National Security (Supplementary) Regulations (Amendment)

Overview

The Statutory Rules 1941 No. 197, enacted by the Governor-General in Council, serves as a regulation under the National Security Act 1939-1940. This legislative instrument addresses the need to streamline the administration of coal resources during wartime, ensuring that key personnel can effectively manage both their roles in the repatriation of soldiers and the control of coal resources. The regulation was introduced to allow the Chairman of the Repatriation Commission to simultaneously hold the office of Commonwealth Coal Commissioner, thereby facilitating efficient resource management without disrupting the essential services of the Repatriation Commission. This regulation was issued to ensure that the country’s war efforts were not hampered by administrative inefficiencies, aligning with the overarching policy objective of maintaining national security and resource control during the war.

Scope and Application

The Statutory Rules 1941, No. 197, made under the National Security Act 1939-1940, amends the National Security (Supplementary) Regulations to allow the Chairman of the Repatriation Commission to accept and hold the office of Commonwealth Coal Commissioner without vacating his position under the Australian Soldiers’ Repatriation Act 1920-1940. This regulation applies specifically to the individual holding the office of Chairman of the Repatriation Commission at the commencement of this regulation, permitting them to concurrently serve as the Commonwealth Coal Commissioner without any conflict of interest or loss of their original role. In the event of the Chairman being granted leave of absence, the Governor-General has the authority to appoint an acting Commissioner to fulfil the duties and powers of the original Commissioner under the Australian Soldiers’ Repatriation Act during that period of absence. This regulation underscores the flexibility required in leadership roles during times of national security and emergency.

Key Provisions

This Statutory Rule, made under the National Security Act 1939-1940, introduces a new regulation (section 15) that modifies the National Security (Supplementary) Regulations. The key provision of this regulation allows the person holding the office of Chairman of the Repatriation Commission at the commencement of this regulation to accept and hold the office of Commonwealth Coal Commissioner under the National Security (Coal Control) Regulations (subsection 15(1)). Importantly, this dual appointment does not result in the Chairman vacating his role as a member and Chairman of the Repatriation Commission (subsection 15(1)). Furthermore, if the Chairman of the Repatriation Commission is granted leave of absence while holding the office of Commonwealth Coal Commissioner, the Governor-General has the authority to appoint a person to act as a Commissioner during that leave period (subsection 15(2)). This acting Commissioner will have all the powers and perform all the duties of a Commissioner under the Australian Soldiers’ Repatriation Act 1920-1940. The regulation imposes specific obligations on the Chairman of the Repatriation Commission. If he chooses to accept the office of Commonwealth Coal Commissioner, he must ensure that he does not vacate his existing office as Chairman of the Repatriation Commission. Additionally, if he is granted leave of absence, he must allow the Governor-General to appoint an acting Commissioner. The acting Commissioner must then perform all duties and possess all powers as if they were the Chairman of the Repatriation Commission. Failure to comply with the provisions of this regulation could lead to serious consequences. While the regulation does not explicitly state any specific offences, penalties, or civil/criminal consequences for breach, it is clear that any actions that result in the Chairman vacating his office as Chairman of the Repatriation Commission or any failure to allow the Governor-General to appoint an acting Commissioner during leave of absence could be considered a breach. Such breaches might lead to legal action under the general provisions of the National Security Act 1939-1940 or the Australian Soldiers’ Repatriation Act 1920-1940, resulting in penalties that could include fines or imprisonment. However, the exact penalties would depend on the specific breach and the applicable laws at the time.