National Security (Supplementary) Regulations (Amendment)

Overview

The Statutory Rules 1942 No. 219, issued under the National Security Act 1939-1940, were enacted to address the need for measures to be taken during times of national security concerns, particularly in the context of World War II. The regulation, made by the Governor-General in Council, postpones certain actions under the Apple and Pear Organization Act 1938. This was done to ensure that the national focus and resources could be directed towards more pressing matters at the time. The objective of this legislative instrument is to support the broader national security agenda by temporarily altering the operations of specific agricultural regulatory activities. The regulation was issued by the Governor-General on behalf of the Minister of State for Defence, reflecting the gravity and urgency of the wartime context.

Scope and Application

The Statutory Rules of 1942, No. 219, made under the National Security Act 1939-1940, amends the National Security (Supplementary) Regulations by adding a new regulation concerning the Apple and Pear Organization Act 1938. This regulation temporarily suspends the provisions for the election of members to the Australian Apple and Pear Board and the requirement to report to the Minister until a date specified by the Minister of State for Commerce. The application of this amendment extends to all states within Australia, affecting the conduct of elections and reporting obligations of the Australian Apple and Pear Board. This amendment does not exclude any specific persons, entities, or industries but rather broadly impacts the apple and pear industry across all states. The amendment remains in effect until the Minister for Commerce determines a specific date for resumption of these activities, thereby extending its reach through subordinate instruments.

Key Provisions

The main operative sections of this regulation (section 57) pertain to the postponement of specific actions under the Apple and Pear Organization Act 1938. This includes the prohibition of taking a poll of growers in any State for the election of members of the Australian Apple and Pear Board (section 4 of the Apple and Pear Organization Act 1938) and the exemption from making the report referred to in section 25 of that Act to the Minister. The regulation is in effect until a date specified by the Minister of State for Commerce through a notice in the Gazette. The obligations imposed by this regulation include ensuring that no poll of growers is taken for the election of Australian Apple and Pear Board members in any State, and that the report to the Minister, as required by section 25 of the Apple and Pear Organization Act 1938, is not made. These actions are to be postponed until the Minister of State for Commerce determines otherwise through a notice published in the Gazette. The regulation does not explicitly detail any offences, penalties, or civil/criminal consequences for breaches. However, the overarching framework of the National Security Act 1939-1940 under which this regulation is made may impose sanctions for non-compliance. Such sanctions could include fines or other penalties, as per the provisions of the principal Act. The specific penalties would depend on the nature and severity of the breach, as well as any additional regulations or guidelines issued under the Act.