STATUTORY RULES.
1942. No. 161
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 Seventh
day of April , 1942.
Governor-General.
By His Excellency’s Command,
for and on behalf of the Minister of State
for Defence Co-ordination.
Amendments of the National Security (Supplementary)
Regulations.†
The National Security (Supplementary) Regulations are amended by adding at the end thereof the following regulation:—
Use of cattle at Werribee Farm.
“Nothing contained in section 19 of the Health Act 1935 of the State of Victoria (being Act No. 4333 of that State) shall—
(a) prevent the removal of any cattle from the Melbourne and Metropolitan Board of Works Farm at Werribee in the State of Victoria, whether for the purposes of human consumption or for any other purposes whatsoever; or
(b) operate to make any authority or person guilty of an offence against, or liable to a penalty under, any law, by reason of that authority or person having permitted or suffered, or having been concerned with, any such removal.”.
* Notified in the Commonwealth Gazette on , 1942.
† Statutory Rules 1940, No. 126, as amended by Statutory Rules 1940, Nos. 151, 169, 213, 228, 233, 234, 245 and 257; 1941, Nos. 75, 88, 100, 140, 197, 200, 222, 249, 296, 297, 303, 314, 318, 320 and 323; and 1942, Nos. 16, 20, 21, 36, 40, 50, 57, 62, 63, 72, 78, 90, 111, 125, 132, 147, 150 and 153.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
2380.—price 3d. 25/27.3.1942.
Overview
The Statutory Rules of 1942, No. 161, represent a regulation under the National Security Act 1939–1940, enacted by the Governor-General on behalf of the Federal Executive Council. This legislative instrument was introduced to address a specific need arising from the national security context of the time, namely to facilitate the removal of cattle from the Melbourne and Metropolitan Board of Works Farm at Werribee in Victoria for purposes including human consumption, notwithstanding any provisions of the Health Act 1935 of Victoria. The regulation aims to ensure that such removals do not contravene any existing laws and that authorities or individuals involved in the process are not held liable under any law for permitting or being involved in these actions.
The policy objective underpinning this regulation is to support the national security efforts by ensuring the availability of necessary resources, even when they conflict with other regulatory frameworks, thus demonstrating the flexibility and adaptability of the legislative measures in response to extraordinary circumstances.
Scope and Application
This Statutory Rule made under the National Security Act 1939–1940 amends the National Security (Supplementary) Regulations to address a specific issue related to the removal of cattle from the Melbourne and Metropolitan Board of Works Farm at Werribee in the State of Victoria. The regulation seeks to prevent any impediment caused by section 19 of the Health Act 1935 of Victoria from preventing the removal of cattle from Werribee Farm for any purpose, including human consumption. It also aims to ensure that no authority or person is held liable under any law for permitting, suffering, or being involved in the removal of cattle from the farm. This amendment is geographically focused on the Werribee Farm in Victoria and applies to the specific conduct of removing cattle from this location. The regulation is an exception to the general provisions of the Health Act 1935 of Victoria in the context of national security concerns during the period of its enactment.
Key Provisions
The main operative section of this regulation is the addition to the National Security (Supplementary) Regulations, which allows for the removal of cattle from the Melbourne and Metropolitan Board of Works Farm at Werribee in Victoria for any purpose, including human consumption (regulation 1(2)(a)). This amendment ensures that the removal of cattle from the specified farm does not contravene the Health Act 1935 of Victoria (regulation 1(2)(b)). This provision overrides any conflicting provisions in the Health Act 1935 to facilitate the removal of cattle from the farm for purposes deemed necessary under the National Security Act 1939–1940.
The Act imposes specific obligations on authorities and individuals involved in the removal of cattle from the Werribee Farm. It mandates that any authority or person who permits, suffers, or is concerned with the removal of cattle from the farm will not be held guilty of an offence or liable for any penalty under any law (regulation 1(2)(b)). This includes protection from any legal repercussions arising from the removal of cattle under the authority of the National Security Act 1939–1940.
There are no explicit offences or penalties stated within the regulation itself. However, any breach of the National Security Act 1939–1940 or related regulations could potentially result in civil or criminal consequences. For example, if the removal of cattle from the farm is conducted in a manner that contravenes other legislative provisions not explicitly addressed in this regulation, those involved could face penalties under the relevant laws. The specific penalties would depend on the nature and severity of the breach, as determined by the applicable legislation.