National Security (Supplementary) Regulations (Amendment)

Overview

The Statutory Rules 1942, No. 246, represent a regulation made under the National Security Act 1939-1940, addressing a specific issue arising from the wartime context of 1942. Enacted by the Governor-General in Council, this legislative instrument aimed to provide the Premier of New South Wales with the authority to manage the continuation in office of members of the Council established under the Auctioneers Stock and Station and Real Estate Agents Act 1941, as well as to suspend certain provisions of that Act. This was necessary to ensure that the administration of auctioneers' activities in New South Wales could be maintained efficiently and effectively in the context of the war effort, without unnecessary disruption. The policy objective was to facilitate the smooth operation of essential services during a time of national emergency.

Scope and Application

This statutory rule pertains to an amendment of the National Security (Supplementary) Regulations under the National Security Act 1939-1940, with a specific focus on the continuation of certain council members in New South Wales during wartime. The regulation allows the Premier of New South Wales to extend the tenure of members of the Council established under the Auctioneers Stock and Station and Real Estate Agents Act, 1941, by order published in the New South Wales Government Gazette. This order can specify the duration for which these council members continue in office and suspend the provisions of the aforementioned Act relating to the preparation of rolls until a date appointed by the Premier, also notified in the Gazette. The regulation explicitly limits the extension to no more than twelve months following the cessation of His Majesty’s involvement in war, ensuring a temporary measure to maintain continuity in office and governance during critical periods.

Key Provisions

The main operative sections of the Statutory Rules 1942 No. 246 concern the amendment of the National Security (Supplementary) Regulations, specifically adding a new regulation under the National Security Act 1939-1940. Regulation 60 introduced by this amendment provides for the continuation in office of the members of the Council first constituted under the Auctioneers Stock and Station and Real Estate Agents Act, 1941, in the State of New South Wales. This regulation also allows for the suspension of the provisions of the aforementioned Act relating to the preparation of rolls, until a date appointed by the Premier through a notice in the New South Wales Government Gazette. This regulation is subject to the condition that the order made under it cannot authorize the continuance in office of any person for more than twelve months after His Majesty ceases to be engaged in war. Under this new regulation, the obligations and requirements imposed on the relevant parties primarily revolve around the authority granted to the Premier of New South Wales. The Premier has the power to make an order, published in the New South Wales Government Gazette, to continue the members of the Council in office for a specified period and to suspend the preparation of rolls as stipulated in the Auctioneers Stock and Station and Real Estate Agents Act, 1941. The Premier must ensure that these orders are made and published in a timely manner and that they do not exceed the twelve-month limit after His Majesty ceases to be engaged in war. The Statutory Rules 1942 No. 246 do not explicitly outline specific offences or penalties for breaches of the new regulation. However, any failure to comply with the orders made by the Premier under this regulation could potentially lead to legal consequences under the general provisions of the National Security Act 1939-1940 or other applicable laws. It is important for the Premier and the relevant authorities to ensure that the orders are made and executed in accordance with the provisions of the regulation to avoid any potential legal ramifications.