STATUTORY RULES.
1942. No. 331.
REGULATION 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 Regulation under the National Security Act 1939-1940.
Dated this twenty-ninth day of July, 1942.
GOWRIE
Governor-General.
By His Excellency’s Command.
E. J. WARD
for Minister of State for Defence.
Amendment of the National Security (Stevedoring Industry) Regulations. †
After regulation 9a of the National Security (Stevedoring Industry) Regulations the following regulation is inserted:—
Chief Executive Officer.
“9b.––(1.) The Commission may appoint a person to be the Chief Executive Officer of the Commission.
“(2.) The provisions of the last preceding regulation shall apply to and in relation to the Chief Executive Officer and his appointment in like manner as if he were an officer appointed under that regulation.
“(3.) The Commission may, in relation to any port, by wanting under its seal delegate to the Chief Executive Officer all or any of its powers and functions under these Regulations (except this power of delegation) so that the delegated powers or functions may be exercised by the delegate with respect to that port.
(4.) Where in these Regulations the exercise of any power or function by the Commission is dependent upon the opinion of the Commission in relation to any matter and that power or function is
* Notified in the Commonwealth Gazette on 29th July, 1942.
† Statutory Rules 1942, No. 159, as amended by Statutory Rules 1942. Nos. 206, 207, 235, 237 and 299.
delegated under this regulation to the Chief Executive Officer, that power or function may be exercised by the Chief Executive Officer upon his opinion in relation to that matter.
“ (5.) Every delegation under this regulation, shall be revocable or will and no delegation shall prevent the exercise of any power of function by the Commission.
“ (6.) Where a Waterside Employment Committee has been appointed in respect of a port and the Commission has assigned to that Committee any of its powers or functions and has delegated to the Chief Executive Officer the powers and functions so assigned or any of them, the Committee shall not while the delegation is in force exercise any of those powers and functions so delegated except in pursuance of a direction by the Commissioner or the Chief Executive Officer.”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1942, No. 331, titled "Regulation under the National Security Act 1939-1940," was enacted to address specific operational needs within the stevedoring industry during the Second World War. This regulation was introduced to amend the National Security (Stevedoring Industry) Regulations, providing the necessary legal framework to streamline operations and enhance efficiency in handling wartime logistics and supplies. Enacted by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, the regulation aims to empower the Commission to appoint a Chief Executive Officer and delegate certain powers and functions to this officer, thereby improving decision-making and operational fluidity in the stevedoring industry. This amendment was a response to the critical need for efficient management of port activities during a period of heightened national security concerns.
Scope and Application
This legislative instrument, issued under the National Security Act 1939-1940, pertains to the amendment of the National Security (Stevedoring Industry) Regulations. The amendment specifically introduces a new regulation that empowers the Commission to appoint a Chief Executive Officer, thereby formalising their authority to delegate their powers and functions to this individual. This new regulation applies to the appointment and delegation process within the stevedoring industry, affecting the roles and responsibilities of the Commission and the Chief Executive Officer. The regulation extends to any port under the purview of the Commission, allowing for the delegation of powers and functions, except for the power of delegation itself. This amendment ensures that the exercise of powers and functions by the Chief Executive Officer is subject to the same conditions as those applicable to officers appointed under the preceding regulation, while also maintaining the revocability of any delegations made. The scope of this regulation is limited to the stevedoring industry and is enacted to facilitate more streamlined and efficient management within this sector during a period of national security concern.
Key Provisions
The Statutory Rules of 1942, No. 331, represent an amendment to the National Security (Stevedoring Industry) Regulations under the National Security Act 1939-1940. The most significant addition is the introduction of the Chief Executive Officer (CEO) role, outlined in regulation 9b (1). According to this regulation, the Commission can appoint a CEO to manage its operations, and the CEO’s appointment will be subject to the same conditions as other officers appointed under the previous regulations. Furthermore, regulation 9b (3) allows the Commission to delegate to the CEO any of its powers and functions concerning a specific port, enabling the CEO to exercise these powers and functions on behalf of the Commission.
The obligations imposed on the Commission by these regulations are substantial. Firstly, the Commission is responsible for appointing a CEO in accordance with regulation 9b (1), ensuring that this individual meets the necessary criteria and adheres to the conditions set forth in the regulations. Regulation 9b (3) also places a duty on the Commission to delegate appropriate powers and functions to the CEO for specified ports, which may include decision-making authority over stevedoring operations. Moreover, regulation 9b (4) mandates that the CEO can exercise powers and functions on the Commission's behalf based on their own opinion, provided these powers and functions are contingent on the Commission's opinion. Regulation 9b (5) further stipulates that any delegation is revocable, allowing the Commission to reclaim its powers and functions at any time.
Failure to comply with the regulations or breaches of the duties outlined can result in significant consequences. Although the specific offences and penalties are not detailed within the regulation, breaches of the National Security Act 1939-1940 generally carry severe penalties. Under Australian law, offences related to national security can lead to criminal charges, with potential penalties including substantial fines and imprisonment. Civil consequences may also arise, such as the invalidation of delegations or the revocation of the CEO's appointment, which could disrupt the operations managed by the CEO. The overarching aim of these provisions is to ensure that the stevedoring industry operates securely and efficiently under the oversight of the Commission, thereby safeguarding national security interests.