National Security (Supplementary) Regulations (Amendment)

Overview

The Statutory Rules of 1942, No. 500, introduces regulations under the National Security Act 1939-1940. Enacted by the Governor-General in Council, these regulations were designed to address issues related to national security during a period of heightened conflict. This legislative instrument aims to control and restrict certain activities that could be seen as detrimental to the war effort, specifically targeting the advertising of goods associated with festive occasions such as Christmas, New Year, and Easter. The regulations were intended to minimise distractions and ensure that resources and attention were directed towards the war effort, reflecting the overarching policy objective of maintaining national security and supporting the war economy.

Scope and Application

The Statutory Rules 1942 No. 500, made under the National Security Act 1939-1940, introduces a regulation that restricts the publication of advertisements relating to the Christmas, New Year, or Easter seasons, or the practice of giving gifts during these periods. This regulation applies to any person who publishes advertisements in various forms, including print media, outdoor displays, broadcast transmissions, and documents delivered to individuals. It encompasses all advertisements appearing in Australia, whether in newspapers, periodicals, catalogues, on signs, hoardings, buildings, vehicles, or broadcast by wireless transmission. The regulation also applies to displays of goods in retail premises or windows. The regulation is administered by the Minister of State for War Organisation of Industry, with the purpose of limiting the dissemination of such advertisements to support national security efforts during the wartime context. The regulation does not prohibit existing advertisements that were already displayed before the regulation's commencement.

Key Provisions

The key provision of the Regulation, as outlined in section 83(1), is a restriction on the publication of advertisements relating to or intended to promote the sale of any goods that contain matter directly or indirectly relating to Christmas, New Year, or Easter, or Christmas, New Year, or Easter gifts, or the practice of giving such gifts. This prohibition applies to advertisements published in newspapers, periodicals, catalogues, or other publications printed or published in Australia, as well as those exhibited in various forms including signs, hoardings, buildings, show cases, windows, vehicles, and places, whether or not they are public places or on land or water. The restriction also applies to advertisements broadcast by wireless transmission, unless they were already exhibited before the commencement of this regulation. This is clarified in section 83(2). The regulation is administered by the Minister of State for War Organization of Industry, as stated in section 83(3). The obligations imposed by the Regulation include the responsibility of any person to ensure that their advertisements do not contain any matter directly or indirectly relating to Christmas, New Year, or Easter, or Christmas, New Year, or Easter gifts, or the practice of giving such gifts. This obligation extends to advertisements published in any printed or published material in Australia, exhibited in various forms, or broadcast by wireless transmission. The regulation also clarifies that it does not prohibit the exhibiting of advertisements upon signs, hoardings, buildings, or vehicles if those advertisements were exhibited before the commencement of this regulation, as mentioned in section 83(2). Section 83(4) provides a definition of ‘advertisement’ for the purposes of this regulation, stating that it includes a display or arrangement of any articles in or on any premises on which the business of selling goods is carried on or in any show case or window on such premises. The regulation does not specify any offences, penalties, or civil or criminal consequences for breach. However, the regulation is made under the National Security Act 1939-1940, which provides for the imposition of penalties for offences against the Act and its subsidiary legislation. The maximum penalties for offences against the National Security Act 1939-1940 are set out in section 16 of the Act, which provides for fines of up to 500 pounds and imprisonment for up to two years for offences against the Act and its subsidiary legislation.