STATUTORY RULES.
1945. No. 18.
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 nineteenth day of February, 1945.
HENRY
Governor-General.
By His Royal Highness’s Command,
JOHN J. DEDMAN
for Minister of State for Defence.
Amendment of the National Security (Supplementary)
Regulations. †
The National Security (Supplementary) Regulations are amended by adding at the end thereof the following regulation:—
Transfer of administration of War Organization Department.
“132.—(1.) The Regulations specified in the Schedule to this regulation and any orders under any such Regulations are amended by omitting the words ‘the Minister of State for War Organization of Industry’ (wherever occurring) and inserting in their stead the words “the Minister of State for Post-war Reconstruction’.
“(2.) Every order made under regulation 59 of the National Security (General) Regulations which, immediately prior to the commencement of this regulation, was administered by the Minister of State for War Organization of Industry shall, by force of this regulation, be administered by the Minister of State for Post-war Reconstruction and every such order shall be amended by omitting the words ‘the Minister of State for War Organization of Industry’ (wherever occurring) and inserting in their stead the words ‘the Minister of State for Post-war Reconstruction’.
“(3.) Every appointment which was made, consent, permission, exemption, approval or other authority whatsoever which was granted, and direction or requirement which was given or made by the Minister
* Notified in the Commonwealth Gazette on 19th February, 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.
871.—Price 3d.
of State for War Organization of Industry under any of the Regulations or orders referred to in this regulation and which was in force immediately prior to the commencement of this regulation shall continue in force as if this regulation had been in force at the time it was made, granted or given and as if it had been made, granted or given by the Minister of State for Post-war Reconstruction under any such Regulations or order, as amended by this regulation, and may be revoked, suspended or varied by that Minister accordingly.
“(4.) This regulation shall come into operation on the twentieth day of February, 1945.
“THE SCHEDULE.
National Security (Building Operations) Regulations;
National Security (Fish) Regulations;
National Security (General) Regulations—in respect of regulation 59aa;
National Security (Internal Combustion Engines) Regulations;
National Security (Supplementary) Regulations—in respect of regulations 83 and 84;
National Security (Universities Commission) Regulations.”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules of 1945, No. 18, issued under the National Security Act 1939-1943, represents a legislative instrument made by the Governor-General in Council to address the transition from wartime to post-war administration in Australia. This regulation was enacted to facilitate the transfer of administrative responsibilities from the Minister of State for War Organization of Industry to the Minister of State for Post-war Reconstruction, ensuring a smooth transition in the management of national security-related activities. The regulation was enacted by the Governor-General in accordance with the advice of the Federal Executive Council, with the intent to maintain continuity in the administration of certain regulations and orders that were previously overseen by the Minister of State for War Organization of Industry. The regulation came into effect on 20 February 1945, and it was designed to align with the broader policy objectives of transitioning Australia's governance structures to meet the needs of a post-war society.
Scope and Application
This Statutory Rule, made under the National Security Act 1939-1943, amends the National Security (Supplementary) Regulations to transfer the administration of certain regulations from the Minister of State for War Organization of Industry to the Minister of State for Post-war Reconstruction. Specifically, the amendment involves the omission of references to the former Minister and the insertion of references to the latter in several regulations and orders, thereby ensuring a seamless transition of responsibilities as the nation moves from wartime to post-war reconstruction efforts. The affected regulations include the National Security (Building Operations) Regulations, National Security (Fish) Regulations, National Security (General) Regulations (in respect of regulation 59aa), National Security (Internal Combustion Engines) Regulations, National Security (Supplementary) Regulations (in respect of regulations 83 and 84), and National Security (Universities Commission) Regulations. The changes are designed to align the administration of these regulations with the new post-war objectives and are effective from 20 February 1945.
Key Provisions
The key operative sections of this legislation pertain to the amendment of the National Security (Supplementary) Regulations, specifically transferring the administration of the War Organization Department to the Minister of State for Post-war Reconstruction. Under regulation 132, all specified regulations and orders are amended by replacing references to the Minister of State for War Organization of Industry with references to the Minister of State for Post-war Reconstruction (subsection 1). Additionally, any orders made under regulation 59 of the National Security (General) Regulations that were previously administered by the Minister of State for War Organization of Industry will now be administered by the Minister of State for Post-war Reconstruction, with corresponding textual changes (subsection 2). All prior appointments, consents, permissions, exemptions, approvals, directions, and requirements granted or issued by the former Minister will continue in force, as if they had been issued by the new Minister (subsection 3). This regulation takes effect on 20 February 1945 (subsection 4).
The Act imposes several obligations on the relevant parties, primarily involving the administrative transition from the Minister of State for War Organization of Industry to the Minister of State for Post-war Reconstruction. The former Minister’s responsibilities, including those outlined in the listed regulations, must be seamlessly handed over to the latter Minister, who will assume full authority over these matters. This transition requires that all existing orders, appointments, and permissions be re-aligned to reflect the new Minister’s authority, ensuring that the continuity of governance and oversight is maintained without interruption.
Failure to comply with the provisions of this regulation could potentially result in legal consequences, although the specific offences, penalties, or civil/criminal consequences are not detailed within the text. However, the legislative context suggests that breaches of administrative protocol or failure to properly transfer authority could be subject to penalties under the broader National Security Act 1939-1943. These penalties could encompass both civil and criminal sanctions, depending on the nature and severity of the breach. While the exact maximum penalties are not specified in this particular regulation, they would typically be outlined in the overarching Act or in related legislative instruments.