National Security (Supplementary) Regulations (Amendment)

Overview

Statutory Rules 1942, No. 189, under the National Security Act 1939–1940, was enacted to address the need for strict regulations on the sale of intoxicating liquor, race meetings, athletic games, and public entertainments on Anzac Day 1942. This regulation was issued by the Deputy of the Governor-General, acting with the advice of the Federal Executive Council, to reinforce measures that align with national security concerns during the Second World War. The policy objective was to ensure that no activities promoting the sale of alcohol, racing, or public entertainments were conducted on Anzac Day, a day of national remembrance, thereby maintaining public decorum and respecting the solemnity of the occasion.

Scope and Application

The Statutory Rules 1942 No. 189, which amends the National Security (Supplementary) Regulations, applies to any person holding a licence for the sale of intoxicating liquor in respect of any hotel, wine saloon or other business premises, and to any person who holds or conducts or causes or permits to be held or conducted any race meeting for horses or dogs, any organized meeting for the purpose of carrying on any athletic game or sport, or any public entertainment in any theatre, public hall or other like building prior to one o'clock in the afternoon on 25 April 1942. The amendment applies across the Commonwealth of Australia and is limited to the specified date and activities. The regulation aims to close hotels, prohibit race meetings and entertainments, and restricts the sale of intoxicating liquor on Anzac Day 1942 as a national security measure. There are no stated exclusions or exemptions, and the regulation extends through subordinate instruments to ensure compliance by all relevant persons and entities within the specified scope and timeframe.

Key Provisions

The Regulation under the National Security Act 1939–1940, specifically outlined in Statutory Rules 1942, No. 189, introduces amendments to the National Security (Supplementary) Regulations. These amendments are targeted at ensuring certain activities are halted on Anzac Day, 25 April 1942. The regulation requires that any person holding a licence for the sale of intoxicating liquor must close their hotel, wine saloon, or premises for the sale of such liquor on this specific date (section 54(1)). Additionally, it prohibits the sale or supply of intoxicating liquor on this day to any person to whom it would be unlawful to sell such liquor on a Sunday. Moreover, it prohibits individuals without lawful excuse from entering or being present in these licensed premises on Anzac Day (section 54(1)). Furthermore, the regulation prohibits the holding or conducting of race meetings for horses or dogs, organised athletic games or sports, and any public entertainment in theatres, public halls, or similar buildings before 1 pm on Anzac Day (section 54(2)). These amendments impose several obligations on the parties governed by them. Licence holders for the sale of intoxicating liquor must ensure their premises are closed and that no sales of such liquor take place on Anzac Day. Additionally, they must prevent any person without lawful excuse from entering or remaining in the licensed premises on this day. Furthermore, individuals responsible for the management of racecourses, recreation grounds, buildings, or other places must ensure no meetings or entertainments are held that contravene the provisions of this regulation (section 54(3)). The regulation also clearly states that nothing in these provisions shall make lawful anything that would otherwise be unlawful (section 54(4)). The penalties and consequences for breaches of this regulation are not explicitly detailed within the provided text. However, given the context of national security regulations, it is likely that breaches could result in civil or criminal penalties, potentially including fines or other sanctions as prescribed by the overarching National Security Act 1939–1940. The exact penalties would depend on the specific nature of the breach and relevant jurisdictional laws in place at the time.