National Security (Salvage) Regulations (Amendment)

Legislation au C1946L00064 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1946. No. 64.

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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-eighth day of March, 1946.

HENRY

Governor-General.

By His Royal Highness’s Command,

H. P. LAZZARINI

for and on behalf of the Minister of State for Defence.

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Amendments of the National Security (Salvage) Regulations.†

Commencement.

1. These Regulations shall come into operation on the first day of April, 1946.

Definitions.

2. Regulation 3 of the National Security (Salvage) Regulations is amended—

(a) by omitting from the definition of “authorized officer” the words “Commission or the Chairman” and inserting in their stead the word “Controller”;

(b) by omitting the definition of “member”; and

(c) by omitting the definitions of “the Chairman” and “the Commission” and inserting in their stead the following definition:—

“‘the Controller’ means the Commonwealth Controller of Salvage appointed under these Regulations;”.

3. Regulation 5 of the National Security (Salvage) Regulations is repealed and the following regulation inserted in its stead:—

Controller of Salvage.

“5. For the purposes of these Regulations there shall be a Commonwealth Controller of Salvage who shall be appointed by the Minister on such terms and conditions as the Minister determines and who shall have such powers and functions as are conferred on him by these Regulations.”.

* Notified in the Commonwealth Gazette on 28th March, 1946.

† Statutory Rules 1943, No. 179, as amended by Statutory Rules 1946, No. 24.

1940.—Price 3d.


Functions of Controller.

4. Regulation 6 of the National Security (Salvage) Regulations is amended—

(a) by omitting the word “Commission” and inserting in its stead the word “Controller”; and

(b) by omitting from paragraph (c) the word “it” and inserting in its stead the word “he”.

Meetings of Commission.

5. Regulation 7 of the National Security (Salvage) Regulations is repealed.

6. Regulation 8 of the National Security (Salvage) Regulations is repealed and the following regulation inserted in its stead:—

Delegation by Controller.

“8.—(1.) The Controller may, in relation to any matters or class of matters or in relation to any particular State or part of Australia, by writing under his hand, delegate any of his powers and functions under these Regulations (except this power of delegation), so that the delegated powers and functions may be exercised by the delegate with respect to the matters or class of matters or the State or part of Australia specified in the instrument of delegation.

“(2.) Every such delegation shall be revocable at will, and no such delegation shall prevent the exercise of any power or function by the Controller.”.

Officers and employees.

7. Regulation 9 of the National Security (Salvage) Regulations is amended—

(a) by omitting sub-regulation (1.);

(b) by omitting from sub-regulation (2.) the word “Commission” (wherever occurring) and inserting in its stead the word “Controller”; and

(c) by omitting from sub-regulation (2.) the word “it” and inserting in its stead the word “he”.

Powers of Controller.

8. Regulation 11 of the National Security (Salvage) Regulations is amended

(a) by omitting the word “Commission” (wherever occurring) and inserting in its stead the word “Controller”;

(b) by omitting from paragraph (a) of sub-regulation (2.) the word “its” and inserting in its stead the word “his”; and

(c) by omitting from that paragraph the word “it” and inserting in its stead the word “he”.

Amendment of regulations 12 and 14.

9. Regulations 12 and 14 of the National Security (Salvage) Regulations are amended by omitting the word “Commission” (wherever occurring) and inserting in its stead the word “Controller”.

Amendment of regulations 13, 15 and 16.

10. Regulations 13, 15 and 16 of the National Security (Salvage) Regulations are amended by omitting the word “Chairman” (wherever occurring) and inserting in its stead the word “Controller”.

Authentication of orders and notices.

11. Regulation 17 of the National Security (Salvage) Regulations is repealed.

Officers and employees.

12. All officers and casual and temporary employees holding office under or employed by the Salvage Commission immediately prior to the commencement of these Regulations, shall continue to hold office


or be employed as if they were appointed under regulation 9 of the National Security (Salvage) Regulations as amended by these Regulations.

Saving of orders, &c.

13. Any order or requirement made and any licence granted under the National Security (Salvage) Regulations and in force immediately prior to the commencement of these Regulations, shall continue in force as if it had been made or granted by the Commonwealth Controller of Salvage under the National Security (Salvage) Regulations, as amended by these Regulations, and may be revoked, amended or varied accordingly.

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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1946, No. 64, are Regulations made under the National Security Act 1939-1943, which were introduced to address issues related to salvage operations in the context of national security during and after World War II. Enacted by the Governor-General, acting on the advice of the Federal Executive Council, these Regulations amend the National Security (Salvage) Regulations, streamlining the salvage process by centralising authority under a Commonwealth Controller of Salvage. This change aimed to ensure more efficient and coordinated salvage operations across Australia. The Regulations also provide for the delegation of the Controller’s powers, ensuring flexibility and responsiveness in salvage activities. The primary objective, as stated in the text, is to enhance the effectiveness of salvage operations by centralising control and authority.

Scope and Application

The Regulations under the National Security Act 1939-1943, specifically the National Security (Salvage) Regulations, apply to the conduct and activities related to salvage operations within the Commonwealth of Australia. These Regulations, which came into effect on April 1, 1946, establish the role of the Commonwealth Controller of Salvage, appointed by the Minister, who assumes the powers and responsibilities previously held by the Salvage Commission. The Regulations are designed to streamline the management and oversight of salvage operations, ensuring they are conducted efficiently and in line with national security interests. The Controller is granted extensive powers to manage salvage operations and can delegate these powers to other officers as needed. This delegation is revocable at any time, ensuring the Controller retains ultimate authority. The Regulations also maintain continuity for existing officers and employees, ensuring that any orders or licenses issued under the previous regime remain valid, subject to potential revocation, amendment, or variation by the Controller.

Key Provisions

The Regulations under the National Security Act 1939-1943 (C1946L00064) bring about significant changes to the existing National Security (Salvage) Regulations (section 2). These amendments, which come into effect on 1 April 1946, primarily revolve around the appointment and functions of a Commonwealth Controller of Salvage, replacing the previous Commission structure (section 3). The Controller is appointed by the Minister and is endowed with various powers and functions that were previously held by the Commission (section 5). The Controller assumes the responsibilities and authority that were previously vested in the Commission, including the power to delegate certain functions (section 8). All officers and employees under the Salvage Commission will continue their roles as if appointed under the new regulations (section 12). Furthermore, any orders, requirements, or licences issued under the old regulations will remain in force and can be revoked, amended, or varied by the Controller (section 13). Violations of these Regulations can lead to significant legal consequences. Although the specific penalties are not outlined in the provided excerpt, breaches of regulations under the National Security Act 1939-1943 can generally result in both civil and criminal penalties. Civil penalties might include fines and other monetary sanctions, while criminal penalties could involve imprisonment, depending on the severity of the breach and the discretion of the court. The precise penalties would need to be referred to in the primary Act or other related legislation for a definitive understanding.

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Area of Law
National Security Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Delegation by Controller
Regulatory Standards
Enforcement Powers

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.