National Security (Supplementary) Regulations (Amendment)

Overview

Statutory Rules 1943 No. 173, made under the National Security Act 1939-1943, was enacted to address the need for stricter control over electoral activities during a time of national emergency. The regulation was introduced to prevent any electoral activities that could potentially influence the outcome of elections or distract from the war effort. The regulation was enacted by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council. The objective of the regulation was to ensure that no electoral activities occurred that might disrupt national security or public order during a critical period in the nation's history. The regulation specifically prohibited the display of posters and the depiction of electoral matter in various public and private spaces, with the aim of maintaining focus on the war effort and preventing any actions that could be seen as undermining national unity.

Scope and Application

This Statutory Rule made under the National Security Act 1939-1943 amends the National Security (Supplementary) Regulations to impose restrictions on the display of electoral matter, particularly in relation to posters and direct depictions on various surfaces. The regulation applies to any person who posts, exhibits, writes, draws, or depicts electoral matter, whether on public or private property, on land, water, or in the air, and includes contracts or agreements made prior to the regulation's enactment. However, it excludes projections of electoral matter via cinematograph or similar apparatus in designated public entertainment venues. The prescribed size limit for posters is ten inches in length and six inches in width. This amendment extends to the entire Commonwealth of Australia and affects all persons within its jurisdiction, with no specific exclusions noted in the text. Subordinate instruments may further define and enforce these provisions, although no such details are provided in the text.

Key Provisions

The National Security (Supplementary) Regulations, as amended by Statutory Rules 1943, No. 173, introduce new restrictions concerning the display of electoral matter (section 107). This amendment prohibits individuals from posting or exhibiting any poster that exceeds the prescribed size of ten inches in length and six inches in width. A poster is defined as any electoral matter printed, drawn, or depicted on any material, including sections of such matter. This regulation also encompasses any poster posted up or exhibited in or on any building, vehicle, vessel, hoarding, or place, whether public or private, and whether on land, water, or in the air. Notably, this prohibition does not extend to the projection of electoral matter onto screens in theatres, halls, or other public entertainment venues using cinematograph or similar apparatus. Under the amended regulations, individuals are also prohibited from writing, drawing, or depicting electoral matter directly on roadways, footpaths, buildings, vehicles, vessels, hoardings, or any place, regardless of its public status or location (section 107(5)). These restrictions are intended to limit the dissemination of electoral matter that could influence the outcome of Commonwealth elections. Furthermore, any contract or agreement for posting or exhibiting posters, entered into before the regulation's effective date, is declared void and of no effect (section 107(4)). The obligations imposed by these regulations require individuals to ensure that any electoral matter they display complies with the size limits and prohibitions on direct depiction on public and private spaces. Failure to comply with these provisions can result in legal consequences. The regulations do not explicitly detail the penalties for breaches but indicate that such breaches would likely be addressed under the broader framework of the National Security Act 1939-1943, which may include fines or imprisonment, depending on the severity of the offence and the discretion of the court. The exact penalties would be determined in the context of the overall legislation and any relevant case law.