STATUTORY RULES.
1943. No. 283.
REGULATION UNDER THE NATIONAL SECURITY ACT 1939-1943.*
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 1939-1943.
Dated this twenty fifth day of November, 1943.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
for and on behalf of the Minister of State for Defence.
Amendment of the National Security (Supplementary) Regulations.†
Petrol for Commonwealth purposes.
Regulation 17 of the National Security (Supplementary) Regulations is amended—
(a) by inserting in sub-regulations (1), (2) and (3), after the words “nickel compound” (wherever occurring), the words “or aniline”; and
(b) by inserting in sub-regulation (3), after the word “Commonwealth” (first occurring), the words “or for receiving any such spirit knowing it to have been stolen or unlawfully obtained or for having in his possession any such spirit suspected of having been stolen or unlawfully obtained”.
*Notified in the Commonwealth Gazette on , 1943.
†Statutory Rules 1940, No. 126, as amended to date. For previous National Security (Supplementary) Regulations see footnote † Statutory Rules 1943, No. 169, and see also Statutory Rules 1943, Nos. 172, 173, 180, 182 and 188.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
4920.—Price 3d. 25/11.8.1943.
Overview
The Statutory Rules of 1943, No. 283, represents a regulation under the National Security Act 1939-1943, enacted by the Governor-General in Council to address immediate national security concerns during a period of conflict. The regulation was introduced to amend the National Security (Supplementary) Regulations, specifically concerning the control and regulation of petrol and aniline, crucial materials for both civilian and military purposes during wartime. The policy objective is to ensure the availability of essential resources for Commonwealth purposes while preventing their misuse through theft or unlawful acquisition. This legislative instrument was issued by the Commonwealth Government and serves to enhance the enforcement mechanisms under the National Security Act to safeguard critical resources during a time of national emergency.
Scope and Application
The Statutory Rules 1943, No. 283, under the National Security Act 1939-1943, pertain to the regulation and control of substances deemed critical to national security, specifically amending the National Security (Supplementary) Regulations. This regulation applies to individuals, entities, and transactions involving certain chemicals such as aniline and petrol, which are vital for national security purposes. The regulation imposes restrictions on the possession, use, and transfer of these substances, ensuring they are not diverted for unlawful activities or stolen. The jurisdictional reach of these regulations is national, applying across the Commonwealth of Australia, thereby enforcing a uniform standard of control and oversight. This regulation underscores the importance of safeguarding strategic resources during times of national concern and extends its application through subordinate instruments, thereby ensuring compliance and enforcement across various sectors and entities involved in the handling of these substances.
Key Provisions
The main operative sections of the regulation amend Regulation 17 of the National Security (Supplementary) Regulations, which pertain to petrol for Commonwealth purposes. Sub-regulations (1), (2), and (3) are updated to include the term “aniline” in addition to “nickel compound”. Sub-regulation (3) is also revised to specify that it applies not only to the sale of petrol but also to receiving petrol if it is known to have been stolen or unlawfully obtained, or possessing petrol suspected of being stolen or unlawfully obtained. These changes are intended to enhance control over the distribution and possession of specific substances for the Commonwealth’s benefit during a period of national security concern.
The obligations imposed by these regulations are primarily on suppliers and handlers of petrol and aniline. They must ensure that these substances are not sold, received, or possessed under circumstances that suggest they have been stolen or unlawfully obtained. This includes having proper documentation and verification processes in place to ascertain the lawful origin of these substances before any transaction occurs. The regulation also requires entities to report any suspicious activities related to these substances to the relevant authorities, thereby contributing to national security efforts.
Failure to comply with these regulations can lead to serious consequences. Those found in breach may face civil or criminal penalties, depending on the nature and severity of the violation. The maximum penalties are not explicitly stated in the text provided, but they are typically outlined in the primary Act or associated legislation. Civil penalties may include fines, while criminal penalties could result in imprisonment, reflecting the seriousness with which the regulation treats non-compliance. It is essential for all parties involved to adhere strictly to these requirements to avoid legal repercussions.