STATUTORY RULES.
1943. No. 63.
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 nineteenth day of March, 1943.
GOWRIE
Governor-General.
By His Excellency’s Command,
H. V. EVATT
for and on behalf of the Minister of State for Defence.
Amendment of the National Security (Supplementary) Regulations.†
Power of State Premiers to control sale of liquor.
Regulation 45 of the National Security (‘Supplementary) Regulations is amended by inserting, after sub-regulation (1.), the following sub-regulation:—
“(1a.) The power conferred by sub-regulation (1.) of this regulation shall extend to authorize the Premier of the State, in and by any such order, to require the holder of a licence for the sale of intoxicating liquor under the law of the State to open and keep open to the public during such hours as are specified in the order (being hours during which the premises may lawfully be open to the public for the sale of intoxicating liquor) every bar on the premises in respect of which that licence is held.”.
* Notified in the Commonwealth Gazette on 19th March, 1943.
† Statutory Rules 1940. No. 126, as amended to date. For previous National Security (Supplementary) Regulations see footnote † to Statutory Rules 1943, No. 48.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules of 1943 No. 63, made under the National Security Act 1939-1940, was introduced to address the need for tighter control over the sale of liquor during wartime. Enacted by the Governor-General in the Commonwealth of Australia, acting with the advice of the Federal Executive Council, this regulation aimed to provide State Premiers with the authority to mandate the operation hours of licensed liquor premises, ensuring public availability during specified times when the premises were legally permitted to operate. The policy objective behind this regulation was to maintain order and public access to essential services during a period of national security concern.
Scope and Application
This legislative instrument, Statutory Rules 1943, No. 63, made under the National Security Act 1939-1940, amends the National Security (Supplementary) Regulations to extend the power of State Premiers to control the sale of liquor during the wartime period. The amendment specifically applies to the regulation of liquor sales in the states by allowing the Premier of each state to issue orders that require licensed premises to keep bars open during specified hours. This provision applies to entities that hold a licence for the sale of intoxicating liquor under state law. The geographic reach of this legislation is nationwide, impacting all states within the Commonwealth of Australia. The regulation is focused on ensuring compliance with national security directives during the wartime context, thereby overriding ordinary state liquor licensing laws. Subordinate instruments or further regulations may be used to provide additional detail or clarification on the implementation and enforcement of these provisions.
Key Provisions
The primary operative sections of this statutory rule concern the amendment of the National Security (Supplementary) Regulations. Specifically, Regulation 45 is altered to include a new sub-regulation (1a), which expands the authority of State Premiers to control the sale of liquor. Sub-regulation (1a) allows Premiers to mandate that liquor licence holders must open and keep open bars on their premises during specified hours. This amendment is designed to enhance the control over the sale of intoxicating liquors during a period of national security concern.
The Act imposes several obligations on the parties it governs. State Premiers are now empowered to issue orders that dictate the opening hours for bars on premises licensed to sell liquor. This means they can specify the exact hours during which these bars must be accessible to the public, ensuring compliance with state liquor laws. Liquor licence holders, in turn, must adhere to these orders, ensuring that their bars operate within the prescribed hours.
There are potential consequences for breaches of this regulation. While the statutory rule does not explicitly outline penalties for non-compliance, breaches of similar regulations under the National Security Act 1939-1940 could lead to enforcement actions. This might include fines, the suspension or revocation of liquor licenses, or other administrative actions deemed necessary by the relevant authorities. The exact penalties would depend on the specific circumstances and the laws of the respective state, but they could be substantial given the context of national security measures.