National Security (Supplementary) Regulations (Amendment)

Overview

Statutory Rules 1941 No. 320, made under the National Security Act 1939-1940, was enacted to address the need for national coordination and control during times of national emergency, particularly in relation to sporting events which could potentially be exploited for purposes contrary to national security. This legislative instrument grants the Premier of each State, and the Minister of State for the Interior in relation to any Territory, the authority to prohibit or regulate sporting events such as horse and dog racing, and athletic competitions. This power extends to specifying the geographic areas, days, and types of participants affected by such regulations. The overarching policy objective is to ensure that during national emergencies, sporting events do not pose a risk to national security and are aligned with broader government directives aimed at maintaining public order and safety.

Scope and Application

The Statutory Rules 1941, No. 320, under the National Security Act 1939-1940, amends the National Security (Supplementary) Regulations to extend the control and regulation of sporting fixtures within the Commonwealth of Australia. This regulation empowers the Premier of any State to prohibit, restrict, or control the holding of horse or dog racing events, athletic games, or sports competitions by issuing an order in the Government Gazette. Such orders can apply generally throughout the State, be location-specific, or target specific individuals or entities, and can operate on certain days or parts of days as specified in the order. The regulation also grants the Minister of State for the Interior equivalent powers in relation to any Territory forming part of the Commonwealth, allowing them to exercise similar controls. Furthermore, the regulation explicitly states that any person found in violation of such an order by participating in or holding unauthorised events is subject to penalties. This amendment underscores the broad jurisdictional reach of the regulation, applying both to state and territory levels within Australia, thereby ensuring uniformity in the control of sporting fixtures during times of national security concerns.

Key Provisions

The key provisions of this Statutory Rule (C1941L00320) under the National Security Act 1939-1940 pertain primarily to the control and regulation of sporting fixtures. Section 26(1) grants the Premier of any State the authority to prohibit or restrict, control or regulate any race meetings for horses or dogs, or any competitions connected with athletic games or sports through an order published in the Government Gazette. This authority extends to the entire State or any specified part of it, and may target specific persons or places (Section 26(2)). The regulation of these events can be absolute or subject to specific conditions (Section 26(3)). The obligations imposed by these provisions require that no person shall hold, organise, or permit the holding of any meeting or competition in violation of an order issued under Section 26, nor knowingly participate in or attend such meetings or competitions (Section 26(4)). Furthermore, the owner, lessee, occupier, or person in control of any racecourse, recreation ground, or other venue must not allow any meeting or competition to be held in violation of or contrary to the order (Section 26(5)). These obligations are mirrored for the Minister of State for the Interior in relation to any Territory forming part of the Commonwealth (Section 26(6)). Should these obligations be breached, the consequences can be both civil and criminal. While the Statutory Rule does not explicitly enumerate the penalties for breaches, the National Security Act 1939-1940 generally provides for severe penalties for breaches of its regulations. These may include fines and imprisonment, the exact penalties depending on the specific breach and the jurisdiction in which it occurs. The overarching intent of these provisions is to ensure that the control and regulation of sporting fixtures align with national security imperatives, even if it necessitates overriding state laws or individual rights.