National Security (Supplementary) Regulations (Amendment)

Overview

The Statutory Rules of 1942, No. 429, introduced a regulation under the National Security Act 1939-1940, aiming to address the problem of potential disruptions to state parliamentary functions due to members holding offices related to the war effort. Enacted by the Governor-General on behalf of the Minister of State for Defence, the regulation ensures that the seats of state parliamentarians do not become vacant and their elections remain valid, even if they hold certain offices or pensions related to the defence forces or the prosecution of the war. This was necessary to maintain the integrity and functionality of state parliaments during a time of national crisis, ensuring that legislative processes were not hindered by the absence of members engaged in essential war-related roles. The policy objective was to support the war effort by preventing unnecessary vacancies and disqualifications in state parliaments, thereby ensuring continuity in governance.

Scope and Application

The National Security (Supplementary) Regulations, as amended by Statutory Rules 1942, No. 429, under the National Security Act 1939-1940, apply to members of State Parliaments who hold offices of profit connected to the prosecution of the war, providing them with protection against disqualification or invalidation of their seats and elections or appointments. This regulation ensures that the seats of these members do not become vacant, and their elections or appointments remain valid, regardless of any provisions in state laws or the Constitution. Furthermore, it protects these members from being disqualified from, or incapable of, being elected or appointed, or from sitting or voting in Parliament due to their acceptance or holding of certain offices or pensions related to defence forces or connected to the war effort. This protection extends to those who have accepted or held such offices or pensions since 3 September 1939, as long as the Minister of State for Defence certifies the connection to the defence of the Commonwealth or the efficient prosecution of the war. Certificates issued under this regulation must be published in the Gazette. The regulation applies nationally, overriding state laws and constitutional provisions, and ensures that no member of any State Parliament is penalised solely due to their acceptance or holding of specified offices, pensions, or employment connected with national defence or the war effort. The regulation does not specify exclusions or thresholds, and its application is not extended or restricted through subordinate instruments.

Key Provisions

This legislation, Statutory Rules 1942 No. 429, is a regulation under the National Security Act 1939-1940, made by the Governor-General with the advice of the Federal Executive Council. It amends the National Security (Supplementary) Regulations to address the circumstances of members of State Parliaments who hold offices of profit related to the prosecution of the war (Section 75). The primary purpose of this regulation is to ensure that such members remain in their positions without facing disqualification or invalidation of their seats, elections, or appointments. The regulation explicitly states that the seat of a member of a State Parliament will not become vacant, nor will their election or appointment be invalidated, simply because they hold an office of profit connected with the war effort (Section 75(1)(a)-(b)). Additionally, these members cannot be disqualified from their positions or deemed incapable of sitting or voting due to holding such an office or receiving a pension or pay from it (Section 75(1)(c)-(d)). The regulation further clarifies that these members are not liable to any penalties solely for accepting or holding these positions (Section 75(1)(e)-(g)). This protection extends to any office or employment certified by the Minister of State for Defence as connected with the defence of the Commonwealth or the prosecution of the war. The obligations imposed by this regulation are primarily on the members of State Parliaments who hold offices of profit related to the war effort. These members are required to continue in their parliamentary roles without the fear of losing their seats or being disqualified due to their wartime roles. Additionally, the Minister of State for Defence is tasked with certifying whether certain offices are connected with the war effort, and these certifications must be published in the Gazette (Section 75(2)). There are no specific penalties outlined for breaches of this regulation, but the overarching National Security Act 1939-1940 provides a framework within which any contraventions could be addressed.