STATUTORY RULES.
1942. No. 172.
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 fourteenth day of April, 1942.
GOWRIE
Governor-General.
By His Excellency’s Command,
JOHN A. BEASLEY
for and on behalf of the Minister of State
for Defence Co-ordination.
Amendment of National Security (Supplementary) Regulations.†
The National Security (Supplementary) Regulations are amended by adding at the end thereof the following regulation:—
Postponement of local government elections.
“51. Notwithstanding anything contained in any law of the State, the Premier of any State, if satisfied that it is desirable so to do in the interests of the defence of the Commonwealth or the more effectual prosecution of the war, may, by order published in the Government Gazette of the State, make provision for or in relation to the postponement for such period as is specified in the order of any election of any city, municipal, district or shire council or of any other local governing authority in the State.”.
* Notified in the Commonwealth Gazette on 14th April, 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, 820 and 323; and 1942, Nos. 16, 20, 21, 36, 40, 50, 57, 62, 63, 72, 78, 90, 111, 125, 132, 147, 150, 153, 154, 157 and 161.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
2401.—Price 3d.
Overview
The Statutory Rules 1942 No. 172, made under the National Security Act 1939–1940, was enacted to address the pressing need to streamline national security measures during wartime. This legislative instrument was introduced by the Federal Executive Council, acting with the advice of the Governor-General, and authorised by the Minister of State for Defence Co-ordination. The primary objective of this regulation was to enable the Premier of any state to postpone local government elections if deemed necessary for the defence of the Commonwealth or the effective prosecution of the war. This measure aimed to ensure that local government operations would not be disrupted at a time when national security was of utmost importance.
Scope and Application
This regulation, made under the National Security Act 1939–1940, pertains to the postponement of local government elections within the states of Australia. It applies to any Premier of a state who may decide, in the interests of the defence of the Commonwealth or the more effectual prosecution of war, to postpone elections for city, municipal, district or shire councils or other local governing authorities. The regulation extends to any law of a state and can be exercised by the Premier through an order published in the Government Gazette of the respective state. This legislative instrument thus provides the executive with the authority to temporarily suspend local electoral processes to facilitate national security efforts. The scope of this regulation is confined to the geographic and jurisdictional reach of the Commonwealth of Australia, specifically affecting state-level local government elections. There are no explicit exclusions, exemptions, or thresholds detailed in the regulation itself; however, the application and specific circumstances for exercising this power would be determined by the Premiers of individual states. The regulation does not explicitly mention the extension of its application through subordinate instruments, implying that its provisions are intended to be standalone and directly applicable as per the legislative text.
Key Provisions
The main operative section of this statutory rule, Regulation No. 51, permits the Premier of any State to postpone local government elections if they deem it desirable in the interests of the defence of the Commonwealth or for the more effectual prosecution of the war (s. 51). This postponement can be enacted by an order published in the Government Gazette of the State, specifying the period for which the election is postponed. This regulation is added to the existing National Security (Supplementary) Regulations, thereby amending them to include this new provision.
The obligations and requirements imposed by this Act are primarily on the Premier of the State. The Premier must satisfy themselves that postponing the local government elections is indeed necessary for the defence of the Commonwealth or for the more effectual prosecution of the war. Once this determination is made, the Premier must publish an order in the Government Gazette of the State, detailing the decision and the specific period for which the elections are postponed. This order is the formal mechanism by which the postponement is communicated to the public and the relevant local government authorities.
The statutory rule does not explicitly state any offences, penalties, or civil/criminal consequences for breach. However, the failure to comply with the provisions of this regulation could potentially be subject to judicial review or other legal remedies if the decision to postpone elections is found to be arbitrary or without proper justification. Given the context of the regulation, it is likely that any significant breach or misuse of this authority would be subject to significant scrutiny and possible legal consequences, though specific penalties are not outlined in the text.