National Security (Supplementary) Regulations (Amendment)

Legislation au C1941L00075 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1941. No. 75.

———

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  Second

day of   April     , 1941

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

Acting Minister of State for Defence Co-ordination.

——

Amendment of the National Security (Supplementary) Regulations.†

After regulation 10 of the National Security (Supplementary) Regulations the following regulations are added:—

Appointment to or enlistment in Defence Force of aliens.

“11— (1.) The power of the Governor-General to appoint officers of the Defence Force and to issue commissions to them shall extend to the appointment of such aliens, not being enemy aliens, to—

(a) the Military Forces for service in the Australian Imperial Force, as the Military Board recommends,

(b) the Naval Forces, as the Naval Board recommends, and

(c) the Air Force, as the Air Board recommends,

and the issue of commissions to them.

“(2.) An alien, not being an enemy alien, may be enlisted in—

(a) the Military Forces for service in the Australian Imperial Force, subject to the approval of the Military Board or of the District Commandant of the Military District in which the alien resides at the time of enlistment,

(b) the Naval Forces, subject to the approval of the Naval Board, or

(c) the Air Force, subject to the approval of the Air Board.

* Notified in the Commonwealth Gazette on , 1941.

† Statutory No Rules 1940, No. 126, as amended by Statutory Rules 1940, Nos. 151, 169, 213, 228, 233, 234, 245 and 257 ; and 1941, No.

1070.—10/21.2.1941.—Price 3d.


“(3.) An alien may be enlisted in the Military Forces, the Naval Forces or the Air Force without being required to take and subscribe an oath or affirmation of enlistment in accordance with the form set forth in the Third Schedule to the Defence Act 1903-1939, the Second Schedule to the Naval Defence Act 1910-1934 or Form 1, 1a, 3 or 3a in the First Schedule to the Air Force Regulations, as the case may be.

“(4.) Subject to the provisions of this regulation, the provisions of the Defence Act 1903-1939, the Naval Defence Act 1910-1934 or the Air Force Act 1923-1939, as the case may be, and any regulations made under the respective Acts shall apply to aliens appointed to or enlisted in the Military or Naval Forces or the Air Force as if they were British subjects.

“(5.) For the purposes of this regulation, ‘enemy alien’ means a person who, not being a British subject, possesses the nationality of a State at war with His Majesty.

Voidance of assignments of allotments and dependants allowances.

“12—(1.) The right of any allottee to receive an allotment or dependants allowance shall be incapable of assignment.

(2.) Any assignment of the right to receive an allotment or dependants allowance made or given prior to the date upon which this regulation conies into operation shall be void as on and from that date.

(3.) A person shall not, whether on his own behalf or on behalf of any corporation, accept an assignment of the right to receive an allotment or dependants allowance.

(4.) An allottee may demand the return of an allotment certificate from any person who claims or purports to hold it by way of or in consequence of assignment or for or on behalf of any assignee, and any such person shall, upon such demand by the allottee, return the certificate to the allottee or the allottee’s agent authorized to receive the certificate.

(5.) Any officer whose duty it is to make payment of any allotment or dependants allowance who has reason to believe that any person holding an allotment certificate is an assignee, or an agent for, or collecting on behalf of, any person claiming to be an assignee, of the right to receive an allotment or dependants allowance may refuse to make any payment in respect of that certificate.

(6.) For the purposes of this regulation—

‘allotment’ means any allotment of the pay of a member of the Naval or Military Forces or the Air Force, whether made or given voluntarily by the member or compulsorily deducted from his pay, and includes any instalment thereof;

‘allotment certificate’ includes any authority or order to receive any payment of an allotment or dependants allowance;

‘allottee’ means any person to or for the benefit of whom an allotment is payable and includes any person to whom a dependants allowance is payable in respect of a member of the Naval or Military Forces or the Air Force;

‘assignment’ includes any assignment, whether made or given absolutely or by way of pledge, mortgage or otherwise;

‘dependants allowance’ includes any instalment of any such allowance.”.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1941, No. 75, introduced by the Governor-General in Council under the authority of the National Security Act 1939-1940, addresses urgent wartime measures necessary for national security and defence coordination. The regulation aims to enhance the flexibility and efficiency of the Defence Force by allowing the appointment and enlistment of non-enemy aliens into the Australian Military Forces, Naval Forces, and Air Force, subject to relevant board approvals. Additionally, the regulation seeks to prevent the assignment of allotments and dependants allowances, ensuring that such payments remain the exclusive benefit of the intended recipients, thereby maintaining financial integrity within the Defence Force during wartime. This regulation underscores the Commonwealth's commitment to robust defence measures in response to the exigencies of the Second World War.

Scope and Application

The Statutory Rules 1941, No. 75, made under the National Security Act 1939-1940, primarily addresses the appointment and enlistment of non-enemy aliens in the Australian Defence Force, as well as the prohibition of assignment of allotments and dependants allowances. This regulation applies to non-enemy aliens, meaning individuals who hold the nationality of a state at war with His Majesty are excluded from its scope. The regulation extends to all Defence Force components, including the Military Forces, Naval Forces, and Air Force, and applies to both appointments made by the Governor-General and enlistments that require board approval. The regulation's provisions are applicable across the Commonwealth of Australia, with its enforcement overseen by relevant Defence Boards and local military authorities. The regulation also explicitly voids any assignments of allotment or dependants allowance rights made prior to its enactment, and prohibits future assignments of such rights, with specified measures for recovering allotment certificates from assignees.

Key Provisions

The main operative sections of the regulation (C1941L00075) under the National Security Act 1939-1940 introduce several significant provisions. Firstly, regulation 11 extends the Governor-General's power to appoint aliens to the Defence Force and to issue commissions to them, subject to specific recommendations from the Military Board, Naval Board, and Air Board for the Military Forces, Naval Forces, and Air Force respectively (s. 11(1)). It also allows for the enlistment of non-enemy aliens in these forces, subject to approval from the relevant boards or District Commandants (s. 11(2)). Furthermore, regulation 11(3) specifies that such enlistments do not require the alien to take an enlistment oath or affirmation. Regulation 12 then addresses the voidance of assignments of allotments and dependants allowances, stipulating that the right to receive such allowances cannot be assigned and that any prior assignments are void (s. 12(1)-(4)). It also empowers officers to refuse payment if they suspect the allotment certificate holder is an assignee (s. 12(5)). These provisions impose several obligations on the parties involved. The Military Board, Naval Board, and Air Board must recommend the appointment or enlistment of aliens, ensuring that they meet the criteria set forth in the regulation. The allotment and dependants allowance system must be managed to prevent any form of assignment, and officers must be vigilant in verifying the legitimacy of allotment certificates. Additionally, allottees have the right to demand the return of their allotment certificates if held by an assignee, and must be facilitated by officers in this regard. The regulation imposes strict consequences for breaches of its provisions. Any assignment of allotments or dependants allowances, whether made before or after the regulation's commencement, is void and cannot be enforced (s. 12(1)-(4)). Officers who knowingly make payments to assignees or their agents risk disciplinary action and may face refusal to pay allotments (s. 12(5)). While the regulation does not explicitly detail criminal or civil penalties for violations, breaches could potentially lead to administrative or legal repercussions under related Acts or regulations.

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