National Security (Supplementary) Regulations (Amendment)

Legislation au C1941L00323 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1941. No. 323.

 

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-fourth day of December, 1941.

GOWRIE

Governor-General.

By His Excellency’s Command,

H. V. EVATT

for and on behalf of the Minister of State

for Defence Co-ordination.

 

Amendment of the National Security (Supplementary) Regulations.†

Daylight saving.

The National Security (Supplementary) Regulations are amended by adding at the end thereof the following regulation:—

“28.—(1.) In this regulation—

‘standard time’ means, in relation to any State or Territory, the standard time in that State or Territory;

‘summer time’ means, in relation to any State or Territory, the time to be observed in that State or Territory in pursuance of this regulation;

‘Territory’ means a ‘Territory being part of the Commonwealth;

‘the hour of two o’clock’ means that hour as determined by standard time.

“(2.) Notwithstanding anything contained in any law of the Commonwealth or of any State or Territory, from the hour of two o’clock in the morning of the first day of January, 1942, until the hour of two o’clock in the morning of the last Sunday in March, 1942, summer time shall, in respect of each State and Territory, be one hour in advance of standard time.

 

* Notified in the Commonwealth Gazette on 24th December, 1941.

† Statutory Rules 1940, No. 126, as amended by Statutory Rules 1940, Nos. 151, 169, 213, 228, 233, 245 and 257; and 1941, Nos. 75, 88, 100, 140, 197, 200, 222, 249, 296, 297, 303, 314, 318 and 320.

8417.—Price 3d.


“(3.) Notwithstanding anything contained in any law of the Commonwealth or of any State or Territory—

(a) whenever any expression of time occurs in any Act, State Act, Ordinance, Order in Council, proclamation, rule, regulation, by-law, order, contract (written or oral) or deed or in any other instrument whatsoever; or

(b) whenever doing or not doing anything at a certain time of day or night, or during a certain part of the day or night, has an effect in law,

that time shall, unless it is otherwise specifically stated, with respect to any period during which summer time is declared by this regulation to be in advance of standard time, be held to be summer time.

“(4.) Nothing in this regulation shall affect the use of standard time for the purposes of astronomy, meteorology or navigation, or affect the construction of any document mentioning or referring to time in connexion with any such purpose.”.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules of 1941 No. 323, under the National Security Act 1939-1940, was introduced to address the need for implementing daylight saving time across Australia during World War II. Enacted by the Governor-General in the context of the Federal Executive Council, this regulation aimed to standardise timekeeping for national security purposes, thereby facilitating more efficient coordination and resource management. The policy objective of this regulation was to ensure that time references in various legal and contractual documents align with the new summer time, except where specifically stated otherwise, to support the war effort by optimising daylight usage.

Scope and Application

This regulation applies to all States and Territories within the Commonwealth of Australia, effectively creating a uniform approach to the observance of daylight saving time across the entire nation. It specifies that during the designated period, from the hour of two o'clock in the morning of the first day of January, 1942, until the hour of two o'clock in the morning of the last Sunday in March, 1942, 'summer time' will be one hour in advance of 'standard time'. This regulation overrides any conflicting time provisions in federal, state, or territory laws, orders, contracts, or other instruments, unless these documents explicitly state otherwise. However, it does not apply to the use of standard time for astronomical, meteorological, or navigational purposes, nor does it affect the interpretation of time in documents related to these fields. The regulation thus ensures a consistent adjustment to the time across the Commonwealth for the specified period, aligning legal and practical applications of time with the summer time observance.

Key Provisions

The Regulation under the National Security Act 1939-1940 introduces amendments to the National Security (Supplementary) Regulations through the addition of a new regulation (regulation 28). This regulation primarily addresses the implementation of daylight saving time across all States and Territories of Australia. According to regulation 28(2), from 2:00 AM on the first day of January 1942 until 2:00 AM on the last Sunday in March 1942, summer time will be observed, which is one hour ahead of standard time for each State and Territory. The obligations imposed by this regulation require that, during the specified period, any reference to time in legal instruments, contracts, orders, and other documents must be interpreted as referring to summer time unless expressly stated otherwise. This means that unless explicitly noted, all time references during the daylight saving period are to be understood as being one hour ahead of standard time. This requirement extends to all Acts, State Acts, ordinances, proclamations, rules, regulations, by-laws, orders, contracts, deeds, or any other instruments. Regulation 28(4) ensures that the use of standard time for specific purposes such as astronomy, meteorology, and navigation remains unaffected. Failure to comply with the provisions of this regulation could lead to legal complications or misinterpretations regarding the timing of events or actions specified in legal documents. However, the regulation itself does not explicitly outline specific penalties or consequences for non-compliance, leaving the enforcement and potential consequences to be interpreted within the broader legal framework. Overall, this regulation seeks to standardise the observance of daylight saving time across Australia to support national security efforts, ensuring that all time references are uniformly understood during the daylight saving period, unless otherwise specified.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.