STATUTORY RULES.
1946. No. 11.
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REGULATION UNDER THE NATIONAL SECURITY ACT 1939-1943.*
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 National Security Act 1939-1943.
Dated this seventeenth day of January, 1946.
HENRY
Governor-General.
By His Royal Highness’s Command,
F. M. FORDE
for and on behalf of the Minister of State for Defence.
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Amendment of the National Security (Prisoners of War) Regulations.†
Definitions.
Regulation 2 of the National Security (Prisoners of War) Regulations is amended by omitting from sub-regulation (1.) the definition of “superior authority” and inserting in its stead the following definition:—
“‘superior authority’ means the Adjutant-General, the Commander of Western Command or of a Lines of Communication Area or the officer, not below the rank of brigadier, commanding an Army, Corps or Division of the Australian Military Forces;”.
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* Notified in the Commonwealth Gazette on 21st January, 1946.
† Statutory Rules 1941, No. 178, as amended by Statutory Rules 1941, Nos. 201 and 207; 1942, Nos. 315 and 529; 1943, Nos. 88, 132 and 277; 1944, No. 78; and 1945, No. 102.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
6797.—Price 3d.
Overview
The Statutory Rules 1946 No. 11, made under the National Security Act 1939-1943, was enacted to address the administrative and operational needs arising from the management of prisoners of war during and shortly after World War II. This regulation, issued by the Governor-General in Council, amends the existing National Security (Prisoners of War) Regulations to refine the definition of "superior authority" to include the Adjutant-General, the Commander of Western Command or of a Lines of Communication Area, or any officer of the rank of brigadier or higher commanding an Army, Corps, or Division within the Australian Military Forces. The policy objective of this amendment is to ensure clear and effective command structures are in place for the oversight and management of prisoners of war, thereby enhancing the administration and control of these sensitive operations.
Scope and Application
This legislative instrument, made under the authority of the National Security Act 1939-1943, amends the National Security (Prisoners of War) Regulations by altering the definition of "superior authority". This regulation applies to the Adjutant-General, the Commander of Western Command or of a Lines of Communication Area, or any officer of the Australian Military Forces holding a rank not below that of brigadier, who is in command of an Army, Corps, or Division. The scope of the regulation is thus confined to military personnel of specified ranks within certain command structures, particularly those involved in the management and oversight of prisoners of war. Geographically, this regulation is applicable within the Commonwealth of Australia, reflecting the national focus of the National Security Act 1939-1943. The regulation does not explicitly mention exclusions or thresholds but implicitly excludes all individuals not fitting the specified ranks and command roles. The regulation may be further extended or clarified through subordinate instruments issued under the authority of the Act.
Key Provisions
The Statutory Rules of 1946, Number 11, under the National Security Act 1939-1943, primarily focuses on amending the definition of “superior authority” within the National Security (Prisoners of War) Regulations. Regulation 2 now defines “superior authority” as the Adjutant-General, the Commander of Western Command or of a Lines of Communication Area, or any officer not below the rank of brigadier, commanding an Army, Corps, or Division of the Australian Military Forces (Regulation 2(1)). This amendment provides clarity on who holds the authority over prisoners of war within the military hierarchy.
Under this legislation, the specified authorities, namely the Adjutant-General, the Commander of Western Command or of a Lines of Communication Area, and officers of the rank of brigadier or higher, are tasked with overseeing the treatment and management of prisoners of war. These authorities must ensure compliance with the regulations governing prisoners of war, including the provision of necessary care and the maintenance of proper records (Regulation 2(1)).
The legislation outlines potential consequences for breaches of these regulations. While specific offences, penalties, or consequences are not detailed within the provided text, it is reasonable to infer that non-compliance could lead to disciplinary actions or other legal repercussions as stipulated under the overarching National Security Act 1939-1943. The severity of these consequences would depend on the nature and extent of the breach, and could potentially include both civil and criminal penalties as outlined in the main Act.