National Security (Supplementary) Regulations (Amendment)

Overview

Statutory Rules 1946 No. 35, made under the National Security Act 1939-1943, was enacted to address the preservation of superannuation rights for specific individuals during the transitional period following World War II. This regulation was introduced to ensure that certain public servants, such as the Commonwealth Coal Commissioner, would retain their superannuation rights without interruption as they continued to serve in their roles. The regulation was made by the Governor-General in and over the Commonwealth of Australia, acting on the advice of the Federal Executive Council, and came into effect on the 27th of February, 1946. The primary objective of this regulation was to maintain continuity in superannuation contributions for individuals who remained in their positions, thereby safeguarding their retirement benefits. This legislative instrument was notified in the Commonwealth Gazette on the 28th of February, 1946, and was part of the broader legislative framework aimed at addressing the post-war transitional needs of the nation's workforce.

Scope and Application

This Statutory Rule, made under the authority of the National Security Act 1939-1943, specifically amends the National Security (Supplementary) Regulations to address the preservation of superannuation rights for a particular officeholder. The amendment adds a new regulation, numbered 141, which stipulates that the individual holding the office of Commonwealth Coal Commissioner as of 12 October 1945 shall be deemed to remain a contributor under the Superannuation Act 1922-1945 for the duration of their tenure in that office. This regulation ensures that the individual remains liable to make contributions to their superannuation fund as if they had continued to be employed in a regular capacity. The amendment extends its application solely to the Commonwealth Coal Commissioner in the specified timeframe and does not explicitly mention any exclusions or thresholds, implying that its scope is narrowly defined and limited to the stated office and individual. The amendment is part of a series of regulations designed to supplement national security measures, reflecting the broader legislative intent to maintain certain benefits and obligations during periods of national emergency or significant government restructuring.

Key Provisions

The key operative section of this Statutory Rule is regulation 141, which amends the National Security (Supplementary) Regulations to ensure that the Commonwealth Coal Commissioner, holding office on the twelfth day of October 1945, remains deemed to be a contributor under the Superannuation Act 1922-1945 for the duration of their tenure. This regulation mandates that the Commissioner continues to make contributions to the superannuation scheme as if they had remained in regular employment, thereby preserving their superannuation rights (reg. 141(1)). The obligations imposed by this Act on the parties it governs are clear and specific. The Commonwealth Coal Commissioner, by virtue of this regulation, is required to remain a contributor under the Superannuation Act 1922-1945 and to make the necessary contributions during their tenure. This ensures continuity in their superannuation benefits, aligning with their previous employment status as if no interruption had occurred (reg. 141(1)). There are no explicit offences, penalties, or civil/criminal consequences stated in this regulation for breach. However, failure to comply with the requirement to make the prescribed contributions could potentially lead to legal consequences under the Superannuation Act 1922-1945, which might include civil penalties or actions for non-compliance with superannuation laws. The specific penalties under the Superannuation Act would need to be referred to for detailed understanding, but they could include fines or other civil remedies.