STATUTORY RULES.
1943. No. 138.
REGULATION UNDER THE NATIONAL SECURITY ACT 1939-1940.*
I, THE DEPUTY OF 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-sixth day of May, 1943.
WINSTON DUGAN
Deputy of the Governor-General.
By His Excellency’s Command,
J. S. COLLINGS
for and on behalf of the Minister of State for Defence.
Amendment of the National Security (Supplementary) Regulations.†
The National Security (Supplementary) Regulations are amended by adding at the end thereof the following regulation:—
Inquiry as to whether order for revocation of certificate of naturalization should be made.
“102.—(1.) The Minister may appoint any person who is or has been a judge or acting judge of a Supreme Court of a State or Territory of the Commonwealth or a practising barrister or solicitor of the High Court or of the Supreme Court of a State of not less than five years’ standing to hold an inquiry, whether in respect of an individual only or of all persons included in a class of persons, for the purposes of section 12. of the Nationality Act 1920-1936, and any case referred for inquiry before any such person shall be deemed to have been referred in accordance with that section.
* Notified in the Commonwealth Gazette on 26th May, 1943.
† Statutory Rules 1940, No. 126, as amended to date. For previous National Security (Supplementary) Regulations, see footnote † to Statutory Rules 1943, No. 48; and see also Statutory Rules 1943, Nos. 63, 78, 86, 87, 88, 103, 104, 111, 112, 114 and 115.
2829.—Price 3d.
“(2.) A person appointed under this regulation shall have the same powers, rights and privileges as a committee appointed under section 12 of the Nationality Act 1920-1936.
“(3.) A person appointed under this regulation may be paid such fees or allowances, in respect of his services, as the Minister directs.
“(4.) In this regulation, ‘the Minister’ means the Minister of State for the Interior.”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1943 No. 138, made under the National Security Act 1939-1940, introduce amendments to the National Security (Supplementary) Regulations by adding a new regulation. Enacted by the Deputy of the Governor-General with the advice of the Federal Executive Council, this legislative instrument was introduced to address the need for an inquiry into the revocation of naturalisation certificates. The policy objective, as indicated in the regulation, is to ensure that such inquiries are conducted by qualified individuals with the requisite legal expertise, specifically those who have served as judges or are experienced legal practitioners. This regulation allows the Minister of State for the Interior to appoint suitable individuals to conduct these inquiries, providing them with the same powers, rights, and privileges as those appointed under the Nationality Act 1920-1936, and allows for the payment of fees or allowances as directed by the Minister.
Scope and Application
The Statutory Rules 1943, No. 138, which amend the National Security (Supplementary) Regulations, extend the authority of the Minister of State for the Interior to appoint individuals to conduct inquiries under the Nationality Act 1920-1936. These appointed individuals, who must be either a judge or acting judge of a Supreme Court of a State or Territory, or a practising barrister or solicitor of the High Court or a Supreme Court of a State with at least five years' standing, are granted powers, rights, and privileges equivalent to those of a committee appointed under section 12 of the Nationality Act. This regulation enables the Minister to oversee the revocation of certificates of naturalisation, ensuring that the appointed persons can effectively manage these inquiries. The regulation applies across the Commonwealth, thereby extending its jurisdictional reach and ensuring uniform application of the provisions. Additionally, the regulation specifies that any fees or allowances for the appointed persons are to be determined by the Minister, thus providing flexibility in remuneration.
Key Provisions
The main operative sections of this statutory rule (Statutory Rules 1943, No. 138) amend the National Security (Supplementary) Regulations to include a new regulation concerning the appointment of a person to hold an inquiry under the Nationality Act 1920-1936. Specifically, section 102 introduces the ability for the Minister of State for the Interior to appoint a judge or a practising barrister or solicitor to conduct inquiries into whether an order should be made for the revocation of a certificate of naturalisation. This inquiry can be specific to an individual or a class of persons. The appointed person is granted the same powers, rights, and privileges as a committee appointed under section 12 of the Nationality Act 1920-1936 (subsection 102(2)). Furthermore, the appointed person may be compensated for their services, with fees or allowances determined by the Minister (subsection 102(3)).
Under this Act, the obligations imposed on the parties or entities it governs are primarily directed towards the Minister of State for the Interior. The Minister is tasked with appointing a suitable individual to conduct the inquiry. This individual must be a qualified legal professional, either a judge or a practising barrister or solicitor with at least five years of experience in the High Court or a Supreme Court of a State. Additionally, the Minister must determine any fees or allowances that the appointed person is to receive for their services, as outlined in subsection 102(3). The appointed person, upon taking on the role, assumes a role akin to that of a committee appointed under section 12 of the Nationality Act 1920-1936, thereby inheriting the same powers, rights, and privileges.
In terms of penalties and consequences, the statutory rule itself does not explicitly state penalties for non-compliance or breach of the regulation. However, any failure by the Minister to appoint a suitable individual or to adequately compensate the appointed person could potentially be subject to judicial review or other legal challenges, depending on the context and the specific legal frameworks in place. The broader legal consequences would depend on the outcomes of the inquiries and the decisions made by the appointed person, which could lead to revocation of naturalisation certificates and associated ramifications for the individuals involved.