National Security (Supplementary) Regulations (Amendment)

Overview

The Statutory Rules of 1944, No. 5, made under the National Security Act 1939-1943, addresses the need to provide financial support to the dependants of officers in the Commonwealth Public Service who have died during wartime and were unable to take their entitled recreation leave. Enacted by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, the regulation seeks to offer some measure of compensation to the dependants of deceased officers who were unable to utilise their leave due to circumstances directly attributable to the war. The policy objective is to support the families of public service officers who made the ultimate sacrifice during wartime by ensuring they receive a payment equivalent to the leave they could not take. This regulation ensures that the dependants receive financial assistance in lieu of the missed recreational leave, offering some relief during a difficult time.

Scope and Application

The Statutory Rules 1944 No. 5 under the National Security Act 1939-1943 amends the National Security (Supplementary) Regulations to provide financial support to the dependants of Commonwealth Public Service officers who died during the war without having been granted their eligible recreation leave. This regulation applies to officers of the Commonwealth Public Service who meet the eligibility criteria for recreation leave and who die under circumstances attributable to the war. The Board, which likely refers to a governing body or committee within the Commonwealth Public Service, has the authority to assess the eligibility of the deceased officer and subsequently authorise a payment to their dependants. The payment is calculated based on the amount of remuneration the officer would have received for the recreation leave, excluding any leave accruing in the calendar year of their death. The terms used in this regulation are defined according to the Commonwealth Public Service Act 1922-1943. This regulation extends the scope of the National Security (Supplementary) Regulations by addressing a specific financial support measure for dependants of deceased officers during wartime.

Key Provisions

The key provision of this statutory rule is found in the amendment to the National Security (Supplementary) Regulations, which introduces a new regulation concerning the payment in lieu of recreation leave to the dependants of deceased officers of the Commonwealth Public Service (reg. 1). According to this regulation, if an officer who was eligible for recreation leave dies and the Board is satisfied that the officer had not been granted the leave due to circumstances attributable to the war, the Board can authorise a payment to the officer's dependants. This payment would be equivalent to the amount of remuneration the officer would have received if they had been granted the leave immediately prior to their death, excluding any portion of the leave accruing in the calendar year of the officer's death (reg. 1(1)). The terms used in this regulation are defined in the Commonwealth Public Service Act 1922-1943 (reg. 1(2)). The Act imposes certain obligations and requirements on the Board. For instance, it is the responsibility of the Board to determine whether the officer had not been granted the leave due to circumstances attributable to the war. This assessment must be made before authorising the payment to the officer's dependants (reg. 1(1)). The Board must also ensure that the payment made is equivalent to the amount of remuneration the officer would have received if they had been granted the leave, excluding any portion of the leave accruing in the calendar year of the officer's death (reg. 1(1)). There are no explicit offences, penalties, or consequences for breach stated in the statutory rule. However, it is important to note that the Board's decision to authorise payment in lieu of recreation leave is subject to the conditions set out in the regulation. If the Board fails to adhere to these conditions, it may be held liable for any resulting legal consequences. Additionally, if the Board's decision to authorise payment is found to be in breach of any other relevant legislation or regulations, it may also be subject to penalties or consequences under that legislation or regulation. In summary, the statutory rule introduces a new regulation concerning the payment in lieu of recreation leave to the dependants of deceased officers of the Commonwealth Public Service. The Board is responsible for determining whether the officer had not been granted the leave due to circumstances attributable to the war and authorising the payment to the officer's dependants. While there are no explicit offences, penalties, or consequences for breach stated in the statutory rule, the Board's decision to authorise payment is subject to the conditions set out in the regulation and may be subject to legal consequences if found to be in breach of any other relevant legislation or regulations. It is important to note that the statutory rule is made under the National Security Act 1939-1943, which is a piece of legislation that was enacted during World War II to provide the Australian government with additional powers to deal with security threats. The National Security (Supplementary) Regulations, which are amended by this statutory rule, are also made under the National Security Act 1939-1943 and provide further details on the administration of the Act. As such, the statutory rule and the amended regulations should be read in conjunction with the National Security Act 1939-1943 and any other relevant legislation or regulations.