STATUTORY RULES.
1945. No. 82.
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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 thirtieth day of May, 1945.
HENRY
Governor-General.
By His Royal Highness’s Command,
NORMAN J. O. MAKIN
for and on behalf of the Minister of State for Defence.
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Amendments of the National Security (Shipbuilding) Regulations.†
Commencement.
1. These Regulations shall come into operation on the first day of June, One thousand nine hundred and forty-five.
Definitions.
2. Regulation 6 of the National Security (Shipbuilding) Regulations is amended by omitting the definition of “the Director-General”.
3. After regulation 8 of the National Security (Shipbuilding) Regulations the following regulation is inserted:—
Deputy Chairman.
“8a. The Minister may appoint a member to be Deputy Chairman of the Board for such period as he thinks fit.”.
Meetings of the Board.
4. Regulation 10 of the National Security (Shipbuilding) Regulations is amended by omitting sub-regulation (5.) and inserting in its stead the following sub-regulations:—
“(5.) The Chairman, or, in his absence, the Director of Shipbuilding, shall preside at all meetings of the Board.
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* Notified in the Commonwealth Gazette on 1st June, 1945.
† Statutory Rules 1941. No. 190, as amended by Statutory Rules 1942, Nos. 303 and 488; and 1943. Nos. 240 and 265.
2561.—Price 3d.
“(5a.) In the event of the absence of both the Chairman and the Director of Shipbuilding from any meeting of the Board, the Deputy Chairman shall preside at that meeting or, if there is no Deputy Chairman, or the Deputy Chairman is absent from any meeting of the Board, the members present shall appoint one of their number to preside at that meeting.”.
Powers and functions of the Board.
5. Regulation 12 of the National Security (Shipbuilding) Regulations is amended—
(a) by omitting from sub-regulation (1.) the words “or of the Director-General”;
(b)by omitting from paragraph (f) of sub-regulation (2.) the words “or the Director-General”; and
(c) by omitting from sub-regulation (3.) the words “through the Director-General”.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1945 No. 82, which are Regulations under the National Security Act 1939-1943, were enacted by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council. These Regulations were introduced to address the need for amendments to the National Security (Shipbuilding) Regulations to ensure efficient governance and management of the shipbuilding activities during the period of national security concern. The policy objective of these Regulations is to provide flexibility in the leadership of the Board by allowing for the appointment of a Deputy Chairman and establishing a protocol for presiding at Board meetings in the absence of both the Chairman and the Director of Shipbuilding. These Regulations came into operation on 1 June 1945 and amended the existing definitions and procedures within the National Security (Shipbuilding) Regulations.
Scope and Application
The Statutory Rules 1945 No. 82, Regulations under the National Security Act 1939-1943, concern amendments to the National Security (Shipbuilding) Regulations. These regulations apply to the administration and operations of shipbuilding activities within the context of national security, particularly during the period of the Second World War. They affect entities involved in shipbuilding and the individuals who manage and oversee these activities, such as the Chairman, Director of Shipbuilding, and potentially a Deputy Chairman. The regulations are applicable across the Commonwealth of Australia and are designed to ensure that shipbuilding efforts are efficiently coordinated and aligned with national security objectives. The regulations outline specific procedures for meetings of the Board, detailing who presides in the absence of the Chairman or Director of Shipbuilding, and they clarify the powers and functions of the Board by removing references to the Director-General, thereby streamlining the chain of command. The regulations come into effect on the first of June, 1945, and any exclusions, exemptions, or thresholds are not explicitly stated in the provided excerpt, although they may be detailed in the broader context of the National Security Act 1939-1943.
Key Provisions
These Regulations, under the National Security Act 1939-1943, amend the National Security (Shipbuilding) Regulations. They come into operation on the first day of June, 1945 (Section 1). The Regulations make several significant changes to the existing shipbuilding regulations, primarily involving the appointment and roles within the Board of Shipbuilding. For instance, Regulation 2 removes the definition of "the Director-General" previously found in Regulation 6, reflecting a change in the organisational structure. Additionally, a new regulation, 8a, is inserted after Regulation 8, allowing the Minister to appoint a Deputy Chairman of the Board for a period deemed fit by the Minister (Section 3).
The Regulations impose obligations on the Board and its members. They specify that the Chairman, or in his absence the Director of Shipbuilding, is to preside over all meetings of the Board (Section 4). Should both the Chairman and the Director of Shipbuilding be absent from any meeting, the Deputy Chairman is to preside, or if no Deputy Chairman is present or is himself absent, the members of the Board must appoint one of their number to preside (Section 4). This amendment ensures continuity and leadership in the Board's meetings.
The Regulations also delineate the powers and functions of the Board, removing references to the Director-General in several sub-regulations. Specifically, Regulation 12 is amended to omit references to the Director-General in sub-regulation (1), paragraph (f) of sub-regulation (2), and sub-regulation (3) (Section 5). These changes likely reflect a restructuring of responsibilities within the Board, removing the Director-General's role in certain functions.
The Regulations do not explicitly state any offences, penalties, or consequences for breach. However, under the overarching National Security Act 1939-1943, non-compliance with the Act or any regulations made under it could result in significant penalties. These may include fines and imprisonment, depending on the severity and nature of the breach. The exact penalties would be determined by the courts based on the specific circumstances of any alleged contravention.