National Security (Supplementary) Regulations (Amendment)

Overview

The Statutory Rules 1943 No. 155, enacted under the National Security Act 1939-1940, introduced amendments to the National Security (Supplementary) Regulations, addressing the need for stringent control over business operations during wartime. This legislation empowered the Premier of any State to determine the opening and closing hours of specific establishments within their jurisdiction, thereby enabling more effective mobilisation and regulation of resources. The policy objective was to ensure that the war effort did not face disruptions due to irregular trading hours, thus maintaining order and efficiency in the supply chain. This regulation underscored the overarching national security considerations of the time, allowing for the Prime Minister to rescind any such orders if deemed necessary.

Scope and Application

The regulation under the National Security Act 1939-1940 applies to any prescribed establishment within a state, including theatres, shops, schools, offices, and places where trade or business is conducted. This regulation does not extend to offices, places, or establishments under the control of the Commonwealth or factories. The regulation allows the Premier of any State to determine the opening and closing hours of these establishments by issuing an order. These orders can apply to the whole or part of the State, and can specify different hours for different days of the week and for different classes of establishments. Importantly, the regulation overrides any conflicting provisions in Commonwealth or state laws, industrial awards, orders, determinations, or agreements. The regulation also provides that the person in charge of a prescribed establishment must comply with the Premier's orders, and that the Prime Minister has the power to rescind any such order by notice in the Gazette.

Key Provisions

The main operative section of the regulation, Regulation 23a, provides that the Premier of any State can determine the opening and closing hours of certain establishments within that State, subject to any directions from the Prime Minister. This regulation allows the Premier to make an order setting the opening and closing hours of various establishments, such as shops, offices, and schools, within their jurisdiction (section 23a(1)). The regulation specifies that these orders can apply to all prescribed establishments or specific classes of establishments and can vary the hours for different days of the week (section 23a(3)). Furthermore, the regulation mandates that the person in charge of a prescribed establishment must adhere to the specified hours and cannot open or close the establishment in contradiction to the order (section 23a(4)). The Prime Minister retains the authority to rescind any order made under this regulation by publishing a notice in the Gazette, thereby nullifying the order's effect (section 23a(5)). The term 'prescribed establishment' is defined to include various types of establishments except those under Commonwealth control or factories (section 23a(6)). The regulation imposes several obligations on the parties it governs. Firstly, the Premier of any State has the authority to issue orders determining the opening and closing hours of prescribed establishments, provided these orders comply with any directives from the Prime Minister. Secondly, the person in charge of any prescribed establishment is obligated to ensure that the establishment operates within the hours specified in any applicable order. They must not cause, permit, or suffer the establishment to open or close outside of the mandated hours. Additionally, the regulation stipulates that these orders must prevail over any conflicting provisions in Commonwealth or State laws, industrial tribunals' awards, orders, or determinations, or industrial agreements (section 23a(2)). There are no explicit offences or penalties mentioned in the regulation for breaches of the opening and closing hours orders. However, the regulation does not exclude the possibility of civil or criminal consequences for non-compliance. For example, if an establishment is found to be operating outside the specified hours, the person in charge could potentially face legal action under other relevant laws or regulations. The regulation's focus is primarily on establishing a framework for determining and enforcing opening and closing hours, rather than prescribing specific penalties for breaches. The Prime Minister's power to rescind orders by publishing a notice in the Gazette provides a means to address non-compliance without explicitly penalising individuals.