STATUTORY RULES.
1943. No. 308.
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 twenty first day of December, 1943.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
for and on behalf of the Minister of State for Defence.
Amendments of the National Security (Rationing) Regulations.†
Responsibility of employer for acts of employee.
1. Regulation 36 of the National Security (Rationing) Regulations is amended by omitting the words “or of any Order made under these Regulations”.
2. The National Security (Rationing) Regulations are amended by adding at the end thereof the following regulation:—
Proof of ration documents.
“37. In any prosecution for a contravention of, or failure to comply with, any provision of these Regulations, the averment of the prosecutor contained in the information or complaint that a specified book, part of a book, coupon or document is a ration document shall be prima facie evidence of the matter so averred.”.
* Notified in the Commonwealth Gazette on , 1943.
† Statutory Rules 1942, No. 228, as amended by Statutory Rules 1942, No. 261; and 1943, Nos. 88 and 154.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
7351.—Price 3d. 9/11.12.1943.
Overview
The Statutory Rules 1943 No. 308, enacted under the National Security Act 1939-1943, addresses the need for amendments to the National Security (Rationing) Regulations to ensure effective enforcement of rationing measures during the wartime period. The enactment was authorised by the Governor-General in accordance with the advice of the Federal Executive Council. This legislative instrument introduces amendments to the existing regulations, focusing on holding employers accountable for the actions of their employees in relation to rationing, and establishing a prima facie presumption in prosecutions for rationing violations that certain documents are indeed ration documents. The underlying policy objective of these regulations is to strengthen the enforcement mechanisms for national security measures, particularly in the context of rationing, to support the war effort.
Scope and Application
The Regulations under the National Security Act 1939-1943 apply to employers and their employees within the Commonwealth of Australia, focusing on their responsibilities under the National Security (Rationing) Regulations. These regulations were amended to place the responsibility on employers for the acts of their employees, ensuring that they adhere to the provisions of rationing as stipulated by the Act. This regulatory framework is designed to ensure compliance with national security measures, particularly in the context of wartime rationing, by holding employers accountable for the actions of their workforce. The Regulations also introduce a new provision which stipulates that in any prosecution for a breach of the National Security (Rationing) Regulations, the prosecutor’s averment that a specified document is a ration document shall be considered prima facie evidence. This amendment aims to streamline the enforcement process and ensure the integrity of rationing controls. The geographic reach of these Regulations is national, extending throughout the Commonwealth of Australia, and they apply to all entities and individuals involved in activities governed by the National Security (Rationing) Regulations.
Key Provisions
The Statutory Rules of 1943, No. 308, under the National Security Act 1939-1943, primarily revise the National Security (Rationing) Regulations. Regulation 36 of these regulations is amended by removing the phrase "or of any Order made under these Regulations" (Section 1). Furthermore, the Regulations are extended with a new regulation that addresses the proof of ration documents. According to this new regulation, in any prosecution related to a contravention or failure to comply with the Regulations, the prosecutor's assertion in the information or complaint that a specified book, part of a book, coupon, or document is a ration document is considered prima facie evidence of that assertion (Section 2, Regulation 37).
Under these Regulations, employers bear the responsibility for the acts of their employees. This implies that employers must ensure their employees comply with the stipulations of the National Security (Rationing) Regulations. This requirement places a duty on employers to monitor and enforce adherence to the rationing rules within their workforce, ensuring that all employees are aware of and comply with the regulations. Employers must be vigilant in preventing any contraventions of these regulations by their employees and take appropriate action when necessary.
The Statutory Rules also delineate specific consequences for breaches of the National Security (Rationing) Regulations. While the statutory instrument does not explicitly state the penalties for non-compliance, it is understood that breaches of regulations under the National Security Act 1939-1943 could lead to criminal charges. The severity of the penalties would depend on the specific nature and gravity of the contravention, and could potentially include fines and imprisonment. The burden of proof in prosecutions under these Regulations is eased by the prima facie nature of the evidence concerning ration documents, making it easier for prosecutors to establish contraventions.