STATUTORY RULES.
1942. No. 90.
REGULATION UNDER THE NATIONAL SECURITY ACT 1939-1940.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia acting with the advice of the Federal Executive Council, hereby make the following Regulation under the National Security Act 1939-1940.
Dated this twenty ninth day of February, 1942.
(SGD.) GOWRIE
Governor-General.
By His Excellency’s Command,
for and on behalf of the Minister of State for Defence Co-ordination.
Amendment of National Security (Supplementary) Regulations.†
The National Security (Supplementary) Regulations are amended by adding at the end thereof the following regulation:—
“Trading with certain unincorporated bodies may be prohibited.
. The Minister of State for Trade and Customs may, by notice published in the Gazette, declare any unincorporated body of persons to be a body trading with which shall be deemed to be trading with the enemy within the meaning of sub-section (2.) of section 3 of the Trading with the Enemy Act 1939-1940 and any body so declared shall be deemed to be an ‘enemy subject’ within the meaning of that expression in sub-section (1.) of that section.”.
* Notified in the Commonwealth Gazette on , 1942
† Statutory Rules 1940, No. 126, as amended by Statutory Rules 1940, Nos. 151, 169, 213, 228, 245 and 257; 1941, Nos. 75, 88, 100, 140, 197, 200, 222, 249, 296, 297, 303, 314, 318, 320 and 323; and 1942, Nos. 16, 20, 21, 36, 40, 50 and 57.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
1204.—25/16.2.1942.—Price 3d.
Overview
The Statutory Rules of 1942, No. 90, introduced a regulation under the National Security Act 1939-1940, made by the Governor-General in Council, aimed to address the pressing need to prohibit trading with certain unincorporated bodies that could be considered enemies during times of conflict. This legislative instrument was enacted in response to the evolving threats and the necessity to strengthen national security measures. The regulation amends the National Security (Supplementary) Regulations by allowing the Minister of State for Trade and Customs to declare any unincorporated body of persons as an entity with which trading would be considered trading with the enemy, thereby deeming such bodies as ‘enemy subjects’. This regulation was enacted to ensure that Australians could not inadvertently engage in trade with entities that posed a threat to national security, thereby providing a mechanism to enforce compliance with the Trading with the Enemy Act 1939-1940.
Scope and Application
The Statutory Rules of 1942, No. 90, made under the National Security Act 1939-1940, extend the regulatory framework concerning trading with entities that may be considered enemies during wartime. This regulation empowers the Minister of State for Trade and Customs to declare any unincorporated body of persons as an entity with which trading is deemed to be trading with the enemy, as defined in the Trading with the Enemy Act 1939-1940. This amendment applies to unincorporated bodies that may engage in activities considered detrimental to national security, thereby deeming such entities as 'enemy subjects'. This legislative instrument is applicable throughout the Commonwealth of Australia and affects any unincorporated body of persons that the Minister deems to warrant such a declaration. The scope of the regulation is broad, targeting entities whose activities could potentially harm national security interests, without specifying particular industries or transactions. The regulation’s application is further defined and potentially expanded through notices published in the Commonwealth Gazette, thereby extending its practical impact through subordinate instruments.
Key Provisions
The primary provision of this statutory rule, regulation number 1204, pertains to the amendment of the National Security (Supplementary) Regulations (Section 1). It introduces a new regulation which empowers the Minister of State for Trade and Customs to declare any unincorporated body of persons as an entity with which trading is prohibited. This declaration can be made by notice published in the Commonwealth Gazette, and once made, such a body is deemed to be trading with the enemy as defined in the Trading with the Enemy Act 1939-1940 (Section 2). Any body so declared is also deemed to be an 'enemy subject' under the same Act.
Under this regulation, the Minister of State for Trade and Customs has the authority to declare unincorporated bodies as entities with which trading is prohibited. This involves publishing a notice in the Commonwealth Gazette, specifying the body in question and the reasons for the declaration. Once the notice is published, the body is treated as if it were trading with the enemy, and its members are considered 'enemy subjects'. This means that any dealings with such bodies or their members are subject to the restrictions and prohibitions outlined in the Trading with the Enemy Act 1939-1940.
The regulation imposes a significant obligation on the Minister of State for Trade and Customs to exercise caution and due diligence in making such declarations. The Minister must ensure that there are sufficient grounds to believe that the unincorporated body is indeed involved in activities that could be deemed as trading with the enemy. This includes verifying that the body's activities align with the definitions and criteria set out in the Trading with the Enemy Act 1939-1940. Additionally, the regulation requires the Minister to publish the declaration in the Commonwealth Gazette to ensure transparency and legal effect.
For any breach of the Trading with the Enemy Act 1939-1940, the Act itself outlines various criminal offences and penalties. These can include fines and imprisonment. Under the Act, any person found guilty of trading with the enemy can be subject to a fine of up to 5,000 pounds and imprisonment for up to five years, or both. These penalties serve as a deterrent against any activities that could be construed as aiding the enemy during a time of war or national emergency.