National Security (Supplementary) Regulations (Amendment)

Overview

The Statutory Rules 1940 No. 245, enacted under the National Security Act 1939-1940, was introduced to address the need for stringent controls on the entry and delivery of specific goods for home consumption during a time of national security concerns. This regulation, made by the Deputy of the Governor-General acting with the advice of the Federal Executive Council, aimed to ensure public safety and national defence by imposing strict licensing requirements on the importation and distribution of certain goods. The regulation amended the National Security (Supplementary) Regulations to include a new control mechanism that required a licence from the Minister for Trade and Customs for the entry and delivery of goods specified by the Minister, and for the payment of excise duty on beer. This was intended to prevent the unauthorised movement of these goods, thereby reinforcing the security measures in place during wartime.

Scope and Application

This statutory instrument, made under the National Security Act 1939-1940, pertains to the control of the entry and delivery of certain goods for home consumption within Australia. Specifically, it applies to goods that are specified by the Minister for Trade and Customs and encompasses activities governed by the Customs Act 1901-1936, the Excise Act 1901-1934, and the Beer Excise Act 1901-1928. This legislation is pertinent to all individuals and entities engaged in the importation, duty payment, or removal of these specified goods. The regulation extends nationally across the Commonwealth of Australia, ensuring a uniform approach to the control of these goods to maintain public safety and national security. Notably, the Minister retains the authority to grant or refuse licences for the aforementioned activities at their discretion, and may revoke or vary such licences as necessary. The regulation provides that any entry or action in contravention of its provisions is void and of no effect, thereby emphasising the stringent control over the specified goods.

Key Provisions

The statutory instrument establishes a regulation under the National Security Act 1939-1940 to control the entry and delivery of certain goods for home consumption, specifically goods specified by the Minister (regulation 9(1)). This regulation applies to entries under the Customs Act 1901-1936 and the Excise Act 1901-1934, as well as to beer under the Beer Excise Act 1901-1928 (regulation 9(2)). The regulation mandates that these goods cannot be entered or delivered without a licence granted by the Minister of State for Trade and Customs (regulation 9(3)). The Minister has the sole discretion to grant, refuse, revoke, or vary such licences (regulation 9(3)). Individuals or entities must obtain these licences to legally engage in the activities specified in the regulation, including making entries for home consumption, paying excise duty, or removing beer from a brewery or delivery store (regulation 9(4)). Failure to comply with this regulation results in void entries and deliveries (regulation 9(5)). The regulation imposes obligations on the Minister to grant or refuse licences and on individuals or entities to obtain these licences before engaging in the specified activities. The Minister must ensure that all entries and deliveries comply with the regulation, which includes verifying the issuance of necessary licences. Conversely, individuals or entities must seek and obtain the required licences to legally engage in the entry or delivery of goods or removal of beer as permitted under the regulation. This involves understanding and adhering to the stipulations set forth by the Minister regarding the types of goods and activities that require a licence. Violations of the regulation are subject to specific penalties and consequences. Any entry or delivery made in contravention of this regulation is void and of no effect (regulation 9(5)). This means that any goods entered or delivered without the requisite licence will not be recognised as legally entered or delivered. While the regulation does not explicitly state criminal or civil penalties for breaches, the voidance of entries and deliveries implies significant consequences for non-compliance, potentially leading to legal disputes and financial losses for the parties involved. The regulation’s focus on ensuring national security highlights the importance of strict adherence to its provisions.