National Security (Supplementary) Regulations (Amendment)

Overview

The Statutory Rules 1942 No. 394, made under the National Security Act 1939-1940, represents a legislative effort by the Australian Government during the Second World War to reinforce national security measures. Enacted by the Governor-General in Council on 10 September 1942, this regulation specifically targets the amendment of the National Security (Supplementary) Regulations, focusing on the closing hours of shops. The regulation ensures that while it governs the operation of shops to support national security, any contravention of these regulations that would otherwise constitute an offence under state or territory laws can still be prosecuted under those respective laws, thus preventing offenders from being doubly punished for the same offence. This measure aims to maintain consistency and fairness in legal proceedings, aligning federal national security directives with state and territory laws.

Scope and Application

The Statutory Rules 1942 No. 394, made under the National Security Act 1939-1940, specifically amends the National Security (Supplementary) Regulations to include an additional sub-regulation concerning the closing hours of shops. This regulation applies to all shops within the Commonwealth of Australia and aims to ensure compliance with wartime restrictions on trading hours. The amendment clarifies that any contravention of this regulation, which would otherwise be an offence under state or territory law, does not preclude prosecution under those laws. However, it explicitly states that the offender cannot be punished twice for the same offence, thus providing a safeguard against double jeopardy. This regulatory instrument extends the reach of the National Security Act to encompass wartime trading restrictions, illustrating the broad scope of legislative power exercised by the Commonwealth during periods of national security concerns.

Key Provisions

The main operative section of this legislation is the amendment to Regulation 21 of the National Security (Supplementary) Regulations (section 2(1)). This amendment introduces a new sub-regulation (8) that provides that where an act or omission constitutes a contravention of the regulation and would otherwise constitute an offence under the law of a State or Territory, the offender can still be prosecuted and punished under the law of the State or Territory. However, the offender cannot be liable to be punished twice for the same offence. This means that if a person contravenes the closing hours of shops regulation, they can be prosecuted under the National Security (Supplementary) Regulations and also under the law of the State or Territory where the contravention occurred, but they cannot be punished twice for the same offence. The legislation imposes obligations on the parties or entities it governs. Firstly, it imposes an obligation on shop owners and operators to comply with the closing hours of shops regulation. Secondly, it imposes an obligation on the authorities to prosecute offenders under the law of the State or Territory where the contravention occurred. Thirdly, it imposes an obligation on the courts to ensure that offenders are not punished twice for the same offence. There are no specific offences, penalties, or civil/criminal consequences for breach of the regulation. However, if a person contravenes the closing hours of shops regulation, they can be prosecuted under the law of the State or Territory where the contravention occurred. The penalties for contravention of the regulation will depend on the law of the State or Territory where the contravention occurred. The maximum penalty for contravention of the regulation under the law of the State or Territory will depend on the specific provisions of that law. It is important to note that the offender cannot be punished twice for the same offence, as provided for in sub-regulation (8).