National Security (Supplementary) Regulations (Amendment)

Overview

Statutory Rules 1942 No. 391 is a legislative instrument made under the National Security Act 1939-1940, enacted by the Governor-General in Council to address urgent national security needs during World War II. This regulation, which amends the National Security (Supplementary) Regulations, empowers the Minister of State for the Interior to direct the order of priority for lodgings in the Australian Capital Territory. The objective is to ensure that individuals critical to public safety, national defence, the war effort, or the maintenance of essential community services are prioritised in boarding houses. This was a response to the heightened demands on housing and services due to the war, aiming to maintain operational efficiency and community stability. The regulation specifies that the Minister may issue written orders to boarding house proprietors, which can apply to a broad range of persons or specific categories, including those in particular areas or classes. This measure underscores the government's commitment to managing resources effectively in the interest of national security and the efficient prosecution of the war, reflecting the policy objective of maintaining essential services and safeguarding the community during a time of national crisis.

Scope and Application

This Statutory Rule, made under the National Security Act 1939-1940, specifically amends the National Security (Supplementary) Regulations to introduce a new regulation concerning the lodging of individuals in the Australian Capital Territory. The regulation empowers the Minister of State for the Interior to issue written orders dictating the priority to be given to individuals or groups requiring accommodation in boarding houses within the Australian Capital Territory, if such action is deemed necessary for public safety, defence of the Commonwealth, efficient prosecution of the war, or to maintain essential supplies and services. The authority to issue such orders extends to applying to persons generally, to those within a particular area, to specific classes of individuals, or even to a single individual. The regulation clarifies that a "boarding house" includes any establishment where three or more people, excluding the owner's family, are lodged for hire or reward, and the "proprietor of a boarding house" refers to the owner, lessee, occupier, or person in control of the premises.

Key Provisions

The key operative sections of this Statutory Rule (C1942L00391) pertain to the amendment of the National Security (Supplementary) Regulations, specifically adding a new regulation regarding priority in lodging for certain persons in the Australian Capital Territory (section 69). The regulation allows the Minister of State for the Interior to direct the order of priority for persons or classes of persons requiring lodging in boarding houses within the Australian Capital Territory. This can be done if it appears necessary or expedient in the interests of public safety, defence of the Commonwealth, or the efficient prosecution of the war or for maintaining supplies and services essential to the life of the community. Such orders may apply to persons generally, to all or any persons in a particular area, to all persons included in a particular class, or to any particular person. This Act imposes obligations on the proprietors of boarding houses, meaning the owner, lessee, occupier, or person having the control or management of a boarding house, to accord priority to persons or classes of persons as directed by the Minister of State for the Interior. The Act also defines what constitutes a boarding house, which includes any house, lodging house, hotel, hostel, residential flat, or any other premises where three or more persons, exclusive of the family of the proprietor, are lodged for hire or reward. There are no explicit references to offences, penalties, or civil/criminal consequences for breach within the text of this Statutory Rule. However, it can be inferred that failure to comply with the Minister’s orders could potentially lead to enforcement actions under the broader framework of the National Security Act 1939-1940. The National Security Act itself provides for penalties, including imprisonment, for breaches of regulations made under it. Therefore, while this specific Statutory Rule does not detail penalties, non-compliance could result in legal consequences under the overarching legislation.