National Security (Supplementary) Regulations (Amendment)

Legislation au C1943L00210 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1943. No. 210.

 

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 first day of September, 1943.

GOWRIE

Governor-General.

By His Excellency’s Command.

R. V. KEANE

for and on behalf of the Minister of State for Defence.

 

Amendment of the National Security (Supplementary) Regulations.†

Regulation 53‡ of the National Security (Supplementary) Regulations is repealed and the following regulation inserted in its stead:—

Exemption of certain goods from Customs duty.

“53.—(1.) Subject to the next succeeding sub-regulation, duties of Customs shall not be chargeable (whether under the Customs Tariff 1933-1939 or under any other Act) on—

(a) any vessel specified in item 424 (b) in the Schedule to the Customs Tariff 1933-1939;

(b) goods sent or brought to Australia by—

(i) a member of the Defence Force serving outside Australia;

(ii) a person ordinarily resident in Australia who is serving with the Naval, Military or Air forces of the United Kingdom;

(iii) a person serving with any nursing service, voluntary aid detachment, red cross society, ambulance association or any similar body or association attached to any part of the Defence Force;

 

* Notified in the Commonwealth Gazette on 1st September, 1943.

† Statutory Rules 1940, No. 126, as amended to date. For previous National Security (Supplementary) Regulations see footnote † to Statutory Rules 1943, No. 169; and see also Statutory Rules 1943, Nos. 172, 173, 180, 182, 188 and 195.

‡ See Statutory Rules 1942, No. 431.

2274.—Price 3d.

(iv) a person who is a representative, attached to or accompanying any part of the Defence Force, of any organization which is providing philanthropic, welfare or medical services for members of any part of the Defence Force; or

(v) a member of any police force attached to or accompanying any part of the Defence Force;

(c) goods sent to a member serving in Australia of—

(i) the Naval Forces;

(ii) the Australian Imperial Force;

(iii) the Air Force; or

(iv) the Australian Army Nursing Service;

(d) goods sent to any member serving in Australia of—

(i) any Naval, Military or Air forces of the United Kingdom or of any other part of His Majesty’s dominions (other than the Commonwealth); or

(ii) any Naval, Military or Air forces of any foreign power allied or associated with His Majesty in any war in which His Majesty is engaged;

(e) goods sent to a person not ordinarily resident in Australia—

(i) who is serving in Australia with any nursing service, voluntary aid detachment, red cross society, ambulance association or any similar body or association attached to any of the Forces specified in the last preceding paragraph;

(ii) who is a representative, attached to or accompanying any of the Forces so specified, of any organization which is providing philanthropic, welfare or medical services for members of any of those Forces; or

(iii) who is a member of any police force attached to or accompanying any of the Forces so specified;

(f) goods imported by and being the property of the American Red Cross to be used in Australia for the welfare of the members of the Naval or Military forces of the United States of America or of war victims;

(g) goods imported by and being the property of—

(i) the Government of the United Kingdom or of any part of His Majesty’s dominions (other than the Commonwealth); or

(ii) the Government of any foreign power allied or associated with His Majesty in any war in which His Majesty is engaged,

for sale in Australia in canteens of the Naval, Military or Air forces of the United Kingdom, part of His Majesty’s dominions or foreign power, as the case may be; or

(h) goods sent to any child who is an overseas child within the meaning of the National Security (Overseas Children) Regulations by the parent or guardian of that child.

“(2.) The provisions of the last preceding sub-regulation shall, with respect to any person specified in paragraph (b), (c), (d) or (e) thereof, apply only to goods not for sale or exchange not exceeding in value Ten pounds sterling in any period of twelve months.”.

 

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

Overview

The Statutory Rules 1943, No. 210, made under the National Security Act 1939-1943, address the need to exempt certain goods from customs duty during a period of national security concern. Enacted by the Governor-General in Council, the regulation aims to support the war effort by facilitating the unhindered movement of essential goods for military personnel and related services. This regulation was introduced to alleviate the logistical challenges faced by service members and support organisations during wartime, ensuring that necessary supplies and personal items could be transported without incurring customs duties. The policy objective is to streamline the supply chain for defence-related goods, thereby enhancing the efficiency and effectiveness of the national security apparatus.

Scope and Application

The Statutory Rules of 1943, No. 210 amends the National Security (Supplementary) Regulations under the National Security Act 1939-1943. The regulation pertains to the exemption of certain goods from customs duty, applying to goods sent or brought into Australia by various categories of individuals and entities involved with the Defence Force or associated services, including members of the Defence Force, personnel from allied forces, and representatives of organisations providing services to the Defence Force. This regulation extends to goods sent to members of the Naval, Military or Air forces of the United Kingdom, other allied or associated foreign forces, and goods imported by governments or charitable organisations for the welfare of service members or war victims. The exemption applies to goods not exceeding in value ten pounds sterling in any period of twelve months for certain categories of individuals. This regulation applies nationally across Australia and is enforced through the Commonwealth's customs authority.

Key Provisions

The main operative section of the regulation is regulation 53 (subsections 1 and 2) which outlines the exemption of certain goods from Customs duty. This regulation specifies various categories of goods and individuals who are exempt from paying Customs duties when sending or importing these goods into Australia. This includes items sent by members of the Defence Force, the Australian Imperial Force, and the Air Force, as well as goods sent to individuals serving in Australia with various forces or organizations related to the Defence Force. It also includes goods sent to children who are overseas children under the National Security (Overseas Children) Regulations. The regulation further limits the exemption to goods not exceeding the value of ten pounds sterling in any twelve-month period for certain individuals (subsection 2). The Act imposes specific obligations on the parties involved in the importation of these exempted goods. These parties must ensure that the goods being imported fall within the categories specified in regulation 53. Additionally, for individuals falling under paragraphs (b), (c), (d), and (e), the goods must not exceed the monetary value limit of ten pounds sterling within any twelve-month period. Failure to comply with these conditions may result in the goods being subject to Customs duty. There are no explicit penalties or consequences mentioned in the regulation for breach of these provisions. However, any breach of the regulation could potentially lead to the imposition of Customs duties on the exempted goods. It is also possible that other provisions of the National Security Act 1939-1943 or related legislation may apply in such cases, which could result in additional penalties or consequences.

Legal classification tags

Area of Law
National Security Law
Instrument
Regulation
Concepts
Customs Exemption
Defence Force Personnel
Humanitarian Services

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.