STATUTORY RULES:
1942. No. 407
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 twenty-third day of September, 1942.
(Sgd,) GOWRIE.
GOVERNOR-GENERAL.
By His Excellency’s Command,
(Sgd.) H. V. EVATT
For and on behalf of the Minister
of State for Defence.
AMENDMENT OF NATIONAL SECURITY (SUPPLEMENTARY) REGULATIONS†
Holidays
Regulation 29 of the National Security (Supplementary) Regulations is amended by adding at the end thereof the following sub-regulation:-
“(8).The foregoing provisions of this regulation shall, in respect of the State of Victoria, apply also, on the last Thursday in September, 1942 (being Royal Agricultural Show Day), to employers and managers (being persons engaged in the business) of banking or of insurance) and to every Commonwealth or State Department, or authority of the Commonwealth or of a State, engaged on any work whatsoever and to all employees of any such employer or manager and to officers and employees of any such Department or authority.”.
* 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. 246, and see also Statutory Rules 1942, Nos. 265, 269, 271, 278, 280, 282, 295, 353, 361, 370, 376, 378, 391, 392 and 394.
Overview
The Statutory Rules: 1942, No. 407, made under the National Security Act 1939-1940, was enacted to address specific administrative challenges arising during the Second World War, particularly concerning workforce management and operational continuity in sensitive industries such as banking and insurance. The Governor-General, acting on advice from the Federal Executive Council, issued this regulation on 23 September 1942 to ensure that national security requirements did not conflict with public holidays, especially in the state of Victoria. The amendment to Regulation 29 of the National Security (Supplementary) Regulations aimed to include the last Thursday in September, designated as Royal Agricultural Show Day, within the scope of the regulations, thereby extending the provisions to employers and managers in banking and insurance sectors, as well as Commonwealth and State Departments and their employees. This regulation underscores the policy objective of maintaining operational efficiency and compliance with national security measures without disrupting public events.
Scope and Application
The regulation under the National Security Act 1939-1940 applies to specific persons and entities in the State of Victoria on the last Thursday in September, 1942, which coincides with Royal Agricultural Show Day. This includes employers and managers engaged in banking or insurance businesses, as well as every Commonwealth or State Department or authority and all their employees, officers, and workers. This regulation extends the provisions of the National Security (Supplementary) Regulations to ensure compliance with national security measures on that particular day. The regulation is a direct amendment to existing statutory rules and does not include any exclusions, exemptions, or thresholds, thereby applying broadly to the specified entities and persons within the state on the designated date. Any further extension or restriction of the application of this regulation may be governed by subordinate instruments under the authority of the National Security Act 1939-1940.
Key Provisions
The operative sections of the Statutory Rules 1942, No. 407, made under the National Security Act 1939-1940, focus on extending the application of the National Security (Supplementary) Regulations to include an additional holiday in the State of Victoria. Specifically, Regulation 29 is amended by adding a new sub-regulation (8) which stipulates that the provisions of this regulation, concerning holidays, will apply on the last Thursday in September 1942 (Royal Agricultural Show Day) to employers and managers in the banking and insurance sectors, to all employees of these entities, and to all officers and employees of any Commonwealth or State Department or authority (Regulation 29(8)).
This amendment imposes obligations on employers and managers within the banking and insurance industries, as well as on all employees of these entities and on officers and employees of Commonwealth or State Departments or authorities, to adhere to the holiday provisions outlined in the National Security (Supplementary) Regulations on the specified date in Victoria. The intent is to ensure a consistent application of holiday rules across these sectors and government bodies, thereby maintaining continuity and alignment with national security measures during a period of heightened national concern.
Failure to comply with these regulations may lead to legal consequences. While the specific offences and penalties are not detailed within the Statutory Rules 1942, No. 407 itself, the overarching National Security Act 1939-1940 provides a framework within which such breaches could be prosecuted. Under this Act, violations of regulations made thereunder could potentially result in criminal charges, with penalties including fines and imprisonment, depending on the severity and intent of the breach. The maximum penalties for such offences would be commensurate with the gravity of the contravention, reflecting the importance of adherence to national security directives during times of national urgency.