STATUTORY RULES.
1942. No. 21.
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 twenty-eighth day of January, 1942.
GOWRIE
Governor-General.
By His Excellency’s Command,
JOHN J. DEDMAN
for and on behalf of the Minister of State for Defence Co-ordination.
Amendment of the National Security (Supplementary) Regulations.†
The National Security (Supplementary) Regulations are amended by adding at the end thereof the following regulation:—
“Restrictions on building.
31.—(1.) A person shall not, during the period beginning on the date of commencement of this regulation and ending on such date as is fixed by the Treasurer by order published in the Gazette, commence the erection of, or any alteration of or addition to, any building to which this regulation applies.
“(2.) Nothing in this regulation shall apply to an erection, alteration or addition—
(a) the cost of which is to be met, in whole or in part, out of an advance made by the Commonwealth War Workers Housing Trust under paragraph (f) of regulation 21 of the National Security (Housing of War Workers) Regulations or out of moneys in respect of which a guarantee has been given by the Commonwealth War Workers Housing Trust under paragraph (g) of that regulation; or
(b) which is to be made exclusively for the purposes of air-raid precautions.
*Notified in the Commonwealth Gazette on 28th January, 1942.
† Statutory Rules 1940 No. 126, as amended by Statutory Rules 1940, Nos. 151, 169, 213, 228, 233, 245 and 257; and 1941, Nos. 75, 88, 100, 140, 197, 200, 222, 249, 296, 297, 303, 314, 318, 320 and 323.
248.—Price 3d.
“(3.) In this regulation, ‘building to which this regulation applies’ means a building which is used, or is intended to be used, exclusively or principally for the purposes of habitation and is situated, or is to be situated, within—
(a) twenty-five miles from the General Post Office at Sydney or Melbourne; or
(b) any area specified by the Treasurer by order published in the Gazette.”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
Statutory Rules 1942 No. 21, titled "Regulation Under the National Security Act 1939–1940," was introduced to address the exigencies of national security during a time of war. Enacted by the Governor-General in Council, this regulation amends the National Security (Supplementary) Regulations by imposing restrictions on building activities. The objective of this regulation is to control and limit construction within specific areas to prevent the misuse of resources that could be critical for the war effort, ensuring that buildings are not erected or altered for purposes that might be detrimental to national security. These restrictions apply to buildings intended for habitation within a designated radius from major cities or other specified areas, except where construction is funded by the Commonwealth War Workers Housing Trust or is for air-raid precautions.
Scope and Application
This legislative instrument, issued under the authority of the National Security Act 1939–1940, introduces specific restrictions on the erection, alteration, or addition of buildings within certain areas during a designated period. The regulation applies to any person seeking to undertake such activities within defined geographical boundaries, specifically within twenty-five miles from the General Post Offices in Sydney or Melbourne, or any other areas specified by the Treasurer via an order published in the Gazette. The purpose of these restrictions is to control and manage construction activities that could potentially impact national security and resource allocation during a time of war. Notably, the regulation exempts certain constructions, such as those funded by the Commonwealth War Workers Housing Trust or those intended for air-raid precautions, from these restrictions. This regulation, thus, underscores the government's efforts to balance security concerns with practical needs during wartime.
Key Provisions
The main operative sections of the legislation are found in regulation 31 of the National Security (Supplementary) Regulations. Regulation 31 (1) prohibits a person from commencing the erection, alteration, or addition to any building that is used or intended to be used for habitation and is situated within 25 miles from the General Post Office at Sydney or Melbourne, or any other specified area, during the period beginning on the date of commencement of this regulation and ending on a date fixed by the Treasurer. This restriction does not apply to buildings that are funded by the Commonwealth War Workers Housing Trust or are for air-raid precautions (regulation 31(2)). Regulation 31(3) defines the term "building to which this regulation applies" as a building used or intended to be used for habitation and situated within the specified areas.
The obligations imposed by this Act are primarily on individuals and entities planning to build, alter, or add to buildings within the specified areas. They must ensure that any construction work does not commence during the restricted period unless the work is funded by the Commonwealth War Workers Housing Trust or is related to air-raid precautions. The Treasurer has the authority to specify additional areas where these restrictions apply, further defining the scope of the Act.
Breach of these regulations can lead to civil and criminal consequences. While the specific penalties are not detailed in the provided text, it is common for such breaches to attract fines or other penalties under the National Security Act 1939–1940. The Act also allows for enforcement actions by authorised officers, which could include injunctions or other court-ordered remedies to prevent non-compliance. The maximum penalties for such offences would typically be stipulated in the primary Act or associated legislation.