STATUTORY RULES.
1945. No. 70.
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 sixteenth day of May, 1945.
HENRY
Governor-General
By His Royal Highness’s Command,
JOHN A. BEASLEY
for and on behalf of the Minister of State for Defence.
Amendment of the National Security (Supplementary) Regulations.†
Administration of affairs of persons missing as a result of war operations, &c.
Regulation 80‡ of the National Security (Supplementary) Regulations is amended by adding at the end of paragraph (d) of sub-regulation (1.) the words “or has made such arrangements but, for any reason, it has not been possible to give full effect to those arrangements,”.
* Notified in the Commonwealth Gazette on 18th May, 1945.
† Statutory Rules 1940, No. 126, as amended to date. For previous National Security (Supplementary) Regulations see footnote † to Statutory Rules 1944, No. 157, and also Statutory Rules 1944, Nos. 162 and 188: and 1945, Nos. 18 and 53.
‡ Added by Statutory Rules 1942, No. 468; amended by Statutory Rules 1943, Nos. 48 and 314.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
2403. —Price 3d.
Overview
The Statutory Rules 1945, No. 70, introduced under the National Security Act 1939-1943, was enacted to address the administrative challenges posed by individuals missing as a result of war operations. This regulation, made by the Governor-General in accordance with the Federal Executive Council, and on behalf of the Minister of State for Defence, amends the National Security (Supplementary) Regulations. The amendment specifically concerns the administration of affairs for those who are missing due to war operations, allowing for a broader interpretation where initial arrangements for such administration have been made but could not be fully implemented for various reasons. This legislative instrument aims to ensure continuity and stability in the management of these individuals' affairs during and after the war period.
Scope and Application
The Statutory Rules 1945 No. 70, made under the National Security Act 1939–1943, pertains to the administration of the affairs of persons missing as a result of war operations. This regulation amends the National Security (Supplementary) Regulations, specifically Regulation 80, to accommodate scenarios where individuals have attempted to make arrangements for their affairs in anticipation of their absence due to war operations, but these arrangements could not be fully implemented. The regulation applies to any individual or entity involved in managing the affairs of missing persons, ensuring that such entities can take necessary actions despite the circumstances preventing the completion of prior arrangements. The geographic reach of this regulation is national, extending across the Commonwealth of Australia, and it is applicable to any person or entity within this jurisdiction dealing with the aftermath of war operations. The regulation does not specify any exclusions or exemptions, implying a broad application unless otherwise stipulated by subordinate instruments or other legal provisions.
Key Provisions
The regulation amends Regulation 80 of the National Security (Supplementary) Regulations, which is under the National Security Act 1939–1943. This amendment, specifically to sub-regulation (1)(d), pertains to the administration of affairs of individuals missing due to war operations. The amendment adds a clause to this sub-regulation, stating that if an individual has made arrangements for the administration of their affairs in the event of their absence due to war operations but these arrangements could not be fully implemented for any reason, the regulation now covers this situation. This means that even if the original arrangements were not fully carried out, the regulation still applies to ensure that the administration of the individual’s affairs is managed appropriately.
The Act imposes certain obligations on those who are subject to it. Firstly, individuals who are missing due to war operations must make arrangements for the administration of their affairs. This ensures that their personal and financial matters are managed in their absence. Secondly, if these arrangements cannot be fully implemented for any reason, the regulation still applies, meaning that alternative measures must be taken to ensure that the administration of their affairs is handled effectively. This could involve appointing an administrator or taking other necessary steps to manage the individual’s affairs.
Failure to comply with the provisions of this regulation could result in various consequences. While the specific offences and penalties are not detailed in this particular regulation, under the National Security Act 1939–1943, breaches of regulations can lead to significant civil and criminal penalties. These may include fines, imprisonment, or other sanctions as prescribed by law. The exact penalties would depend on the nature and severity of the breach, and would be determined by the courts in the event of a legal dispute.
In summary, the key provisions of this regulation ensure that the administration of affairs of individuals missing due to war operations is managed effectively, even if the original arrangements cannot be fully implemented. The obligations placed on individuals and the potential consequences for non-compliance are designed to protect the interests of those affected by such situations and to maintain the integrity of the administration process.