National Security (Supplementary) Regulations (Amendment)

Overview

The Statutory Rules 1944 No. 62, made under the National Security Act 1939-1943, address the need for enhanced control and coordination of wartime activities to protect persons and property from risks arising from the ongoing conflict. Enacted by the Governor-General in Council, this regulation empowers the Governor-in-Council of a State, upon the recommendation of the Director-General of Security, to authorise a Minister of the State to direct specific bodies or authorities to execute necessary works for defence purposes. The policy objective is to ensure that critical infrastructure and safety measures are implemented efficiently and effectively to support the war effort and public safety. The regulation mandates compliance by the specified bodies and authorities, with provisions for enforcement and cost recovery in the event of non-compliance.

Scope and Application

This regulation, made under the National Security Act 1939-1943, pertains to the execution of specific works for the purpose of protecting persons or property from risks arising from circumstances created by war. It applies to any body or authority appointed by or under the laws of a State and having the function of executing works upon or in the vicinity of a specified place. The scope of the regulation extends to allowing the Governor-in-Council of a State to authorize a Minister of the State to direct such bodies or authorities to execute necessary works upon or in the vicinity of the specified place, and to take all measures necessary to enable it to do so. In the event of non-compliance, the regulation provides for the Governor-in-Council to authorize the Minister to execute the works and recover the costs from the body or authority. The regulation applies nationally, covering all states and territories within the Commonwealth of Australia, with no stated exclusions, exemptions, or thresholds. The regulation’s application may be extended or restricted through subordinate instruments, although such provisions are not detailed in the text.

Key Provisions

The operative sections of the regulation (sections 126) provide that, in certain circumstances related to national security, the Governor-in-Council of a State, upon the recommendation of the Director-General of Security, may authorise a Minister of the State to direct a specified body or authority to execute necessary works in the vicinity of a designated place. These works are intended to protect persons or property from risks arising from the war. The Governor-in-Council has the discretion to permit the Minister to execute these works themselves and recover costs if the designated body or authority fails to comply with the direction. This regulation is designed to ensure that critical works are carried out without delay, even if the designated authorities are unable or unwilling to act promptly. The Act imposes several obligations on the parties involved. Firstly, the Governor-in-Council of a State must be satisfied based on a recommendation from the Director-General of Security that the execution of specified works is necessary or desirable in the interests of the defence of the Commonwealth, efficient prosecution of the war, or public safety. Once this condition is met, the Governor-in-Council is empowered to authorise a Minister of the State to issue directions. The Minister, in turn, must ensure that the specified body or authority complies with these directions. If the designated body or authority fails to comply, the Governor-in-Council can authorise the Minister to execute the works themselves and recover the costs from the non-compliant entity. Breaches of the provisions outlined in this regulation can lead to significant consequences. If a body or authority refuses or fails to comply with a direction issued by a Minister of the State, the Governor-in-Council is authorised to allow the Minister to execute the works and recover the costs from the non-compliant body or authority. Failure to comply with such directions can result in enforcement actions by the Minister, who may proceed to execute the works themselves. There are no specific penalties outlined in the regulation for non-compliance, but the recovery of costs incurred in executing the works and any associated actions by the Minister can serve as a deterrent. This regulatory framework ensures that essential national security works are completed efficiently and effectively, even in the face of potential non-compliance by designated authorities.