National Security (Supplementary) Regulations (Amendment)

Overview

The Statutory Rules 1943, No. 169, issued under the National Security Act 1939-1940, was enacted to address specific concerns during the Second World War regarding the national security of Australia. This regulation was made by the Governor-General in Council, acting on the advice of the Federal Executive Council, and it serves to amend the National Security (Supplementary) Regulations by adding a provision concerning bronze coinage. The underlying policy objective of these regulations was to ensure that the economic and financial activities of the Commonwealth aligned with the broader strategic imperatives of national security during a time of war. This particular amendment aimed to clarify the legal status of bronze coins, ensuring that they were not considered to be issued improperly simply because they did not contain tin, thereby facilitating the continued production and use of such coins in accordance with the Coinage Act 1909-1936.

Scope and Application

The Statutory Rules of 1943, No. 169, under the National Security Act 1939-1940, provides an amendment to the National Security (Supplementary) Regulations. This legislative instrument applies to the issuance of bronze coins by the Treasurer, clarifying that such coins are not to be deemed non-compliant with the Coinage Act 1909-1936 solely due to the absence of tin in their composition. The regulation is intended to ensure that the production of bronze coins by the Treasurer during a period of national security measures aligns with broader legal frameworks, even in the absence of specific metallic content. The regulation's reach is confined to the Commonwealth level and pertains specifically to the minting and issuance of bronze coins by the Treasurer, providing a clear exemption from certain requirements of the Coinage Act under the extraordinary circumstances of national security. No broader exclusions or exemptions are outlined beyond this specific provision, and the regulation does not extend its application through subordinate instruments.

Key Provisions

The main operative section of this Statutory Rule is the addition of Regulation 105 to the National Security (Supplementary) Regulations (section 2). This regulation states that bronze coins made and issued by the Treasurer will not be considered as having been made and issued in contravention of the Coinage Act 1909-1936 simply because they do not contain tin (section 2). This amendment is significant as it allows for the continued production of bronze coins without the necessity of including tin, which was likely a response to wartime material shortages. Under this regulation, the Treasurer is authorised to produce bronze coins that do not contain tin, ensuring that such coins are not viewed as unlawfully minted under the Coinage Act 1909-1936. This provision aims to facilitate the smooth operation of currency production during a period of national security concern, thereby maintaining the integrity of the nation's monetary system under challenging circumstances. The Act imposes specific obligations on the Treasurer, who is now permitted to issue bronze coins without the inclusion of tin, thereby adhering to the Coinage Act 1909-1936 while still producing necessary currency. This regulation is a clear directive that the deviation from the usual composition of bronze coins is sanctioned for the purposes of national security. There are no explicit offences, penalties, or civil/criminal consequences mentioned within this Statutory Rule for breaches of the amended regulation. However, any deviation from the provisions of the Coinage Act 1909-1936 outside the scope of this specific exemption could potentially result in legal ramifications as per the original Act. The primary focus here is on the allowance for wartime adaptations in currency production without incurring legal penalties for the specified deviation.