National Security (Supplementary) Regulations (Amendment)

Overview

The Statutory Rules 1941, No. 279, made under the National Security Act 1939-1943, introduces amendments to the National Security (Supplementary) Regulations. This regulation was enacted to address the pressing needs of national security during wartime, particularly concerning the control of essential undertakings where there was a threat to the supply of war-required goods. The regulation allows a Minister to authorise a person, referred to as an 'authorised controller', to exercise control over an undertaking if the person managing it is imprisoned or likely to discontinue operations due to dissatisfaction with financial returns. This measure ensures the continuity of critical supplies for the defence of the Commonwealth and the effective prosecution of the war. The objective of this regulation is to safeguard essential operations and maintain the integrity of wartime supply chains, as directed by the relevant Minister.

Scope and Application

The National Security (Supplementary) Regulations, as amended by the Statutory Rules 1941 No. 279, extend the authority of the Commonwealth to control certain essential undertakings that are critical for the supply of goods necessary for the defence of Australia or the effective prosecution of the war. These Regulations apply to any person or entity carrying on an industrial or commercial enterprise, referred to as an 'undertaking', that has a contract with the Commonwealth or an authority of the Commonwealth for the supply of goods deemed essential for national security purposes. The regulation allows a Minister to authorise an 'authorized controller' to take control of an undertaking if the person or entity involved in managing the undertaking is serving a sentence of imprisonment for offences related to the contravention of National Security (Prices) Regulations or if they are likely to discontinue the operation of the undertaking due to dissatisfaction with the financial returns, in the opinion of the Minister. This control is exercised in accordance with the provisions specified in the order made by the Minister. The regulation encompasses the entire Commonwealth of Australia, applying uniformly across all states and territories, with no stated exclusions or exemptions, reflecting the national scope of the legislative intent to secure essential war supplies. The regulation also specifies that compensation provisions under the National Security (General) Regulations apply to any orders made under this regulation, ensuring that affected parties are treated according to established legal standards.

Key Provisions

The key operative sections of this statutory instrument (C1943L00279) pertain to the control of certain essential undertakings, particularly those producing goods required for the defence of Australia or for the prosecution of the war, where individuals involved in the management of such undertakings are incarcerated or where there is a risk of the undertaking's operation being discontinued (Regulation 1). Regulation 1(1) stipulates that a Minister can authorise an "authorized controller" to manage an undertaking if there is a contract between the Commonwealth and the person carrying on the undertaking and if the person is imprisoned for offences related to the National Security (Prices) Regulations or is likely to discontinue the operation of the undertaking due to dissatisfaction with financial returns. Regulation 1(2) mandates that the undertaking must be operated in accordance with the provisions of the order, and any person managing the undertaking must comply with directions from the authorized controller. The Minister must also notify the relevant parties of the order as soon as practicable (Regulation 1(3)). Finally, Regulation 1(4) states that certain compensation provisions under the National Security (General) Regulations apply to this regulation. The obligations imposed by this legislation on the parties involved are primarily centred around compliance with the orders issued by the authorized controllers. The Minister must ensure that any order is communicated effectively to the relevant parties, including those carrying on the undertaking and other individuals deemed necessary by the Minister (Regulation 1(3)). Additionally, any person managing the undertaking must adhere to the directions given by the authorized controller during the period the order is in force (Regulation 1(2)). The legislation includes provisions for potential civil consequences for non-compliance. Under Regulation 1(2), any person having management functions in relation to the undertaking who fails to comply with the directions of the authorized controller may face civil penalties, although the exact nature and extent of these penalties are not specified in the text. Furthermore, the legislation incorporates compensation provisions from the National Security (General) Regulations, indicating that there may be financial repercussions for parties affected by the orders under this regulation (Regulation 1(4)). The precise penalties and consequences for breach are not detailed within the text provided, but they are governed by the referenced regulations and potentially by other provisions of the National Security Act 1939-1943.