STATUTORY RULES.
1945. No. 123.
_________
REGULATION UNDER THE NATIONAL SECURITY ACT 1939-1943.*
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 1939-1943.
Dated this sixteenth day of August, 1945.
HENRY
Governor-General.
By His Royal Highness’s Command,
ARTHUR A. CALWELL
for 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:—
Transfer of administration of certain functions of the Department of the Interior.
“138.— (1.) The Regulations specified in the Schedule to this regulation are amended—
(a) by omitting the words ‘the Minister of State for the Interior’ (wherever occurring) and inserting in their stead the words ‘the Minister of State for Immigration’; and
(b) by omitting the words ‘Department of the Interior’ (wherever occurring) and inserting in their stead the words ‘Department of Immigration’.
“(2.) Every order, determination or direction and every authorization, consent or other approval which was made or given by the Minister of State for the Interior under any of the Regulations referred to in this regulation or by a delegate of that Minister and which was
_____________________________________________________________________
* Notified in the Commonwealth Gazette on 17th August, 1945.
† Statutory Rules 1940. No. 126, as amended to date. For previous National Security (Supplementary) Regulations see footnote † to Statutory Rules 1944, No. 157, and see also Statutory Rules 1944, Nos. 162 and 188; and 1945, Nos. 18, 37, 47, 51, 53, 66, 67, 70, 80, 102, 106 and 109.
4700.—Price 3d.
in force immediately prior to the commencement of this regulation shall continue in force as if this regulation had been in force at the time it was made or given and as if it had been made or given by the Minister of State for Immigration under any such Regulations, as amended by this regulation, and may be revoked, suspended or varied by that Minister or by a delegate of that Minister accordingly.”.
____________
“The Schedule.
National Security (Aliens Control) Regulations—in respect of regulations 14b and 25A;
National Security (General) Regulations—in respect of regulations 23 and 51b;
National Security (Overseas Children) Regulations;
National Security (Passports) Regulations.”.
__________________
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
Statutory Rules 1945, No. 123, made under the National Security Act 1939-1943, was enacted to address the administrative transition necessitated by the shift of specific functions from the Department of the Interior to the Department of Immigration. This regulation was issued by the Governor-General in Council, on the advice of the Minister of State for Defence, with the intent to ensure continuity in the administration of national security-related matters concerning aliens control, general security, overseas children, and passports. By amending the National Security (Supplementary) Regulations, the regulation facilitates the transfer of these functions, allowing existing orders, determinations, and approvals made by the former Minister of State for the Interior to remain in force under the purview of the Minister of State for Immigration, thus maintaining the efficacy of national security measures during a period of governmental restructuring.
Scope and Application
This statutory regulation, numbered 1945 No. 123, pertains to the National Security (Supplementary) Regulations and is enacted under the National Security Act 1939-1943. It amends the administration of specific functions by transferring the responsibilities from the Minister of State for the Interior to the Minister of State for Immigration. The regulation specifically modifies certain regulations concerning aliens control, general national security, overseas children, and passports, by replacing references to the Department of the Interior with the Department of Immigration. This change ensures that any existing orders, determinations, or approvals under the previous regulations remain in effect, but will now be managed by the Minister of State for Immigration or their delegate. This amendment signifies a shift in administrative oversight while maintaining the continuity of existing legal frameworks.
Key Provisions
The regulation under the National Security Act 1939-1943, specifically Statutory Rules 1945 No. 123, amends the National Security (Supplementary) Regulations. The primary changes involve the transfer of administrative functions from the Minister of State for the Interior to the Minister of State for Immigration. This transfer applies to specific regulations, namely the National Security (Aliens Control) Regulations, National Security (General) Regulations, National Security (Overseas Children) Regulations, and National Security (Passports) Regulations (section 138). The amendment affects the wording of these regulations by replacing references to the "Minister of State for the Interior" and the "Department of the Interior" with "Minister of State for Immigration" and "Department of Immigration," respectively (section 138(1)).
Under the amended regulations, any orders, determinations, directions, authorizations, consents, or approvals made by the Minister of State for the Interior or their delegate prior to the commencement of this regulation continue to be in force as if they were made by the Minister of State for Immigration. These existing orders can be revoked, suspended, or varied by the Minister of State for Immigration or a delegate (section 138(2)). This continuity ensures that there is no disruption in the administration of these regulatory functions during the transition period.
The regulation imposes several obligations on the Minister of State for Immigration. The Minister is now responsible for overseeing and managing the functions previously handled by the Minister of State for the Interior. This includes the enforcement and administration of the amended regulations, ensuring that all orders, determinations, directions, authorizations, consents, and approvals are managed effectively and in accordance with the law. The Minister must also ensure that any existing directives remain valid and enforceable unless otherwise revoked, suspended, or varied.
Failure to comply with the provisions of this regulation could lead to civil or criminal consequences, although specific offences, penalties, or consequences are not detailed in the provided text. Typically, breaches of regulations administered by the Minister of State for Immigration might include administrative penalties, fines, or legal action depending on the nature and severity of the breach. The exact penalties would be determined based on the specific regulations involved and the context of the breach.