STATUTORY RULES.
1943. No. 160.
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 twelfth day of June, 1943.
GOWRIE
Governor-General.
By His Excellency’s Command,
C. W. FROST
for and on behalf of the Minister of State for Defence.
——
Amendments of the National Security (Patriotic Funds) Regulations.†
1. After regulation 1 of the National Security (Patriotic Funds) Regulations, the following regulation is inserted:—
Administration.
“1a. These Regulations shall be administered by the Minister of State for Repatriation.”.
Power to wind up funds when no longer required.
2. Regulation 12 of the National Security (Patriotic Funds) Regulations is amended by omitting the words “Governor-General that the assets remaining in any fund are no longer required for the purposes for which the fund was established, he” and inserting in their stead the words “Commission that it is desirable to wind up the affairs of any fund, the Commission”.
Banks to supply information as to certain accounts.
3. Regulation 20 of the National Security (Patriotic Funds) Regulations is amended—
(a) by omitting the word “Whenever” and inserting in its stead the words “—(1.) Subject to the next succeeding sub-regulation, whenever”; and
* Notified in the Commonwealth Gazette on 19th June, 1943.
† Statutory Rules 1940, No. 131, as amended by Statutory Rules 1941, No. 176.
2808.—Price 3d.
(b) by adding at the end thereof the following sub-regulation:—
“(2.) Where the Commission is satisfied that adequate measures are being taken by a bank to prevent the opening of accounts in respect of patriotic funds—
(a) which have been established without approval under regulation 7 of these Regulations; or
(b) by persons who are not lawfully authorized to open the accounts,
the Commission may give notice in writing to the bank that it shall not be necessary for the bank to notify the fact that an account has been opened with the bank under a name indicating that the account is in respect of a patriotic fund and, so long as the notice continues in force, it shall not be necessary for the bank to notify that fact accordingly.”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
Statutory Rules 1943 No. 160, Regulations under the National Security Act 1939-1940, was enacted to make amendments to the National Security (Patriotic Funds) Regulations. This legislative instrument was introduced to address the need for updated administrative procedures and oversight mechanisms for patriotic funds, particularly in the context of national security during wartime. The Regulations were made by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and they specify that these Regulations are to be administered by the Minister of State for Repatriation. The policy objective of these amendments appears to be to streamline the administration of patriotic funds and to ensure that they are managed effectively and in accordance with the purposes for which they were established.
Scope and Application
The Statutory Rules 1943 No. 160, made under the National Security Act 1939-1940, pertain to the administration and regulation of patriotic funds during times of national security concern. These regulations apply to the administration of funds established for patriotic purposes, with the Minister of State for Repatriation taking on the responsibility of administering these Regulations. The regulations specifically address the winding up of funds deemed no longer necessary for their original purposes, a decision now vested in the Commission rather than the Governor-General. Additionally, they impose obligations on banks to provide information about certain accounts related to patriotic funds, though they also provide the Commission with the authority to exempt banks from notifying the opening of such accounts under specific conditions. These Regulations extend across the Commonwealth of Australia, affecting all entities and individuals involved in the administration or use of patriotic funds within this jurisdiction. The scope and application of these Regulations are further defined and potentially expanded through subordinate instruments, allowing for adjustments and detailed provisions as necessary to meet evolving national security needs.
Key Provisions
The primary operative sections of the Regulations under the National Security Act 1939-1940 (C1943L00160) include the introduction of a new regulation (1a) that assigns the administration of the National Security (Patriotic Funds) Regulations to the Minister of State for Repatriation. Additionally, regulation 12 is amended to shift the authority to wind up funds from the Governor-General to the Repatriation Commission, provided the Commission determines that it is desirable to wind up the affairs of any fund. Regulation 20 is also amended to allow the Commission to exempt banks from notifying it of accounts opened under names indicating they are for patriotic funds, if the Commission is satisfied that adequate measures are in place to prevent unauthorised or unapproved fund accounts.
These Regulations impose several obligations and requirements on the relevant parties. The Minister of State for Repatriation is tasked with the administration of the National Security (Patriotic Funds) Regulations, which includes ensuring the proper management and oversight of patriotic funds. The Repatriation Commission is granted the authority to decide when it is desirable to wind up the affairs of any fund, thereby controlling the closure and dissolution processes of these funds. Banks are required to take adequate measures to prevent the opening of unauthorised or unapproved patriotic fund accounts, and must comply with any written notice from the Commission exempting them from notification obligations under certain conditions.
The Regulations do not explicitly detail offences or penalties for non-compliance. However, breaches of the regulations or failure to adhere to the requirements and obligations set forth could potentially lead to legal consequences under the broader National Security Act 1939-1940. Such consequences might include administrative actions, fines, or other penalties as determined by the relevant authorities under the Act. The specific penalties would depend on the nature and severity of the breach, and would be subject to the provisions of the overarching legislation.