STATUTORY RULES.
1944. No. 130.
––––––
REGULATIONS 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 Regulations under the National Security Act 1939-1943.
Dated this second day of September, 1944.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
Minister of State for Defence.
Amendments of the National Security (Racing Restriction) Regulations.†
Number of meetings not to be increased.
1. Regulation 8 of the National Security (Racing Restriction) Regulations is amended by adding at the end thereof the following sub-regulations:—
“(4.) Where—
(a) large numbers of members of the Defence Force or of any Allied Force are located at any place in the State of Queensland and the Commanding Officer of those forces has certified in writing that additional race-meetings are desirable at that place for the entertainment and relaxation of members of the forces under his command; or
(b) a person or body of persons was prevented from holding race-meetings in the State of Queensland at any time during the previous period whether by reason of the occupation of the race-course of that person or body by any such members, or by other circumstances arising out of the war,
the Premier of that State may authorize such number of race-meetings (not in any case exceeding in any one year the number of meetings held at that place or on that race-course during the year One thousand
* Published in the Commonwealth Gazette on , 1944.
† Statutory Rules 1942, No. 398, as amended by Statutory Rules 1942, Nos. 419 and 434; 1943, Nos. 88, 113, 213 and 261.
4583.—Price 3d. 16/30.8.1944.
nine hundred and forty-one) to be held at that place or on that racecourse, as the case may be, as the Premier thinks fit and it shall not be unlawful by reason only of these Regulations to conduct any race-meeting so authorized.
“(5.) The race-meetings authorized to be held in pursuance of the last preceding sub-regulation shall be in substitution for those which may, in accordance with the provisions of these Regulations, otherwise be held.”.
Particulars of racing in other States not to be published.
2. Regulation 13 of the National Security (Racing Restriction) Regulations is amended by omitting from the first proviso to sub-regulation (1.) the words “the State in which the town is situated or” and inserting in their stead the words “the metropolitan area of the State in which the town is situated or of”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules of 1944, No. 130, were enacted by the Governor-General in Council under the authority of the National Security Act 1939-1943. These regulations address the need to manage racing activities in Queensland during times of national security concern, particularly in light of World War II. The objective is to allow flexibility for the Premier of Queensland to authorise additional race meetings for the entertainment and relaxation of Defence Force members if deemed necessary by the relevant commanding officer, provided these meetings do not exceed the number held in a pre-war year. The regulations also ensure that particulars of racing in other states are not published, thereby maintaining focus on local activities.
These regulations were introduced to provide a framework for the management of racing activities in Queensland during wartime, ensuring that such activities could be controlled to support national security objectives while also allowing for certain exceptions to benefit the morale of military personnel. The policy objective is to balance the restrictions on public entertainment with the need to support the war effort and the welfare of military members.
Scope and Application
The Statutory Rules of 1944, No. 130, made under the National Security Act 1939-1943, specifically amend the National Security (Racing Restriction) Regulations to provide exceptions and additional provisions concerning horse racing in Queensland during the war period. These regulations apply to entities and individuals involved in the organisation and conduct of race meetings in Queensland, particularly in areas where large numbers of Defence Force or Allied Force personnel are stationed. The geographic scope of these amendments is limited to the State of Queensland. The regulations allow the Premier of Queensland to authorise additional race meetings if deemed necessary for the entertainment and relaxation of military personnel, subject to a cap on the total number of meetings per year. Additionally, the regulations restrict the publication of particulars of racing in other states to within the metropolitan areas of those states, thereby limiting the dissemination of information that could potentially aid enemy forces. These amendments reflect a targeted approach to balancing military morale with wartime security measures.
Key Provisions
The Regulations under the National Security Act 1939-1943, particularly those concerning racing restrictions, make specific amendments to the National Security (Racing Restriction) Regulations. Regulation 8 is amended to allow the Premier of Queensland to authorize additional race-meetings under certain conditions. These conditions include instances where large numbers of Defence Force or Allied Force members are stationed in Queensland, and the Commanding Officer certifies the need for additional races for the entertainment and relaxation of the forces, or when race-meetings were previously prevented by circumstances arising from the war (Section 1(4)). Additionally, Regulation 13 is modified to restrict the publication of particulars of racing in other states to only the metropolitan area of the state in which the town is situated (Section 2).
These regulations impose specific obligations on the Premier of Queensland. The Premier must consider the presence of Defence Force or Allied Force members and the historical context of race-meetings being disrupted by war-related circumstances. If these conditions are met, the Premier can authorize additional race-meetings, ensuring they do not exceed the number held in 1941 (Section 1(4)). The amendment to Regulation 13 mandates that any publication regarding racing in other states must be confined to the metropolitan area of the relevant state (Section 2).
Breach of these regulations can lead to civil or criminal consequences. Although the specific penalties are not detailed within the text of the legislation, it is reasonable to infer that non-compliance with these restrictions could result in legal action under the National Security Act 1939-1943. The precise nature and severity of penalties would be determined by the courts based on the circumstances of the breach. The overarching intent of these provisions is to ensure that any authorized deviations from standard racing restrictions are closely monitored and controlled to align with national security imperatives during wartime.