National Security (Supplementary) Regulations (Amendment)

Overview

This statutory rule, Statutory Rules 1942 No. 469, made under the National Security Act 1939-1940, was enacted by the Governor-General in Council to address the need for stringent safety measures during wartime, particularly concerning the prohibition of smoking and the use of matches or other igniting devices on ships. The amendment to the National Security (Supplementary) Regulations explicitly prohibits such activities in the hold of any ship and in areas where notices prohibiting smoking are displayed, aiming to mitigate the risk of fire hazards. The regulation also mandates that those in charge of loading, discharging, or other operations on ships ensure compliance with these safety protocols. The policy objective, as stated, is to enhance maritime safety during a period of national security concern, with the Minister of State for Commerce designated to administer the regulation.

Scope and Application

This statutory instrument, made under the National Security Act 1939-1940, introduces a specific regulation pertaining to safety on ships, particularly concerning the prohibition of smoking and the use of matches or lighters in certain areas. The regulation applies to any individual who smokes or ignites a match or lighter on a ship within the jurisdiction of the Commonwealth of Australia, regardless of state or territory boundaries. It imposes a blanket prohibition on these activities in the ship's hold and any location where a notice explicitly prohibiting smoking is posted. Furthermore, the regulation extends its reach to those in charge or control of loading, discharging, or other operations on a ship, mandating that they prevent these prohibited activities from occurring. The regulation is administered by the Minister of State for Commerce and supersedes any conflicting state or territory laws. The regulation does not specify any exclusions, exemptions, or thresholds, but its application may be further defined through subordinate instruments.

Key Provisions

The main operative sections of this regulation (section 81) primarily focus on prohibiting smoking and the use of any device for igniting tobacco, such as matches or lighters, in specific areas on ships. Under sub-section (1), it is illegal for any person to smoke or light such devices in the hold of any ship or in any place on board a ship where a notice prohibiting smoking is displayed. Sub-section (2) extends this prohibition to those in charge of loading or discharging ships, or any operation on the ship, who must not permit or suffer any act that is prohibited by the regulation. This regulation is to be administered by the Minister of State for Commerce. The obligations imposed by this regulation are clear and demand strict compliance from individuals on ships. Those who are in charge of operations on a ship, such as loading or discharging, must ensure that no person under their control smokes or lights any devices for igniting tobacco in prohibited areas. This includes actively preventing such actions from occurring and displaying notices where smoking is not permitted. The regulation applies to all ships within the jurisdiction, regardless of other laws or regulations that may exist at the state or territory level. Breach of this regulation can result in significant consequences. Although the specific penalties are not detailed in the regulation itself, under the National Security Act 1939-1940, penalties for breaches of regulations made under this Act can include fines and imprisonment. The severity of the penalty would depend on the nature and circumstances of the offence, but the potential for criminal sanctions underscores the importance of compliance with this regulation. Failure to adhere to the prohibitions could lead to enforcement actions being taken against the individuals or entities responsible.