National Security (Supplementary) Regulations (Amendment)

Overview

The Statutory Rules of 1945, No. 106, represents a regulation made under the National Security Act 1939-1943, enacted during a period of heightened national security concerns due to the Second World War. This legislative instrument was introduced to address the specific issue of safety within naval magazine areas, where the risk of explosions and ammunition accidents was a significant concern. The regulation was issued by the Deputy of the Governor-General in and over the Commonwealth of Australia, Winston Dugan, acting on the advice of the Federal Executive Council. The policy objective of this regulation is to ensure the safety and security of naval magazine areas by prohibiting smoking and the use of open flames or devices that could ignite tobacco within a hundred feet of these sensitive locations. This was aimed at preventing accidental fires that could lead to catastrophic explosions and loss of life.

Scope and Application

This statutory rule, made under the National Security Act 1939-1943, specifically targets conduct that poses a risk to national security within areas under the control of the Department of the Navy. It applies to all individuals who may be present in or near naval magazine areas where explosives or ammunition are stored, prohibiting them from smoking or igniting any device that could cause a fire hazard. The regulation is jurisdictional in scope, overriding any state or territory laws, and is applicable to any person found in or within one hundred feet of the specified areas. This regulation is administered by the Minister of State for the Navy and is part of a series of amendments to the National Security (Supplementary) Regulations, indicating that its application can be further extended or modified through subordinate instruments as necessary.

Key Provisions

The primary operative section of this legislative instrument is regulation 81a, which was inserted into the National Security (Supplementary) Regulations under the National Security Act 1939-1943 (section 81a(1)). This regulation prohibits any person from smoking or lighting a match, lighter or other tobacco-igniting device within 100 feet of any magazine, vehicle or area containing explosives or ammunition under the control of the Department of the Navy. This prohibition is to be administered by the Minister of State for the Navy (section 81a(2)). This regulation aims to enhance safety in areas where explosive materials are present, by preventing potential sources of ignition that could lead to accidents or disasters. Under this regulation, the obligations and requirements imposed on the parties or entities it governs are to ensure that no smoking or use of any tobacco-igniting device occurs within the specified proximity of explosive materials. The regulation applies to all individuals and entities operating within or near these areas, and requires them to take proactive steps to prevent the prohibited activities. Failure to comply with this regulation could result in serious safety incidents, including explosions and loss of life. Breach of this regulation may result in both civil and criminal consequences. Under the National Security Act 1939-1943, individuals or entities that violate the regulation may be liable for fines and imprisonment. The exact penalties are not specified in this regulation, but penalties for similar breaches under the Act can include fines of up to $22,200 for individuals and $111,000 for bodies corporate, as well as imprisonment for up to two years. In addition to these penalties, a breach of this regulation could also result in disciplinary action by the Department of the Navy, including termination of employment or contracts. It is therefore essential that all individuals and entities subject to this regulation take the necessary steps to ensure compliance and prevent any breaches.