STATUTORY RULES.
1939. No.152.
REGULATION UNDER THE NATIONAL SECURITY ACT 1939.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make a following Regulation under the National Security Act 1939.
Dated this sixteenth day of November 1939.
Governor-General
By His Excellency’s Command.
for Minister of State for Defence Co-ordination.
AMENDMENT OF THE NATIONAL SECOURITY (PRICES) REGULATIONS.†
After regulation 7 for the National Security (Prices)
Regulations, the following regulations is inserted:–
The Minister, Commissioner, etc., not compellable witnesses.
“7a. The Minister or the Commissioner, or a person who is or has been Deputy Commissioner, or an adviser shall not be a compellable witness in any proceedings against any person for contravening or falling to comply with –
(a) any provision of these Regulation; or
(b) any provision of the Defence (National Security – General) Regulations, or any provision of any order made in pursuance of any provision of those Regulations, regulating the sale or purchase of any articles or controlling the prices at which articles may be sold”.
* Notified in the Commonwealth Gazette on , 1939.
† Statutory Rules 1939, No. 110, as amended by Statutory Rules 1939, Nos. 114, 119 and 127.
Overview
The National Security Act 1939 was enacted to address the immediate threats posed by the Second World War and to provide the Australian government with comprehensive powers to safeguard national security. This legislation, enacted by the Australian Parliament, aimed to empower the government to take necessary actions to protect the nation against external threats and to regulate activities that could compromise national security. The policy objective was to ensure that the government could effectively coordinate and manage national security measures in response to the exigencies of wartime. The Statutory Rules of 1939, including Statutory Rules No. 152, were made under this Act to implement specific regulations, such as those concerning the control of prices and the designation of certain officials as non-compellable witnesses in proceedings related to national security regulations. These measures were integral in maintaining the stability and security of the nation during a period of global conflict.
Scope and Application
The Statutory Rules of 1939, No. 152, under the National Security Act 1939, specifically amends the National Security (Prices) Regulations by introducing Regulation 7a. This regulation serves to protect certain officials from being compelled to testify in legal proceedings against individuals who violate the provisions of the National Security (Prices) Regulations or the Defence (National Security – General) Regulations, including any orders made under them. The protected officials include the Minister, the Commissioner, any person who has held the position of Deputy Commissioner, and any advisers. This protective measure applies to any contraventions or non-compliance with regulations pertaining to the sale or purchase of articles and the control of prices at which these articles may be sold. The geographic reach of these regulations is national, as they are established under the Commonwealth's authority and apply across the entire nation. The regulations do not specify exclusions or exemptions but focus on limiting the scope of witness compellability for high-ranking officials involved in national security matters. Additionally, the Act's application may be further extended or restricted through subordinate instruments, which are not specified in the provided text.
Key Provisions
The main operative section of the Regulation is section 7a, which stipulates that certain officials, including the Minister, Commissioner, Deputy Commissioner, and their advisers, will not be compellable witnesses in any proceedings related to contraventions of the National Security (Prices) Regulations or Defence (National Security – General) Regulations (section 7a). This provision aims to protect these officials from being compelled to testify in cases where individuals are accused of violating price control regulations or other related provisions.
The Act imposes several obligations on the parties it governs. Firstly, it establishes that the Minister, Commissioner, Deputy Commissioner, or any adviser cannot be forced to testify in legal proceedings concerning breaches of the National Security (Prices) Regulations or Defence (National Security – General) Regulations (section 7a). This protection is intended to ensure that these officials can carry out their duties without undue interference or intimidation from legal processes. Additionally, the regulation reinforces the importance of maintaining the integrity and independence of these roles in enforcing national security measures.
Failure to comply with the provisions of the National Security (Prices) Regulations or Defence (National Security – General) Regulations can result in criminal and civil penalties. Although the specific penalties are not detailed in the provided text, it is reasonable to infer that breaches of these regulations could lead to legal consequences under the broader National Security Act 1939. Penalties could include fines, imprisonment, or other sanctions as stipulated by the overarching legislation. The protection of officials from being compellable witnesses is intended to support the enforcement of these regulations without undermining the roles of key personnel involved in national security.