National Security (Supplementary) Regulations (Amendment)

Overview

The Statutory Rules 1942 No. 396, enacted by the Governor-General in Council under the National Security Act 1939-1940, was introduced to address the issue of unoccupied premises owned by or held for enemy aliens that were falling into disrepair or were likely to do so. This legislation amends the National Security (Supplementary) Regulations to provide the Minister for the Army with the authority to authorise the use and occupation of such premises by any person or body under suitable terms and conditions. This was a measure taken in response to the disruptions caused by World War II and aimed to ensure that potentially valuable properties were not left to deteriorate. The policy objective was to safeguard national security by controlling the use of properties that could be exploited by enemies or pose a risk due to their condition.

Scope and Application

The Statutory Rules of 1942, No. 396, amends the National Security (Supplementary) Regulations under the National Security Act 1939-1940. This regulation specifically addresses the use and occupation of unoccupied premises held by enemy aliens that are falling into disrepair or are likely to do so. The Minister for the Army has the authority to permit any person or entity to use and occupy these premises under such terms and conditions as they deem appropriate. The financial proceeds from such use and occupation can be directed by the Minister to the owner of the premises, a person holding the premises in trust, their dependants, or into the Consolidated Revenue Fund, at the Minister's discretion. The term 'enemy alien' in this context is defined as per the National Security (Aliens Control) Regulations. The regulation extends to the Commonwealth jurisdiction, impacting any premises within Australia that are owned by or held in trust for enemy aliens. The amendment does not specify any exclusions or exemptions, but rather provides a clear framework for the Minister's discretion in handling such properties.

Key Provisions

The key provision of this Statutory Rule (No. 396) is the amendment to the National Security (Supplementary) Regulations (section 70). This regulation allows the Minister for the Army to authorise the use and occupation of any unoccupied premises owned by, or held in trust for, an enemy alien if the premises are falling into or are likely to fall into disrepair (subsection 70(1)). The authorisation can be granted to any person or body on terms and conditions deemed appropriate by the Minister (subsection 70(1)). Furthermore, any moneys received by the Minister for the use and occupation of such premises are to be paid at the Minister's discretion to the owner of the premises or any person holding the premises in trust, or to their dependants, or into the Consolidated Revenue Fund (subsection 70(2)). The definition of 'enemy alien' is consistent with the definition provided in the National Security (Aliens Control) Regulations (subsection 70(3)). Under the amended regulation, the Minister for the Army is responsible for determining whether premises owned by, or held in trust for, an enemy alien are unoccupied and in a state of disrepair or likely to become so. If such premises are identified, the Minister has the authority to authorise their use and occupation by a third party. This authorisation must be made on terms and conditions the Minister deems fit. Additionally, the Minister must decide the appropriate recipient of any monies generated from the use and occupation of the premises, which can include the owner, a person holding the premises in trust, the owner's dependants, or the Consolidated Revenue Fund. The Statutory Rule imposes several obligations and requirements on the Minister for the Army. Firstly, the Minister must assess whether any unoccupied premises owned by, or held in trust for, an enemy alien are in a state of disrepair or likely to fall into disrepair. Secondly, if such premises are identified, the Minister must authorise their use and occupation by a third party, setting appropriate terms and conditions. Thirdly, the Minister must determine the appropriate recipient for any monies generated from the use and occupation of these premises, which can include the owner, a person holding the premises in trust, the owner's dependants, or the Consolidated Revenue Fund. These obligations are aimed at ensuring the effective management and utilisation of enemy alien properties while maintaining national security interests. The Statutory Rule does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach. However, the nature of the regulation implies that any unauthorised use or occupation of the premises, or misuse of the funds generated from such use and occupation, could potentially lead to legal repercussions. The lack of explicit penalties in the Statutory Rule suggests that any breaches would be addressed under the broader legal framework, including potential criminal charges for unauthorised use or occupation, and civil penalties for misuse of funds. The consequences would be determined based on the severity and circumstances of the breach, in line with general legal principles and existing legislation.