National Security (Munitions) Regulations (Amendment)

Legislation au C1948L00002 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1948. No. 2.

 

REGULATION UNDER THE DEFENCE (TRANSITIONAL PROVISIONS) ACT 1946-1947.*

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 Defence (Transitional Provisions) Act 1946-1947.

Dated this eighth day of January, 1948.

W. J. McKELL

Governor-General.

By His Excellency’s Command,

R. T. POLLARD

for and on behalf of the Minister of State for Post-war Reconstruction.

 

Amendment of the National Security (Munitions) Regulations.†

After regulation 33 of the National Security (Munitions) Regulations the following regulations are inserted :—

Entry upon and use of land.

“34.—(1.) The Minister may authorize entry upon, and the use on behalf of the Commonwealth of, any area of land or water for the purposes of the setting up of ranges and establishments in Australia for testing, or for carrying out operations for the testing, of long-range weapons in pursuance of these Regulations.

“(2.) A person who suffers any loss or damage by reason of anything done in pursuance of sub-regulation (1.) of this regulation in relation to any land or water in which he has any legal or equitable interest shall be entitled to be paid such compensation as is determined by agreement with the Minister or, in the absence of agreement, as is determined by a court of competent jurisdiction.

“(3.) This regulation shall bind the Crown in right of the Commonwealth or of a State.

Prohibited areas.

“35.—(1.) If it appears to the Minister that, with respect to any place used or intended to be used as a factory, range or establishment for the provision or testing, or for carrying out operations for the testing, of long-range weapons, it is necessary or expedient in the interests of the safety or defence of the Commonwealth that special precautions should be taken to prevent the entry of unauthorized persons into that place, he may, by notice published in the Gazette, declare that place to be a prohibited area for the purposes of these Regulations and that place shall, until the notice is revoked, be a prohibited area for the purposes of these Regulations.

 

* Notified in the Commonwealth Gazette on 9th January, 1948.

† Being the Regulations having that title as in force under the Defence (Transitional Provisions) Act 1946-1947, as amended by Statutory Rules 1947, No. 98. The Regulations under the National Security Act 1939-1946 having the corresponding title comprise Statutory Rules 1945, No. 84, as amended by Statutory Rules 1946, No. 175.

27.—Price 3d.


“(2.) A person shall not enter, be or remain in a prohibited area except with the permission of an authority or person authorized by the Minister to give such permissions.

“(3.) A permission under the last preceding sub-regulation may be given subject to such conditions (including conditions as to the conduct in the prohibited area of the person to whom the permission is given) as the authority or person giving the permission considers necessary for the protection of persons and property in the area and of official secrets, and a person shall comply with and observe every such condition which is applicable to him.

“(4.) A person who enters, is or remains in a prohibited area in contravention of this regulation, or who fails to comply with or observe any condition applicable to him under the last preceding sub-regulation may, without prejudice to any proceedings which may be taken against him, be removed from the prohibited area by or under the direction of a constable or Commonwealth officer or person thereto authorized by the Minister.

“(5.) Where, by reason of this regulation or of anything done in pursuance of this regulation, a person ordinarily resident in a prohibited area at the time when the area becomes a prohibited area suffers any loss or damage in circumstances which, in the opinion of the Minister, entitle him to be compensated by the Commonwealth, he shall be paid by the Commonwealth such compensation as the Minister determines.

“(6.) This regulation shall bind the Crown in right of the Commonwealth or of a State.

Protection of persons and property.

“36.—(1.) If in respect of any factory the Minister is satisfied that safety measures should be taken against risks arising from any operations at that factory or for the protection of property of the Commonwealth, he may authorize the taking of such action as appears to him to be necessary or expedient for the protection of persons or property in the factory.

“(2.) The power of the Minister under this regulation shall include power to authorize the search of persons entering or seeking to enter, or being within, any factory : Provided that no woman shall be searched in pursuance of any such authorization except by a woman.”.

 

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

Overview

The Statutory Rules 1948, No. 2, issued under the Defence (Transitional Provisions) Act 1946-1947, provide for the amendment of the National Security (Munitions) Regulations. Enacted by the Governor-General in Council, these regulations aim to address the transitional needs of the Australian Defence Force as it shifts from wartime to peacetime operations, ensuring that the necessary measures are in place for the protection and control of munitions and related activities. The regulations allow the Minister to authorise the entry and use of land for testing long-range weapons, establish prohibited areas to enhance security, and implement protective measures within munitions factories. This legislation reflects the policy objective of maintaining national security and safeguarding both personnel and property during the post-war transition period.

Scope and Application

This statutory rule made under the Defence (Transitional Provisions) Act 1946-1947 pertains to the regulation of munitions and defence activities within Australia, specifically concerning the entry upon and use of land for testing long-range weapons. The regulation applies to any person or entity that may suffer loss or damage as a result of activities authorised by the Minister under this rule. It extends to any land or water where such activities take place and binds the Crown in right of the Commonwealth or a State. The regulation also applies to the declaration of prohibited areas, where entry is restricted to authorised persons only, and provides for compensation to those affected by such restrictions. Additionally, the rule empowers the Minister to take necessary safety measures and conduct searches at factories, with special provisions for the search of women by female personnel. These regulations have a national reach as they concern activities across Australia, and they may be further detailed or modified through subordinate instruments issued under the authority of the Act.

Key Provisions

The main operative sections of the Statutory Rules 1948, No. 2 under the Defence (Transitional Provisions) Act 1946-1947, pertain to the authorization of entry upon and use of land for the purposes of setting up ranges and establishments for testing long-range weapons (Regulation 34), the declaration of prohibited areas where special precautions are necessary for safety or defence (Regulation 35), and the authorization of actions for the protection of persons and property within factories (Regulation 36). Regulation 34 allows the Minister to authorize entry upon and use of land for the Commonwealth, with compensation to be provided to any person suffering loss or damage as a result of such actions. Regulation 35 permits the Minister to declare a place used or intended for the provision or testing of long-range weapons as a prohibited area, restricting entry without permission from an authorized authority or person. Regulation 36 empowers the Minister to take necessary actions to protect persons and property in factories, including authorizing the search of persons entering or within the factory, with specific provisions for the search of women by women only. The obligations and requirements imposed by these Regulations on the parties or entities they govern primarily concern the Minister's discretion in authorizing actions related to land use, the declaration of prohibited areas, and the protection of persons and property in factories. The Minister must consider the necessity and expediency of actions in the interests of safety, defence, or protection, and must ensure that any actions taken comply with the Regulations, including providing compensation for loss or damage. Permissions for entry into prohibited areas must be granted subject to conditions deemed necessary by the authority or person granting permission. Additionally, the Regulations bind the Crown in right of the Commonwealth or of a State, indicating the legal authority and responsibility of the Commonwealth in these matters. Offences, penalties, or consequences for breach of these Regulations are not explicitly stated within the text of the Statutory Rules. However, the Regulations outline specific actions that may be taken against individuals who enter prohibited areas in contravention of Regulation 35 or fail to comply with conditions applicable to them, including removal from the prohibited area by a constable or authorized person. Furthermore, Regulation 36 allows for the search of persons within factories, and any failure to comply with search authorizations could result in further legal actions. While maximum penalties are not specified, the Regulations provide a framework for enforcement and the protection of national security interests.

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