National Security (Supplementary) Regulations (Amendment)

Overview

The Statutory Rules of 1943, Number 87, provides a regulation under the National Security Act 1939-1940, made by the Governor-General acting with the advice of the Federal Executive Council. This regulation was enacted to address the logistical needs of the Defence Force during wartime, particularly in the Darwin area, by exempting certain tobacco, cigarette, and cigarette paper items from customs and excise duties when distributed free of charge by the Australian Comforts Fund or an approved organization to members of the Defence Force stationed in the Darwin area. The regulation outlines that these goods must be distributed in packages marked in a manner approved by the relevant Minister and prohibits their sale or disposal except as specified. The policy objective, although not explicitly stated in the text, appears to be to provide essential comforts to Defence Force personnel in a strategically important region during a time of national emergency.

Scope and Application

The Statutory Rules 1943, No. 87, made under the National Security Act 1939-1940, amend the National Security (Supplementary) Regulations to exempt certain tobacco, cigarettes, and cigarette papers from duties of Customs and Excise. These exemptions apply specifically to goods specified in particular items of the Customs Tariff and Excise Tariff, which are to be distributed, free of charge, by the Australian Comforts Fund or an approved organisation to members of the Defence Force stationed in the Darwin area. The exemption is contingent on the goods being marked in a manner approved by the Minister of State for Trade and Customs and distributed in approved packages. The regulation delineates the geographic scope by defining the Darwin Area as a specific region north of a line running east and west through a point 180 miles north of Alice Springs. The regulation also includes provisions prohibiting the sale, disposal, or possession of these tobacco products outside the approved distribution channels, with penalties for non-compliance. This regulation extends the application of the National Security Act to the wartime context by facilitating the support of Defence Force personnel stationed in the Darwin area.

Key Provisions

The Regulation under the National Security Act 1939-1940 (No. 87) introduces specific provisions aimed at managing the distribution of certain tobacco products and cigarette papers to members of the Defence Force stationed in the Darwin area. Section 95(1) states that duties of Customs and Excise shall not apply to particular items listed in the Customs Tariff 1933-1939 and Excise Tariff 1933-1939, provided they are distributed free of charge by the Australian Comforts Fund or an approved organisation to Defence Force members in the Darwin area. These items must be distributed in packages marked in a manner approved by the Minister of State for Trade and Customs. The definition of the "Darwin Area" in section 95(4) specifies the geographical limits within the Northern Territory of Australia. The Act imposes several obligations on parties involved in the distribution and possession of the specified tobacco products. Section 95(2) prohibits the sale or other disposal of these items, except for the free distribution to Defence Force members in the Darwin area. Similarly, section 95(3) prohibits the possession of these items without lawful excuse, unless they are intended for distribution to Defence Force members in the Darwin area or were distributed to the individual while they were a Defence Force member. The Regulation also outlines specific offences and penalties for breaches. Section 95(2) establishes that selling or otherwise disposing of the specified items without lawful excuse is an offence. Additionally, section 95(3) imposes penalties for having possession of these items without lawful excuse. While the exact penalties are not specified in the provided text, breaches of such regulations typically result in fines and potential imprisonment under the National Security Act 1939-1940. The specific maximum penalties would be determined in accordance with the broader legislative framework and any subsequent amendments.