National Security (Supplementary) Regulations (Amendment)

Overview

The Statutory Rules 1942, No. 213, which constitutes a regulation under the National Security Act 1939-1940, was enacted by the Governor-General in the context of the heightened national security concerns during World War II. This regulation was introduced to address the need for adequate recreational facilities for members of the Defence Force and allied forces, thereby enhancing their morale and well-being during their service. The regulation was made with the advice of the Federal Executive Council and is intended to empower the Premier of a State to authorise public entertainments on Sundays, an action previously restricted under state laws. The policy objective is to ensure that such entertainments are adequately facilitated for the benefit of the defence forces, without imposing penalties on those participating in authorised activities on Sundays.

Scope and Application

This statutory instrument pertains to an amendment of the National Security (Supplementary) Regulations under the National Security Act 1939-1940, introducing specific provisions concerning the conduct of public entertainments on Sundays for the benefit of members of the Defence Force of the Commonwealth and allied or other foreign forces. The amendment allows the Premier of a state to authorize such entertainments through orders published in the Government Gazette, subject to conditions aimed at ensuring adequate recreational facilities for the forces mentioned. This regulation applies to all states of Australia and extends to any territories, with the powers vested in the Premier of a state exercisable by a Minister in relation to territories. The regulation explicitly states that no person shall incur any offence or penalty for actions taken in accordance with the conditions of the authorization, which would otherwise be permissible on any other day of the week. It further clarifies that the regulation does not permit the fixing of remuneration or employment conditions for work performed on Sundays.

Key Provisions

The main operative sections of the Statutory Rules (1942, No. 213) amend the National Security (Supplementary) Regulations under the National Security Act 1939-1940 to allow the Premier of a State to authorise public entertainments on Sundays (section 1). This authorisation is intended to ensure adequate recreational facilities for members of the Defence Force of the Commonwealth and allied forces serving in association with that force. The Premier may issue orders through the Government Gazette of the State, specifying various conditions and provisions related to these entertainments (section 2). These provisions can include the use of premises or persons, the nature of the entertainments, admission criteria, charges, and times during which the entertainments may be held. Additionally, the regulation allows for the authorisation of persons to attend these entertainments and remove any unauthorised individuals from the premises (section 2(g)). The regulation also specifies that no person shall be guilty of an offence or liable to any penalty for activities related to authorised entertainments on Sundays if they would not be guilty or liable for the same activities on a non-Sunday (section 3). Furthermore, any person holding or conducting an entertainment must comply with all conditions set by the Premier (section 4). In relation to any Territory of the Commonwealth, these powers may be exercised by a Minister, with appropriate adjustments to terminology (section 5). Importantly, the regulation explicitly states that it does not permit the Premier to fix remuneration or employment conditions for any work performed on a Sunday (section 6). The obligations imposed by this regulation primarily fall on the Premier of a State, who is tasked with ensuring that adequate recreational facilities are available for Defence Force members and allied forces. This involves issuing orders in the Government Gazette of the State to authorise public entertainments on Sundays, subject to specific conditions and provisions outlined in the regulation. These conditions can include authorisation of premises and personnel, nature of entertainments, admission criteria, charges, and timings. The Premier must ensure that any person granted authority to hold or conduct entertainments complies with the specified conditions. Additionally, the regulation imposes an obligation on individuals not to contravene any conditions set by the Premier for the conduct of authorised entertainments. The regulation also clarifies that it does not permit the fixing of remuneration or employment conditions for work performed on Sundays. The regulation outlines several consequences for non-compliance. Firstly, any person who fails to comply with a condition upon which authority has been granted to hold or conduct an entertainment is in breach of the regulation (section 4). Secondly, the regulation provides that no person shall be guilty of an offence or liable to any penalty for activities related to authorised entertainments on Sundays if they would not be guilty or liable for the same activities on a non-Sunday (section 3). This means that ordinary laws governing activities on Sundays are superseded only to the extent necessary for authorised entertainments, and any breach of these conditions outside the scope of authorised activities could result in penalties. However, the regulation does not specify any particular penalties or enforcement mechanisms for breaches of the conditions set by the Premier, implying that any penalties would be determined by the laws applicable to the specific activities in question.