National Security (Supplementary) Regulations (Amendment)

Overview

The Statutory Rules 1942 No. 185, made under the National Security Act 1939-1940, introduces further restrictions on building activities across specific parts of Australia, as declared by the Minister through a Gazette notice. This legislative instrument was enacted by the Governor-General in Council, in response to the urgent national security concerns during World War II. The primary objective of this regulation is to control the erection, alteration, or addition to buildings in designated areas, ensuring that such activities do not compromise national security. The Minister of State for War Organization of Industry has the authority to grant consent for these activities, either unconditionally or subject to conditions deemed necessary, thereby maintaining oversight and control over construction in sensitive regions.

Scope and Application

The regulation made under the National Security Act 1939-1940 aims to impose further restrictions on building activities within certain parts of Australia as declared by the Minister of State for War Organisation of Industry. This regulation applies to any individual or entity seeking to commence or continue the erection, alteration, or addition to any building in the specified regions, unless they obtain written consent from the Minister. This consent can be granted by the Minister at their absolute discretion, either unconditionally or with specific conditions that the applicant must comply with. Notably, the regulation does not apply to buildings where the costs are funded by the Commonwealth War Workers Housing Trust, the South Australian Housing Trust, buildings constructed for air raid precautions, or any class of buildings specifically exempted by the Minister through a Gazette notice. The regulation thereby extends its reach to control building activities in certain areas of Australia, focusing on maintaining security and strategic control over construction during a period of national concern.

Key Provisions

The Regulations under the National Security Act 1939-1940, particularly in relation to regulation 31a, introduce stringent controls over building activities in specified areas of Australia. According to regulation 31a(1), these restrictions apply to any regions that the Minister, through a published order in the Gazette, designates as areas subject to these provisions. Regulation 31a(2) states that from a date specified in the Minister's order, a person is prohibited from starting the construction, alteration, or addition to any building without the Minister's written consent. Furthermore, regulation 31a(3) stipulates that if construction, alteration, or addition to a building was initiated before the order's effective date, it must cease seven days after the order takes effect unless the Minister grants consent in writing. The obligations imposed by these Regulations are clear and require adherence to the Minister's directives. Regulation 31a(4) grants the Minister absolute discretion in granting consent, either unconditionally or with specified conditions, and the power to refuse consent altogether. If consent is granted with conditions, regulation 31a(5) mandates that the person must comply with all applicable conditions. The exemptions outlined in regulation 31a(6) include buildings funded by the Commonwealth War Workers Housing Trust or the South Australian Housing Trust, those constructed for air raid precautions, and any other classes of buildings specifically exempted by the Minister through a Gazette order. Failure to comply with these Regulations can lead to significant consequences. While the specific offences, penalties, or civil and criminal consequences are not detailed in the text, it is implied that non-compliance with the Minister's orders and conditions could result in legal repercussions. Given the context of national security and the stringent nature of the Regulations, breaches could potentially lead to criminal charges, fines, or other penalties as prescribed under the National Security Act 1939-1940 or related legislation.