National Security (Requisitioned Cargoes) Regulations (Amendment)

Overview

The Statutory Rules of 1947, No. 47, made under the Defence (Transitional Provisions) Act 1946, address the need for a structured transition from wartime measures to peacetime governance. Enacted by the Governor-General in Council, these regulations specifically amend the National Security (Requisitioned Cargoes) Regulations to establish a Requisitioned Cargoes Committee. This committee is intended to manage the transition of requisitioned cargoes from military to civilian control effectively. The policy objective behind these amendments is to ensure that the transition is managed with appropriate expertise, including representation from customs, commerce, and treasury, thus facilitating a smooth and efficient handover of responsibilities.

Scope and Application

The regulation under the Defence (Transitional Provisions) Act 1946, specifically amending the National Security (Requisitioned Cargoes) Regulations, pertains to the establishment and function of the Requisitioned Cargoes Committee. This committee is integral to the management of requisitioned cargoes under the national security framework. The committee comprises the Comptroller-General of Customs, the Executive Officer appointed by the Minister, a representative from the Department of the Treasury appointed by the Treasurer, and a person with commercial experience appointed by the Minister. This committee is tasked with overseeing the requisition and management of goods deemed necessary for national security, ensuring that these activities are conducted efficiently and in accordance with the legal and regulatory requirements set forth by the Commonwealth government. The amendment modifies the composition and certain procedural aspects of the committee, reflecting an adjustment in the regulatory approach to managing requisitioned cargoes. The regulation applies to the Commonwealth of Australia and its territories, indicating a broad jurisdictional reach aimed at maintaining national security interests through effective cargo management.

Key Provisions

The principal amendments to the National Security (Requisitioned Cargoes) Regulations, as outlined in this legislative instrument, introduce significant changes to the composition and structure of the Requisitioned Cargoes Committee (section 5). The regulation specifies that the Committee will now consist of four members: the Comptroller-General of Customs, the Executive Officer of the Committee, a representative from the Department of the Treasury, and a person with commercial experience appointed by the Minister (subsection 5(1)). The Executive Officer is to be appointed by the Minister and must be an officer of the Department of Trade and Customs (subsection 5(4)). Additionally, the regulation reduces the number of members required to form a quorum from four to three (subsection 5(11)). These changes impose specific obligations on the relevant parties. The Comptroller-General of Customs and the Executive Officer of the Committee must be appointed according to the provisions of the regulation, with the latter being an officer of the Department of Trade and Customs. The Minister is tasked with appointing the representative from the Department of the Treasury and the person with commercial experience. These appointments are crucial for ensuring the proper functioning of the Requisitioned Cargoes Committee, which is responsible for overseeing requisitioned cargoes. The legislative instrument does not explicitly state any offences, penalties, or civil/criminal consequences for breaches of the regulations. However, the amendments suggest a formalised structure for the Requisitioned Cargoes Committee, which implies a level of accountability and responsibility on the part of its members. Failure to comply with the requirements for appointments or the quorum could potentially lead to legal repercussions, though the specifics are not detailed in the provided text.