forces of the Commonwealth if they are deemed qualified, even if they have not passed the requisite examinations prescribed by the Australian Military Regulations. These appointments or promotions are made during the Governor-General's pleasure and do not create a civil contract between the King or the Commonwealth and the appointed or promoted individual. The Regulations apply during the period in which the National Security Act 1939-1940 is in operation and are not intended to form a civil contract.
Key Provisions
The National Security (Military Forces) Regulations, made under the National Security Act 1939-1940, provide specific powers to the Governor-General concerning appointments and promotions within the Military Forces during times of war. Regulation 2 allows the Governor-General to appoint individuals who are not graduates of the Military College to be officers in the Permanent Military Forces, overriding the usual requirements set out in Section 148 of the Defence Act 1903-1939. This flexibility is intended to address urgent needs that may arise in wartime. Regulation 3 goes further by permitting the Governor-General to appoint or promote officers in the Active Military Forces without the necessity of passing the prescribed examinations, provided the Governor-General deems the individual qualified. Such appointments or promotions, as detailed in Regulation 4, are subject to the Governor-General's pleasure and will cease to have effect once the National Security Act 1939-1940 is no longer in operation.
These regulations impose specific obligations on the Governor-General and the individuals appointed or promoted under these provisions. The Governor-General is tasked with exercising discretion in appointing and promoting officers, ensuring that these actions align with the exigencies of war. Individuals appointed or promoted under these regulations are expected to perform their duties diligently and in accordance with the needs of the Military Forces during wartime. Regulation 5 clarifies that such appointments do not constitute a civil contract, thereby ensuring that these positions are temporary and contingent upon the operational status of the National Security Act 1939-1940.
Breaches of these regulations or misuse of the powers granted therein do not explicitly outline specific offences, penalties, or consequences within the text. However, the overarching National Security Act 1939-1940 may provide a framework for addressing violations, which could include criminal or civil penalties. The specific penalties would depend on the nature and severity of the breach, as well as any additional legislation or regulations that may apply.