STATUTORY RULES.
1943. No. 50.
REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.*
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 1939-1940.
Dated this third day of March, 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 (Shipping Control) Regulations.†
1. Regulation 6 of the National Security (Shipping Control) Regulations is repealed and the following regulation inserted in its stead:—
Shipping Control Board.
“6.—(1.) There shall be a Shipping Control Board which shall consist of a Chairman and six other members.
“(2.) The Chairman and other members of the Board shall be appointed by the Minister and shall hold office on such terms and conditions as the Minister determines.”.
Meetings of the Board.
2. Regulation 6a of the National Security (Shipping Control) Regulations is amended by omitting sub-regulations (4.) and (5.) and inserting in their stead the following sub-regulations:—
“(4.) The Chairman shall preside at all meetings of the Board at which he is present.
“(5.) In the event of the absence of the Chairman from any meeting of the Board, the members present shall appoint one of their number to preside at that meeting.
* Notified in the Commonwealth Gazette on , 1943.
† Statutory Rules 1941, No. 20, as amended by Statutory Rules 1941, No. 231; and 1942, Nos. 245, 423 and 453.
“(5a.) The person presiding at a meeting of the Board shall have a deliberative vote and, in the event of an equality of votes, shall also have a casting vote.”.
Validation.
3. The persons holding office, or purporting to hold office, immediately prior to the commencement of these Regulations as Chairman and members of the Shipping Control Board shall be deemed to have been lawfully appointed and shall continue so to hold office subject to the National Security (Shipping Control) Regulations as amended by these Regulations.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
Statutory Rules 1943, No. 50, made under the National Security Act 1939-1940, were enacted by the Governor-General in Council to amend the National Security (Shipping Control) Regulations. This legislative instrument was introduced to address the need for updated regulations governing the Shipping Control Board, which was established to manage shipping activities in the context of national security during wartime. The policy objective behind these amendments was to ensure effective and orderly administration of shipping controls by clarifying the roles and voting rights of the Board members. The Regulations were made with the advice of the Federal Executive Council and on behalf of the Minister of State for Defence.
Scope and Application
The Statutory Rules of 1943, No. 50, under the National Security Act 1939-1940, constitute a legislative instrument designed to amend the existing National Security (Shipping Control) Regulations. These regulations pertain to the formation and operation of the Shipping Control Board, which is integral to the oversight and administration of shipping activities within the Commonwealth of Australia. The regulations specify the composition of the Board, including the appointment of a Chairman and six other members by the Minister, who determine the terms and conditions of their tenure. Additionally, the regulations outline procedures for meetings of the Board, including the roles of the Chairman and alternate presiding officers, and the voting processes in case of ties. The amendments are intended to ensure the effective functioning of the Board in the context of national security, particularly concerning shipping control. These provisions apply nationally, encompassing all shipping-related activities within Australia, subject to the overarching authority of the Minister. The regulations do not explicitly state exclusions or exemptions but operate within the broader framework of national security legislation.
Key Provisions
The Statutory Rules of 1943, No. 50, made under the National Security Act 1939-1940, contain amendments to the National Security (Shipping Control) Regulations. Primarily, Regulation 6 of these regulations is repealed and replaced with a new regulation establishing the Shipping Control Board (Regulation 6(1)). This Board will consist of a Chairman and six other members, all appointed by the Minister (Regulation 6(2)). The terms and conditions of their appointments are to be determined by the Minister.
These regulations impose several obligations on the parties involved. The Minister is tasked with appointing the Chairman and members of the Shipping Control Board, ensuring that they are properly inducted into their roles. The Board itself has procedural obligations, including the requirement that the Chairman preside over meetings when present (Regulation 6a(4)), and that another member presides and has both a deliberative and casting vote in the Chairman's absence (Regulation 6a(5) and (5a)). Furthermore, any persons who were holding office as Chairman or members of the Shipping Control Board prior to the commencement of these regulations are deemed to have been lawfully appointed and continue to hold their positions under the amended regulations (Regulation 3).
Breaches of these regulations may result in legal consequences. Although the specific penalties for non-compliance are not detailed in the provided text, it is reasonable to infer that violations of the National Security Act 1939-1940, under which these regulations are made, could lead to both civil and criminal penalties. The Act generally provides for penalties, including fines and imprisonment, for breaches related to national security matters, underscoring the importance of adherence to the prescribed regulations.