National Security (Supplementary) Regulations (Amendment)

Legislation au C1942L00230 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1942. No. 230.

 

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 fourteenth day of May, 1942.

GOWRIE

Governor-General.

By His Excellency’s Command,

ARTHUR S. DRAKEFORD

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

 

Amendment of National Security (Supplementary) Regulations.†

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

“Power to prohibit work in vicinity of aerodromes, &c.

58.—(1.) The Minister, or any person, or person included in a class of persons, authorized in writing by the Minister to act under this sub-regulation, whether generally or in relation to a particular aerodrome or establishment, or class of aerodromes or establishments, may prohibit, either absolutely, or subject to conditions or exceptions, the doing of any particular work, or of any class of work—

(a) within a distance of five miles, or within such other distance as is specified from time to time by the Minister by notice published in the Gazette from the nearest point of any aerodrome; or

(b) within such distance as is so specified from any military, industrial or other establishment, or class of establishments, which the Minister declares, by notice published in the Gazette, to be an establishment, or class of establishments, to which this regulation applies.

 

* Notified in the Commonwealth Gazette on 14th May, 1942.

† Statutory Rules 1940, No. 126, as amended by Statutory Rules 1940, Nos. 151, 169, 213, 228, 233, 234, 245 and 257; 1941, Nos. 75, 88, 100, 140, 197, 200, 222, 249, 296, 297, 303, 314, 318, 320 and 323; and 1942, Nos. 16, 20, 21, 23, 40, 50, 57, 62, 63, 72, 78, 90, 111, 125, 132, 147, 150, 153, 154, 157, 161, 172, 175, 185, 188, 189, 197, 201, 213 and 219.

3165.—Price 3d.


“(2.) The Minister or any other person specified in the last preceding sub-regulation, any person authorized by the Minister or by any such person to act under this sub-regulation, or any member of the Defence Force acting in the course of his duty, may—

(a) enter on—

(i) any land to which any prohibition under the last preceding sub-regulation applies for the purpose of ascertaining whether any such prohibition is being observed or in connexion with the exercise of any power under this sub-regulation;

(ii) any land for the purpose of determining whether any such prohibition should be made in respect of the land; and

(iii) any land giving access to any land referred to in this paragraph;

(b) bring onto any land which he is authorized by this sub-regulation to enter such persons and things as he considers necessary for the purposes of this sub-regulation;

(c) remove from any such land any person whom he finds committing any breach of any such prohibition or who, in his opinion, is likely to commit any such breach;

(d) prevent any person from committing such a breach; and

(e) use, or authorize the use, of reasonable force for the purposes of the exercise of his powers under this sub-regulation.

“(3.) A prohibition under this regulation may be made by order or, where the prohibition is directed to a particular person, by notice given orally or in writing to that person.

“(4.) A person shall not do any work which is prohibited under this regulation whether generally, or by a prohibition directed to that person.

“(5.) In this regulation—

‘aerodrome’ means any ground or water area used, or intended to be used, either wholly or in part, for the purpose of the landing, departure, accommodation or concealment of aircraft, whether civil or belonging to the armed forces of His Majesty or any power allied or associated with His Majesty in the present war;

‘the Minister’ means the Minister of State for Home Security; and

‘work’ includes ploughing, excavating or digging of soil, the making of roads and paths, the burning off of grass, scrub or other vegetation, the cutting of trees, the erection or demolition of buildings or other structures, painting, and the moving of large objects.”.

 

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

Overview

The Statutory Rules 1942, No. 230, is a legislative instrument made under the National Security Act 1939-1940, which was enacted to address national security concerns during times of war. This specific regulation, dated 14th May 1942, was introduced to provide the Minister of State for Home Security with additional powers to prohibit certain types of work near aerodromes and other military or industrial establishments to safeguard against potential security threats. The regulation was made by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and aims to enhance the enforcement of security measures around sensitive areas during wartime.

Scope and Application

The Statutory Rules 1942 No. 230 amends the National Security (Supplementary) Regulations by adding a new regulation that empowers the Minister, or any person authorized by the Minister, to prohibit certain types of work within specified distances from aerodromes or military, industrial, or other establishments deemed significant for national security purposes. The regulation provides for the prohibition of activities such as ploughing, excavating, the making of roads, burning off vegetation, and the erection or demolition of buildings, among others. The authority to enforce these prohibitions extends to authorized individuals, including members of the Defence Force, who may enter specified areas, remove individuals likely to breach the prohibitions, and use reasonable force when necessary. The prohibitions can be communicated through orders or specific notices to individuals, and any work carried out in contravention of these prohibitions is expressly forbidden. This legislative instrument applies nationally across Australia and operates within the jurisdictional framework of the National Security Act 1939-1940. The regulation's broad language does not explicitly state exclusions or exemptions but allows for flexibility in specifying distances and types of establishments subject to these prohibitions through ministerial notices in the Gazette.

Key Provisions

The main operative sections of the regulation (regulation 58) permit the Minister for Home Security, or a person or class of persons authorised in writing by the Minister, to prohibit certain types of work within specified distances of aerodromes or military, industrial, or other establishments declared by the Minister. This prohibition can be absolute or subject to conditions or exceptions, and may be communicated through an order or a notice given orally or in writing to a particular person. The regulation defines "work" broadly to include activities such as ploughing, excavating, road-making, burning off vegetation, cutting trees, construction and demolition, painting, and moving large objects. The regulation imposes obligations on the parties or entities it governs by requiring compliance with any prohibitions issued under it. Any person or entity found doing work that is prohibited by the regulation may be subject to enforcement actions. The regulation also mandates that authorised persons, which include the Minister, persons authorised by the Minister, and members of the Defence Force, have the authority to enter certain lands to ascertain compliance with the prohibitions, to determine whether prohibitions should be made, and to bring necessary persons and things onto the land for these purposes. Authorised persons are empowered to remove individuals who are committing breaches of the prohibitions or who are likely to do so, to prevent breaches, and to use reasonable force in the exercise of their powers. The regulation does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches. However, it does state that any person shall not do any work which is prohibited under the regulation. While the regulation does not detail the penalties for non-compliance, it is reasonable to infer that breaches of the prohibitions could lead to enforcement actions or other legal consequences under the broader framework of the National Security Act 1939-1940 and related legislation.

Legal classification tags

Area of Law
National Security Law
Instrument
Regulation
Concepts
Offence Provisions
Prohibited Conduct
Enforcement Powers

Interactions

Authorises

All Versions

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.