National Security (Supplementary) Regulations (Amendment)

Overview

The National Security (Supplementary) Regulations, amended by Statutory Rules 1942, No. 378, were enacted under the National Security Act 1939-1940. This regulation was introduced to address the need for stringent controls on public activities during a period of national emergency. The Governor-General, acting with the advice of the Federal Executive Council, issued this regulation to enforce the temporary closure of hotels, wine saloons, and theatres on 3 September 1942, prohibiting the sale of intoxicating liquor and the conduct of public entertainment before 1 pm on that day. The policy objective was to maintain public order and safety during a critical time of national concern.

Scope and Application

The National Security (Supplementary) Regulations, as amended by the Statutory Rules 1942 No. 378, apply to individuals and entities holding a licence for the sale of intoxicating liquor, as well as those responsible for conducting public entertainments in buildings such as hotels, wine saloons, theatres, and public halls. This legislation pertains specifically to the activities that can be conducted on the 3rd of September, 1942, within the Commonwealth of Australia, aiming to restrict the sale and consumption of intoxicating liquor and the hosting of public entertainment before a specified time. These regulations are intended to support national security measures by imposing limitations on certain public activities on the designated date. The regulation does not provide for exclusions, exemptions, or thresholds, and its application is direct without reliance on subordinate instruments for extension or restriction.

Key Provisions

The main operative sections of this regulation, found under section 68, require that on the 3rd day of September, 1942, licensed premises such as hotels and wine saloons must close for the sale of intoxicating liquor before 1 PM, in a manner similar to how they would on a Sunday. This prohibition extends to any sale, supply, or disposal of intoxicating liquor to any person to whom it would be unlawful to sell on a Sunday. Furthermore, any individual without lawful excuse must not enter or remain in such premises before 1 PM. The regulation also extends to the prohibition of public entertainment in theatres and other similar venues before 1 PM on the same day. Additionally, owners, lessees, occupiers, or those in control of any building or place are prohibited from allowing any entertainment that violates this regulation. The obligations imposed by this Act are specific and clear. Licensed premises must ensure they are closed for the sale of intoxicating liquor before 1 PM on the specified date. They must also prevent any sale, supply, or disposal of intoxicating liquor to individuals to whom it would be unlawful to sell on a Sunday. Similarly, venues that host public entertainment must ensure that no such entertainment is held before 1 PM. Owners, lessees, occupiers, or those in control of any building or place must take reasonable steps to prevent any violation of this regulation on their premises. Breaches of this regulation may result in various consequences. Section 68(2) and (3) imply that any person conducting public entertainment in violation of this regulation, or allowing such an event to be held, could face legal repercussions. Although the regulation does not explicitly detail the penalties, it is reasonable to infer that breaches may lead to fines or other legal penalties under the broader National Security Act 1939-1940. The regulation also makes it clear that nothing within it shall render anything lawful which would otherwise be unlawful, underscoring the seriousness of compliance.