STATUTORY RULES.
1946. No. 24.
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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 sixth day of February, 1946.
HENRY
Governor-General.
By His Royal Highness’s Command,
H. P. LAZZARINI
for Minister of State for Defence.
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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 Department of Home Security.
“140.—(1.) Regulation 2 of the National Security (Civil Defence Workers’ Compensation) Regulations is amended by omitting the words ‘Home Security’ and inserting in their stead the words ‘the Interior’.
“(2.) Regulation 35a of the National Security (General) Regulations is amended by omitting the words ‘Home Security’ (wherever occurring) and inserting in their stead the words ‘the Interior’.
“(3.) Regulation 2 of the National Security (Salvage) Regulations is amended by omitting the words ‘Home Security’ and inserting in their stead the words ‘Works and Housing’.
“(4.) Every order, appointment or declaration which was made and every direction or approval which was given by the Minister of State for Home Security under any of the Regulations referred to in
* Notified in the Commonwealth Gazette on 14th February, 1946.
† Statutory Rules 1940, No. 126, as amended to date. For previous National Security (Supplementary) Regulations, see footnote † to Statutory Rules 1944. No. 157, and see also Statutory Rules 1944, Nos. 162 and 188; and 1945, Nos. 18, 37, 47, 51, 58, 66, 67, 70, 102, 106, 109, 121, 123, 131, 134, 136, 145, 147, 165, 175 and 188.
447.—Price 3d.
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 or given and as if it had been made or given by the Minister of State for the Interior or the Minister of State for Works and Housing, as the case may be, under any such Regulations, as amended by this regulation, and may be revoked, amended or varied by that Minister accordingly.
“(5.) This regulation shall come into operation on the first day of February, 1946.”.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
This Statutory Rule, enacted in 1946 under the National Security Act 1939-1943, addresses the need to reassign administrative responsibilities following the conclusion of World War II. The regulation, made by the Governor-General in accordance with the Federal Executive Council, amends the National Security (Supplementary) Regulations to reflect the transfer of duties from the Department of Home Security to other government departments such as the Department of the Interior and the Department of Works and Housing. This change was necessary to align with the restructuring of government operations post-war and ensure continuity in the administration of existing orders and regulations. The objective of this amendment is to maintain the effectiveness and legal validity of pre-existing directives without disruption, thereby providing stability during the transition period.
Scope and Application
The Statutory Rules 1946 No. 24 made under the National Security Act 1939-1943, amends the National Security (Supplementary) Regulations to reflect changes in departmental administration. Specifically, it transfers the administration of the Department of Home Security to the Department of the Interior, the Department of Works and Housing, and other related departments. This amendment impacts the National Security (Civil Defence Workers’ Compensation) Regulations, National Security (General) Regulations, and National Security (Salvage) Regulations by replacing references to the "Home Security" with "the Interior" and "Works and Housing". Additionally, it ensures that any orders, appointments, directions, or approvals made by the former Minister of State for Home Security will continue in force and can be revoked, amended, or varied by the respective new ministers. The regulation takes effect from the first day of February, 1946.
Key Provisions
The key provisions of this legislative instrument involve amendments to the National Security (Supplementary) Regulations, specifically concerning the transfer of administration from the Department of Home Security to other departments. Regulation 140, which is newly added to the Supplementary Regulations, includes several amendments. Firstly, it changes references to the "Home Security" department to "the Interior" in Regulation 2 of the National Security (Civil Defence Workers’ Compensation) Regulations and Regulation 35a of the National Security (General) Regulations (subsections 1 and 2). Secondly, it modifies references to "Home Security" to "Works and Housing" in Regulation 2 of the National Security (Salvage) Regulations (subsection 3). These changes ensure that all orders, appointments, declarations, directions, and approvals made by the Minister of State for Home Security under these regulations remain in effect but are now attributed to the appropriate Minister of the Interior or Works and Housing. These changes take effect from 1 February 1946 (subsection 5).
The obligations imposed by this legislative instrument require that any administrative functions, orders, or approvals previously executed by the Minister of State for Home Security must now be carried out by the Minister of State for the Interior or the Minister of State for Works and Housing, depending on the specific regulation. This transition ensures continuity in the administration of national security-related matters by the relevant department. It is imperative that all documentation and records be updated to reflect these changes to maintain legal and administrative compliance (subsection 4).
Under this regulation, there are no explicit offences, penalties, or civil/criminal consequences for breach specified within the text. However, any failure to comply with the new administrative requirements may lead to legal challenges regarding the validity of orders, appointments, or approvals made prior to the transition. It is crucial for all relevant parties to adhere to the amended regulations to avoid any potential legal issues arising from the transition in departmental administration.