STATUTORY RULES.
1944. No. 66.
REGULATION UNDER THE NATIONAL SECURITY ACT 1939–1943.*
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 1939–1943.
Dated this nineteenth day of April, 1944.
GOWRIE
Governor-General.
By His Excellency’s Command,
E. J. HOLLOWAY
for and on behalf of the Minister of State for Defence.
Amendment of the National Security (Supplementary) Regulations, †
Closing hours of shops.
Regulation 21‡ of the National Security (Supplementary) Regulations is amended by adding at the end thereof the following sub-regulation:—
“(9.) Where, by or under the law of a State, a time is fixed for the closing of a shop of any class (including a shop of the class referred to in sub-regulation (4.) of this regulation), and the time so fixed is not later than the time fixed for the closing of a shop of that class by or under this regulation, then nothing in this regulation shall affect the operation of the law of the State in relation to the time so fixed by or under that law.”.
* Notified in the Commonwealth Gazette on 20th April, 1944.
† Statutory Rules 1940, No. 126, as amended to date. For previous National Security (Supplementary) Regulations see footnote † to Statutory Rules, 1944, No. 2, and see also Statutory Rules 1944, Nos. 5, 43, 45, 58 and 62.
‡ Statutory Rules 1941, No. 297, as amended by Statutory Rules 1942, Nos. 132 and 394.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
3483.—Price 3d
Overview
Statutory Rules 1944 No. 66, enacted under the National Security Act 1939–1943, addresses the need to harmonise the closing hours of shops between state laws and federal regulations during wartime. The regulation was made by the Governor-General in Council, acting on behalf of the Minister of State for Defence, and was designed to ensure that state laws governing shop closing times could prevail if they were more restrictive than federal regulations. This was necessary to maintain consistency and compliance across jurisdictions during a period of national security concern, reflecting the overarching policy objective of supporting national security measures effectively. The regulation specifically amends the National Security (Supplementary) Regulations to clarify that state-imposed closing times would take precedence if they were earlier than those set by federal regulation.
Scope and Application
The Statutory Rules 1944, No. 66, made under the National Security Act 1939–1943, pertain to the regulation of closing hours for shops, among other provisions, during wartime conditions. This legislation applies to shops of any class, ensuring that state laws determining closing hours are not overridden by federal regulations unless the federal timing is later than that prescribed by state law. The regulations are designed to accommodate and reinforce state-specific laws that might have established earlier closing hours than those mandated by the federal regulation. The scope of this regulation is limited to the specific context of wartime measures and does not extend to other areas of national security or commerce outside the scope of shop closing hours.
The geographic reach of this regulation is national, applying across the Commonwealth of Australia. It respects the autonomy of state laws by not overriding state-imposed closing hours for shops if the state laws specify earlier closing times. This regulation does not explicitly provide for exclusions, exemptions, or thresholds beyond the stipulation that state laws take precedence if they set earlier closing times. The application of this regulation is extended and potentially restricted through subordinate instruments, which may include further amendments or specific clarifications issued under the overarching authority of the National Security Act 1939–1943.
Key Provisions
The main operative section of this legislation is Regulation 21 of the National Security (Supplementary) Regulations, which is amended by adding a new sub-regulation (9) (Regulation 21(9)). This amendment provides that if a state law fixes a closing time for a shop that is not later than the time fixed by the national security regulation, the state law shall prevail. This means that if the national regulation requires shops to close at 8 PM, but the state law requires them to close at 6 PM, the state law takes precedence and the shops must close at 6 PM.
The obligations and requirements imposed by this amendment are primarily on shop owners and operators. They must ensure that they comply with the closing time stipulated by the law that imposes the earlier closing time. This may involve adjusting their operating hours to adhere to the stricter state law, especially if they are located in a state that has set a closing time earlier than the national regulation. The regulation does not specify any further obligations or actions that must be taken by the shop owners or operators beyond adhering to the mandated closing times.
In terms of offences, penalties, or consequences for breach, the regulation itself does not explicitly state any penalties for non-compliance with the amended closing time provisions. However, the National Security Act 1939–1943, under which these regulations are made, provides a framework for enforcement and penalties. Generally, breaches of regulations made under the National Security Act can result in fines or other penalties as prescribed by the relevant state or territory laws. The specific penalties would depend on the jurisdiction and the nature of the breach, but they could include financial penalties or other sanctions imposed by the relevant authorities.