STATUTORY RULES.
1944. No. 83.
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 thirty-first day of May, 1944.
GOWRIE
Governor-General.
By His Excellency’s Command,
H. V. EVATT
for and on behalf of the Minister of State for Defence.
National Security (Regulations Revision) Regulations (No. 3).
Citation.
1. These Regulations may be cited as the National Security (Regulations Revision) Regulations (No. 3).
Administration.
2. These Regulations shall be administered by the Attorney-General.
Regulations amended by Schedule.
3. The Regulations specified in the first column of the Schedule to these Regulations are amended as respectively specified in the second column of that Schedule.
THE SCHEDULE.
Reg. 3.
Regulations. | Amendments. |
National Security (Aliens Control) Regulations National Security (Coal Mining Industry Employment) Regulations | Regulation 5— Add at end of paragraph (a) of sub-regulation (3.) the word “or” Regulation 3— Omit the words “Part Ia.—The Central Coal Authority.”. Regulation 4— Omit from the definition of “industrial dispute” the words “, but does not, in Part II. of these Regulations, include any industrial dispute to which Part Ia. relates“ |
*Notified in the Commonwealth Gazette on 1st June, 1944.
2788.—Price 3d.
The Schedule—continued.
Regulations. | Amendments. |
National Security (Contracts Adjustment) Regulations | Regulation 7— Omit from sub-regulation (1.) “4 or 5”, insert “4, 4a or 5” |
| Regulation 15— Sub-regulation (3a.), inserted by Statutory Rules 1943, No. 317, re-number as “(3aa.)” |
National Security (Economic Organization) Regulations | Regulation 3— After “Part III.—Prohibition of Transfer of Certain Property.”, insert “Part IIIa.—Prohibition of Transfer of Residential Businesses.” |
National Security (Egg Industry) Regulations | Regulation 36— Omit from sub-regulation (4.) “may”, insert “shall” |
Statutory Rules 1944, No. 9— Amendment of the National Security (General) Regulations | Omit from paragraph (b) “adding at the end”, insert “inserting after paragraph (e)” |
National Security (Information) Regulations | Regulations 2, 5, 6, 6a, 7, 8, 9 and 10— Omit “Secretary” (wherever occurring), insert “Director-General” |
| Regulation 6a— Omit “Defence Co-ordination”, insert “Information” |
National Security (Prices) Regulations | Regulation 45a (inserted by Statutory Rules 1944, No. 25)— |
| Re-number as “45aa” |
Statutory Rules 1943, No. 308— Amendments of the National Security (Rationing) Regulations | Regulation.2— Omit “adding at the end thereof”, insert “inserting after regulation 36” |
National Security (Supplementary) Regulations | Regulation 81— Omit from sub-regulation (3.) “Commerce”, insert “Supply and Shipping” Regulations 109, 110 and 112a— Omit the regulations |
National Security (War Service Moratorium) Regulations | Regulation 22— Omit from sub-regulation (1.) “would be issued is, or the debtor’s summons would be issued or the petition presented,”, insert “or the debtor’s summons would be issued, or the petition presented, is” |
| Regulation 30— Omit from sub-regulation (6.) “(being a protected person,”, insert “(being a protected person)” |
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The National Security (Regulations Revision) Regulations (No. 3) 1944 were enacted to revise existing regulations under the National Security Act 1939-1943, primarily in response to the evolving demands of the Second World War and the need to more effectively manage various aspects of national security and resource allocation. This legislative instrument was promulgated by the Governor-General in Council, reflecting the urgency and importance of the measures in ensuring the national security of Australia during a time of war. The policy objective of these regulations was to streamline and update the administrative and regulatory framework to better align with the current national security needs, particularly in areas such as the control of aliens, the regulation of certain industries, and the adjustment of economic activities to support the war effort.
Scope and Application
The National Security (Regulations Revision) Regulations (No. 3) apply to various pre-existing regulations under the National Security Act 1939-1943, modifying their provisions to align with evolving national security needs during a critical period of the Second World War. These regulations, administered by the Attorney-General, affect a range of industries and activities, including aliens control, coal mining, contracts, economic organisation, egg production, information dissemination, pricing, rationing, supplementary measures, and war service moratoriums. The amendments include the insertion, omission, or alteration of specific words or phrases in various regulations to ensure their continued relevance and effectiveness in the national security context. These changes are intended to streamline and enhance the enforcement of national security measures across the Commonwealth of Australia, without explicitly excluding any particular entities or industries from their purview. The broad jurisdictional reach of these regulations underscores their significance in maintaining national security during wartime.
Key Provisions
The National Security (Regulations Revision) Regulations (No. 3) amends several existing regulations under the National Security Act 1939-1943. These amendments include updates to the National Security (Aliens Control) Regulations, where the word “or” is added at the end of paragraph (a) of sub-regulation (3), and the Central Coal Authority is omitted from the definition of “industrial dispute” (Schedule, Regulation 3 and 4). The National Security (Contracts Adjustment) Regulations see the insertion of “4a” into sub-regulation (1) of Regulation 7 and a re-numbering of sub-regulation (3a) to (3aa) (Schedule, Regulation 7 and 15).
These regulations impose various obligations on the parties they govern. For example, the amendments to the National Security (Economic Organization) Regulations introduce a new Part IIIa, which prohibits the transfer of residential businesses (Schedule, Regulation 3). The National Security (Egg Industry) Regulations now require compliance with certain provisions under Regulation 36, where “shall” replaces “may” (Schedule, Regulation 36). The National Security (Information) Regulations mandate that the term “Secretary” be replaced with “Director-General” in several regulations (Schedule, Regulations 2, 5, 6, 6a, 7, 8, 9, and 10). These changes ensure that the relevant authorities and entities are clearly defined and their roles are updated accordingly.
Failure to comply with these regulations may result in civil or criminal consequences, including penalties. While specific penalties are not detailed in the text, it is likely that breaches of these regulations could lead to fines or other legal actions as provided under the National Security Act 1939-1943. The severity of the penalties would depend on the nature and extent of the breach, as well as any additional provisions outlined in the primary Act or related legislation.