National Security (Supplementary) Regulations (Amendment)

Legislation au C1942L00404 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1942. No. 404.

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REGULATION UNDER THE NATIONAL SECURITY ACT 1939-1940.*

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 1939-1940.

Dated this twenty-second day of September, 1942.

GOWRIE

Governor-General.

By His Excellency’s Command,

H. V. EVATT

for and on behalf of the Minister of State for Defence.

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Amendment of national Security (Supplementary) Regulations. †

The National Security (Supplementary) Regulations are amended by adding at the end thereof the following regulation:—

Premiers of States may be authorized to take measures to conserve coal.

“71.—(1.) Where it appears to the Prime Minister that, by reason of a shortage of coal in any State, it is essential for the efficient prosecution of the war to vest in the Premier of that State the powers specified in this regulation, he may, by notice published in the Gazette, declare that this regulation shall apply to that State, and thereupon this regulation shall apply to that State accordingly.

“(2.) The Premier of any State to which this regulation applies may, by order, make such provisions as, in his opinion, will conduce towards conserving coal supplies in the State.

* Notified in the Commonwealth Gazette on 22nd September, 1942.

† Statutory Rules 1940, No. 126, as amended to date. For previous National Security (Supplementary) Regulations, see footnote † to Statutory Rules 1942, No. 265, and see also Statutory Rules 1942, Nos. 269, 271, 278, 280, 282, 295, 353, 361, 370, 376, 378, 391, 392, 384 and 396.

6922.—Price 3d.

“(3.) Without limiting the generality of the last preceding sub-regulation, any such order may provide for—

(a) the rationing of coal supplies, and the control and regulation of the distribution and use of coal;

(b) the redistribution of coal under the control of any person or persons;

(d) the limitation or fixation of the hours and days during or on which, the extent to which, and the conditions under which—

(i) trade may be conducted or work performed in any shops or other business premises;

(ii) work may be performed in any industrial premises or in any premises used in connexion with any undertaking or public utility;

(iii) any public transport facilities may operate;

(iv) gas or electricity services, or any other services, may be provided; or

(v) any entertainments may be held.

“(4.) Any such order may—

(a) be made so as to apply either throughout the State or to any area therein;

(b) make different provision with respect to different persons, premises, undertakings, utilities, transport facilities, services or entertainments;

(d) contain such incidental and supplementary provisions as appear to the Premier to be necessary or expedient for the purposes of the order.

“(5.) Any such order may declare or direct that any matter or thing shall or may, from time to time, be done, determined, applied, regulated, required, directed or prohibited for the purposes of the order either generally or in any particular case of class of cases, by a person authorized by the order for the purposes thereof, and thereupon the matter or thing shall or may be done, determined, applied, regulated, required, directed or prohibited accordingly.

“(6.) An order under this regulation, unless it is published in the Government Gazette of the State, shall not be binding on any person unless it has been served on that person by delivering a copy thereof to him by hand or by sending it to him by registered post addressed to his last-known place of abode or business.

“(7.) A person shall not fail to observe or comply with any prohibition, requirement or direction made on him or applicable to him, or to premises or things under his control, under or in pursuance of any order under this regulation.

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

Statutory Rules 1942 No. 404 is a legislative instrument made under the National Security Act 1939-1940, enacted by the Governor-General in the context of the exigencies of World War II. This regulation addresses the critical issue of coal shortages in certain states, which posed a significant threat to the efficient prosecution of the war effort. The regulation allows the Prime Minister to authorise the Premier of a state to take measures to conserve coal supplies within that state, reflecting the overarching policy objective of ensuring the availability of essential resources for the war effort. The regulation was made with the advice of the Federal Executive Council and came into effect on 22 September 1942.

Scope and Application

The Statutory Rules 1942, No. 404, under the National Security Act 1939-1940, introduces amendments to the National Security (Supplementary) Regulations, specifically addressing the conservation of coal during a declared shortage in any State. This regulation applies to the Premier of any State where the Prime Minister determines that a coal shortage is essential for the war effort, thus vesting the Premier with specified powers to manage the situation. The Premier can issue orders to regulate the rationing, distribution, and use of coal, as well as the redistribution and cancellation of coal-related contracts. These orders can also dictate the operational hours and conditions for various industries and public services, and may include exemptions and supplementary provisions deemed necessary for the effective management of coal resources. The regulation extends its application to any area within the State and requires orders to be published and served to ensure binding effect on the affected parties.

Key Provisions

The primary operative sections of the legislation are contained in regulation 71 of the National Security (Supplementary) Regulations. Regulation 71 allows the Prime Minister to declare, by notice in the Gazette, that it applies to a state experiencing a coal shortage if it is deemed essential for the efficient prosecution of the war (section 71(1)). Once such a declaration is made, the Premier of the affected state can issue orders to conserve coal supplies. These orders can include rationing coal supplies, controlling the distribution and use of coal, redistributing coal under the control of specified persons, cancelling or varying coal-related contracts, and limiting or fixing the hours and conditions under which various activities and services can operate (section 71(3)). The regulation imposes obligations on the Premier of the affected state to take appropriate measures to conserve coal supplies. This includes drafting and issuing orders that are specific to the needs of the state and the circumstances of the coal shortage. The Premier must also ensure that these orders are published in the Government Gazette of the state and served on affected persons, either by hand or by registered post, to ensure they are binding (section 71(6)). Additionally, any person affected by these orders is obligated to comply with the prohibitions, requirements, or directions stipulated therein. Breach of any order issued by the Premier under this regulation is subject to civil and criminal consequences. Section 71(7) states that a person shall not fail to observe or comply with any prohibition, requirement, or direction made applicable to them or to premises or things under their control. The legislation does not specify the exact penalties for non-compliance, but breaches could potentially lead to fines, imprisonment, or other legal consequences as deemed appropriate by the relevant authorities. The precise penalties would depend on the nature and severity of the breach, as well as any additional provisions outlined in the state's laws or regulations.

Area of Law: National Security Law
Instrument: Legislative Instrument
Concepts: Definitions & Interpretation; Enforcement Powers; Regulatory Standards; Prohibited Conduct

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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