STATUTORY RULES.
1942. No. 524.
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 ninth day of December, 1942.
GOWRIE
Governor-General.
By His Excellency’s Command,
W. P. ASHLEY
for and on behalf of the Minister of State for Defence.
Amendment of the National Security (Supplementary)
Regulations.†
Certain telegrams prohibited.
Regulation 74‡ of the National Security (Supplementary) Regulations is amended by adding at the end thereof the following sub-regulations:—
“(2.) Subject to the next succeeding sub-regulation, any person employed under the authority of the Postmaster-General may, during the period commencing on the nineteenth day of December, 1942, and ending on the first day of January, 1943, refuse to accept for transmission as a telegram any message the text of which contains or includes a Christmas or New Year greeting or felicitation.
* Notified in the Commonwealth Gazette on 9th December, 1942.
† Statutory Rules 1939, No. 87, as amended to date. For previous National Security (Supplementary) Regulations see footnote † to Statutory Rules 1942, No. 513.
‡ See Statutory Rules 1942, No. 420.
“(3.) The last preceding sub-regulation shall not apply—
(a) to a telegram addressed to or lodged by a member of the Forces or a representative of an organization (as defined by the Post and Telegraph Rates (Defence Forces) Act 1939-1940); or
(b) to a press telegram or a broadcasting telegram or an international telegram within the meaning of the Telegraph Regulations.
“(4.) In this regulation the term ‘telegram’ has the same meaning as in the Post and Telegraph Act 1901-1934.”.
Overview
The Statutory Rules 1942 No. 524, made under the National Security Act 1939-1940, was enacted to address the need for heightened national security measures during a period of crisis. This legislative instrument was introduced by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, to ensure that sensitive communications were not compromised during the festive season. The regulation specifically aimed to prohibit the transmission of certain telegrams containing Christmas or New Year greetings or felicitations during a specified period. This measure was considered necessary to prevent potential security risks by limiting the dissemination of information that could be exploited during a time of heightened vulnerability.
Scope and Application
This legislative instrument amends the National Security (Supplementary) Regulations under the National Security Act 1939-1940, restricting the transmission of certain telegrams during a specific period. The regulation applies to any person employed under the authority of the Postmaster-General and pertains to the prohibition of telegrams containing Christmas or New Year greetings or felicitations. The restriction is in effect from 19 December 1942, to 1 January 1943. Exemptions to this restriction include telegrams addressed to or lodged by members of the forces or representatives of organisations as defined by the Post and Telegraph Rates (Defence Forces) Act 1939-1940, as well as press telegrams, broadcasting telegrams, and international telegrams under the Telegraph Regulations. The term 'telegram' is defined in accordance with the Post and Telegraph Act 1901-1934. This regulation operates within the jurisdictional scope of the Commonwealth of Australia, reflecting a specific wartime measure aimed at curtailing certain communications during the holiday season.
Key Provisions
The main operative sections of this regulation (sections 74(2) to 74(4)) amend the National Security (Supplementary) Regulations by adding provisions that restrict the transmission of certain telegrams. Specifically, Regulation 74(2) prohibits any person employed under the authority of the Postmaster-General from accepting for transmission any telegram containing a Christmas or New Year greeting or felicitation during the specified period from 19 December 1942 to 1 January 1943. However, Regulation 74(3) exempts certain telegrams from this prohibition, including those addressed to or lodged by members of the armed forces or representatives of an organization, as well as press, broadcasting, and international telegrams. Regulation 74(4) clarifies that the term 'telegram' is defined as it is in the Post and Telegraph Act 1901-1934.
These regulations impose specific obligations on individuals employed under the authority of the Postmaster-General during the specified period. They are required to refuse to accept for transmission any telegram that contains a Christmas or New Year greeting or felicitation. This obligation extends to all telegrams within the jurisdiction of the Postmaster-General, unless the telegram falls under one of the exemptions outlined in Regulation 74(3). These exemptions include telegrams addressed to or lodged by members of the armed forces or representatives of an organization, as well as press, broadcasting, and international telegrams.
Breach of these regulations could result in civil or criminal consequences. While the specific penalties are not outlined in the statutory rules, under the National Security Act 1939-1940, penalties for contravening the regulations could include fines and imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any relevant case law or precedents. However, the potential for both civil and criminal liability underscores the importance of adhering to these regulations.