National Security (Supplementary) Regulations (Amendment)

Overview

Statutory Rules 1943, No. 299, made under the National Security Act 1939-1943, addresses the regulation of electoral matter during a period of national security concern. Enacted by the Governor-General in accordance with advice from the Federal Executive Council, this legislative instrument aims to control the display and depiction of electoral material, which could potentially influence the outcomes of elections or referendums at both Commonwealth and state levels. The overarching policy objective of this regulation is to maintain order and stability by preventing the dissemination of potentially divisive or misleading electoral content that might exploit the heightened sensitivities of the wartime context.

Scope and Application

The Statutory Rules 1943, No. 299, made under the National Security Act 1939-1943, addresses the display and depiction of electoral matter during a period of national security concern. The regulation applies to any person who posts up, exhibits, writes, draws, or depicts electoral matter on various surfaces or locations, including buildings, vehicles, vessels, hoardings, roadways, and footpaths. This applies to both public and private places, whether on land, water, or in the air, and encompasses any electoral matter intended to affect the outcome of any election or referendum held under Commonwealth or state and territory law. The regulation specifies a prescribed size limit for posters, voids any existing contracts for the posting of electoral matter exceeding this size, and explicitly allows the projection of electoral matter in theatres and halls. The scope of this regulation is national, applying across the Commonwealth of Australia, with no stated exclusions or exemptions, and its enforcement extends to any conduct or transaction that falls within the defined parameters.

Key Provisions

The main provisions of the regulation (Regulation 107) prohibit individuals from posting or exhibiting any electoral matter on posters that exceed a prescribed size (10 inches in length and 6 inches in width) in any public or private space, including on buildings, vehicles, vessels, hoardings, or places (Regulation 107(1)-(2)). The regulation also prohibits the writing, drawing, or depiction of electoral matter directly on any roadway, footpath, building, vehicle, vessel, hoarding, or place (Regulation 107(5)). However, it does not prohibit the projection of electoral matter via cinematograph or similar apparatus in theatres, halls, or public entertainment premises (Regulation 107(3)). Any contracts or agreements for the posting of such posters entered into before the regulation's effective date are declared void (Regulation 107(4)). Under this regulation, the primary obligation for individuals and entities is to ensure that any electoral matter displayed does not exceed the prescribed size or is not depicted directly on the specified surfaces. This includes taking proactive steps to remove or alter any posters or depictions that violate these restrictions. Additionally, any existing contracts for such activities are rendered null and void, requiring parties to seek new agreements that comply with the regulation. Failure to comply with the regulation can result in enforcement actions. While the regulation itself does not explicitly detail penalties, the underlying National Security Act 1939-1943 provides a framework for penalties that could be applied. Typically, breaches of regulations under the National Security Act can result in fines or imprisonment, with the specific penalties depending on the severity of the breach and any relevant statutory maximums. It is advisable to refer to the broader provisions of the Act to determine the exact penalties applicable to this specific regulation.