STATUTORY RULES.
1942. No. 392.
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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 tenth day of September, 1942.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
for and on behalf of the Minister of State for Defence.
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Amendment of the National Security (Supplementary) Regulations.†
Daylight saving.
Regulation 28 of the National Security (Supplementary) Regulations is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulation:—
“(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 Sunday, the twenty-seventh day of September, 1942, until the hour of two o’clock in the morning of Sunday, the twenty-eighth day of March, 1943, summer time shall, in respect of each State and Territory, be one hour in advance of standard time.”.
* Notified in the Commonwealth Gazette on , 1942.
† Statutory Rules 1940, No. 126, as amended to date. For previous National Security (Supplementary) Regulations, see footnote † to Statutory Rules 1942, No. 265, and see also Statutory Rules 1942, Nos. 269, 271, 278, 280, 282, 295, 353, 361, 370, 376, 378, 391 and 392.
By Authority: l. f. Johnston, Commonwealth, Government Printer, Canberra.
5951.—Price 3d. 25/17.8.1942.
Overview
The Statutory Rules 1942 No. 392, issued under the authority of the Governor-General and Federal Executive Council, constitutes a regulation made pursuant to the National Security Act 1939-1940. Enacted during the Second World War, this regulation was intended to address the need for uniform timekeeping across the states and territories of Australia to support national security measures. The regulation modifies the National Security (Supplementary) Regulations to establish daylight saving time, setting it to commence from 2:00 AM on Sunday, 27 September 1942, until 2:00 AM on Sunday, 28 March 1943. This was to ensure consistency and enhance the effectiveness of wartime measures, thereby contributing to the overarching policy objective of national security.
The regulation was made with the intent to align the timekeeping across Australia to facilitate better coordination and efficiency in the implementation of national security strategies during the war. The enactment body, the Governor-General in Council, utilised its powers under the National Security Act to address a practical issue affecting the entire nation. By overriding existing state and territory laws regarding timekeeping, this regulation aimed to unify the approach to daylight saving time, ensuring a smoother operation of national security initiatives.
Scope and Application
The Statutory Rules of 1942, No. 392, under the National Security Act 1939-1940, amends the National Security (Supplementary) Regulations to modify the observance of daylight saving time. This regulation applies to all states and territories within the Commonwealth of Australia, overriding any conflicting laws from states or territories. It mandates that from 2 am on Sunday, 27 September 1942, to 2 am on Sunday, 28 March 1943, summer time in each state and territory be one hour ahead of standard time. This alteration is intended to facilitate national security measures during the specified period. No exclusions, exemptions, or thresholds are explicitly stated within this regulation, and its application is strictly within the timeframe provided. The regulation extends its effect through subordinate instruments, ensuring uniformity across all jurisdictions within the Commonwealth.
Key Provisions
The key provision of this legislation is the amendment to Regulation 28 of the National Security (Supplementary) Regulations (Reg 28), which adjusts the period for daylight saving time. Specifically, section 2(2) of this Statutory Rule provides that from 2 am on Sunday, 27 September 1942 until 2 am on Sunday, 28 March 1943, summer time shall be one hour ahead of standard time for each state and territory, overriding any conflicting laws (Reg 2(2)). This amendment is made under the authority granted by the National Security Act 1939-1940.
The primary obligation imposed by this regulation is on the states and territories to align their timekeeping practices with the new daylight saving period as specified. Each jurisdiction must ensure that their clocks are set one hour ahead of standard time during the period from 2 am on Sunday, 27 September 1942, to 2 am on Sunday, 28 March 1943 (Reg 2(2)). This adjustment must be made regardless of any conflicting provisions in their own laws, ensuring uniformity across Australia.
There are no specific offences, penalties, or civil or criminal consequences outlined in this Statutory Rule for non-compliance with the amended daylight saving time regulations. However, the overriding nature of this regulation implies that failure to comply could potentially lead to legal disputes or conflicts with other laws. The regulation itself focuses on setting a clear directive for the period of daylight saving time without detailing the repercussions of non-compliance.