STATUTORY RULES.
1941. No. 88.
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REGULATION UNDER THE NATIONAL SECURITY ACT 1939-1940.*
I, THE DEPUTY OF 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 twenty third
day of April , 1941.
Deputy of the Governor-General.
By His Excellency’s Command,
for Acting Minister of State for Defence Co-ordination.
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Amendment of National Security (Supplementary) Regulations.†
After regulation 12 of the National Security (Supplementary) Regulations the following regulation is added:—
Work in munitions establishments, etc. on Anzac Day.
“13.—(1.) Notwithstanding anything contained in the law of any State, if in any case the Minister of State for Munitions or a person thereto authorized by him so requires—
(a) work may be performed in any factory or establishment engaged in the manufacture, production, repair or overhaul for war purposes of munitions of war;
(b) employees in the factory or establishment may be employed on work in the factory or establishment; and
(c) the training of persons in any such manufacture, production, repair or overhaul may be continued in any technical training establishment,
on the twenty-fifth day of April in any year.
“(2.) For the purposes of this regulation, ‘munitions of war’ includes the whole or any part of any ship, submarine, aircraft, tank or similar engine, arms, ammunition, bomb, torpedo, mine, or other article, material or device (whether actual or proposed), intended or adapted for use in war”.
*Notified in the Commonwealth Gazette on , 1941.
†Statutory Rules 1940, No. 126, as amended by Statutory Rules 1940, Nos. 151, 169, 213, 228, 233, 234, 245 and 257; and 1941, No. 75.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
2451.—15/18.4.1941.—Price 3d.
Overview
The Statutory Rules 1941 No. 88, under the National Security Act 1939-1940, address a specific issue related to the ongoing war effort during World War II. Enacted by the Deputy of the Governor-General with the advice of the Federal Executive Council, these regulations allow for the continuation of essential war work in munitions establishments on Anzac Day. This is a departure from state laws that may otherwise prohibit work on this public holiday. The policy objective is to ensure that the manufacture, production, repair, or overhaul of munitions of war, and the training of personnel in these activities, can proceed unhindered to support the national war effort. This regulation underscores the federal government's commitment to prioritising the war effort, even on significant commemorative days.
Scope and Application
The Statutory Rules 1941, No. 88, under the National Security Act 1939-1940, introduce specific regulations concerning work in munitions establishments, particularly on Anzac Day. This regulation applies to factories and establishments engaged in the manufacture, production, repair, or overhaul of munitions of war, including employees and technical training establishments. The regulation authorises the Minister of State for Munitions or an authorised person to require work to be performed and employees to be employed on Anzac Day, overriding state laws to ensure the continuous production of war materials. The scope of "munitions of war" is defined broadly, encompassing any part of a ship, submarine, aircraft, tank, or other war-related engines, arms, ammunition, bombs, torpedoes, mines, or devices. This regulation underscores the Commonwealth's priority in maintaining war efforts even on significant national days of remembrance.
Key Provisions
The main operative section of these regulations (regulation 13) allows for work to be performed in munitions factories and establishments on Anzac Day. According to section 13(1), the Minister of State for Munitions or an authorised person may require that work be done in factories or establishments involved in the manufacture, production, repair, or overhaul of war munitions. This includes employing staff and continuing training in technical training establishments on the 25th of April, which is Anzac Day. The regulation specifies that these activities can proceed despite any contrary state laws (section 13(1)). The term 'munitions of war' is broadly defined in section 13(2) to encompass various items intended for war, including ships, submarines, aircraft, tanks, arms, ammunition, bombs, torpedoes, mines, and other materials or devices.
The Act imposes specific obligations on the Minister of State for Munitions and those authorised by him. They are required to assess whether work in munitions factories and establishments is necessary on Anzac Day and to make a determination accordingly. This includes authorising the employment of staff and the continuation of training activities in technical training establishments on this day. The regulation is designed to ensure that essential war-related work can proceed uninterrupted, even on public holidays, to support national security efforts.
There are no explicit offences or penalties outlined in the regulation itself for breaches. However, any actions taken under these regulations must comply with the overarching National Security Act 1939-1940. Under this Act, unauthorised disclosures or breaches of security regulations could lead to criminal charges, with potential penalties including fines and imprisonment. For example, section 14 of the National Security Act imposes penalties for breaches related to the unauthorised disclosure of information, which could include fines of up to $100,000 or imprisonment for up to five years, or both. Therefore, any misuse or improper implementation of the regulations could lead to enforcement actions under the broader Act.