National Security (Volunteer Defence Corps) Regulations (Amendment)

Legislation au C1943L00303 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1943. No. 303.

 

REGULATIONS 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 Regulations under the National Security Act 1939-1940.

Dated this seventeenth day of December, 1943.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

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

 

Amendments of the National Security (Volunteer Defence Corps) Regulations. †

Definitions.

1. Regulation 2 of the National Security (Volunteer Defence Corps) Regulations is amended by inserting in sub-regulation (1.), after the definition of “member of the Corps”, the following definition:—

“‘military rank’ means any rank in the Volunteer Defence Corps of or above the rank of lieutenant;”.

2. Regulation 4 of the National Security (Volunteer Defence Corps) Regulations is omitted and the following regulation inserted in its stead:—

Appointment and promotion of officers of the Corps.

“4.—(1.) The Governor-General may, without issuing a commission to a member of the Corps and notwithstanding that the member of the Corps holds a commission, honorary commission, or appointment as an officer or any other rank or appointment in any of His Majesty’s naval, military or air forces, which is not in abeyance by virtue of these Regulations, appoint or promote that member to any military rank in the Corps.

* Notified in the Commonwealth Gazette on      , 1943.

† Statutory Rules 1942, No. 37.

3405.—Price 3d.         24/2.6.1943.


(2.) The Governor-General may delegate to the Military Board or to any officer or officers of the Military Forces of the Commonwealth within Australia power to appoint or promote members of the Corps to any acting military rank in the Corps.

(3.) A delegation under this regulation may be made to an officer personally or by the designation of his appointment and may be limited to the officer named or be extended to the person for the time being performing the duties of the appointment or to the successors in command of the officer.

(4.) A delegation shall be revocable at will by the Governor-General and shall not prevent the exercise of any power by the Governor-General.

(5.) The revocation of a delegation shall not affect anything done under the delegation prior to the delegate receiving notice of the revocation.

(6.) A member of the Corps appointed or promoted to acting military rank under the powers conferred by this regulation shall cease to hold that rank if the Governor-General refuses to confirm the appointment or promotion.

(7.) A member of the Corps whose appointment or promotion under this regulation is confirmed by the Governor-General shall be deemed to have been appointed or promoted, as the case may be, from the date of his appointment or promotion to the acting military rank which is so confirmed.

(8.) Where the Governor-General refuses to confirm any appointment or promotion to acting military rank, every act, matter, thing, right and liability which, by virtue or in consequence of that appointment or promotion to acting military rank, is done, suffered, acquired or incurred, between the time at which a member of the Corps was so appointed or promoted and the time at which he received notice of the Governor-General’s refusal to confirm his appointment or promotion, shall be as valid and effectual as if it were done, suffered, acquired or incurred by a member of the Corps appointed or promoted by the Governor-General to the rank concerned.

(9.) Subject to the provisions of this regulation, an appointment or promotion to any military rank in the Corps shall be for the period during which the member holds an office or appointment in the Corps appropriate to the rank to which he is appointed or promoted.

(10.) The Governor-General may at any time revoke, cancel or suspend any appointment or promotion made pursuant to sub-regulation (1.) or (2.) of this regulation.

(11.) The Military Board, or any officer authorized for that purpose by the Military Board, may appoint, remove or suspend a member of the Corps to or from any office or appointment in the Corps.

(12.) Upon ceasing to be a member of the Corps a member shall cease to hold any office or military rank to which he has been appointed or promoted pursuant to this regulation.”.

 

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

Overview

The Statutory Rules 1943 No. 303, made under the National Security Act 1939-1940, were introduced to amend the National Security (Volunteer Defence Corps) Regulations. Enacted by the Governor-General in Council, these regulations sought to clarify and streamline the appointment and promotion processes within the Volunteer Defence Corps. The policy objective is to ensure that appointments and promotions are efficiently managed within the Corps, allowing for a more effective mobilisation of resources during times of national security concern. This legislative instrument aims to provide the necessary flexibility to appoint or promote members to various ranks in the Corps, while ensuring that such actions remain subject to the oversight and control of the Governor-General.

Scope and Application

The Statutory Rules 1943 No. 303, being the Regulations under the National Security Act 1939-1940, applies to members of the Volunteer Defence Corps, allowing the Governor-General to appoint or promote them to military ranks within the Corps. This includes the ability to delegate such powers to the Military Board or specific officers of the Military Forces of the Commonwealth within Australia. These regulations also outline the conditions under which appointments or promotions can be revoked or confirmed by the Governor-General, including provisions for acting ranks and the cessation of such ranks upon leaving the Corps. The regulations extend to the entire Commonwealth of Australia and include provisions for the revocation of delegations and the validity of actions taken under such appointments prior to revocation. Any exclusions, exemptions, or thresholds are not explicitly mentioned in the provided excerpt, but the scope of the regulations is clearly focused on the administration and management of the Volunteer Defence Corps within the national security framework.

Key Provisions

The primary operative sections of these regulations under the National Security Act 1939-1940 pertain to the appointment and promotion of officers within the Volunteer Defence Corps (VDC) (Regulation 4). Regulation 2 is also amended to include a definition for "military rank," which refers to any rank in the VDC at or above the level of lieutenant (Regulation 1). These sections establish the framework for how appointments and promotions within the VDC are to be handled by the Governor-General, with certain powers delegated to the Military Board or other officers as specified. The regulations impose several obligations and requirements on the parties involved. The Governor-General has the authority to appoint or promote members of the VDC to any military rank without issuing a commission, even if the member already holds a commission or appointment in another branch of the armed forces (Regulation 4(1)). This regulation also allows for delegation of these powers to the Military Board or other officers, with the ability to revoke or limit these delegations at any time (Regulation 4(2)-(6)). Furthermore, appointments or promotions to acting military ranks are contingent on confirmation by the Governor-General, and failure to confirm results in the member ceasing to hold the rank (Regulation 4(6)-(7)). Additionally, the Military Board or designated officers have the authority to appoint, remove, or suspend members of the VDC from any office or appointment within the Corps (Regulation 4(11)). Breaches of these regulations could lead to several consequences. While the regulations do not explicitly outline specific offences, the potential for invalid actions taken under an unconfirmed appointment or promotion exists. If the Governor-General refuses to confirm an appointment or promotion, any actions taken under that appointment or promotion prior to the refusal notice are considered valid and effectual (Regulation 4(7)). However, failure to adhere to the stipulated procedures for appointments and promotions could result in the nullification of the rank if the Governor-General revokes, cancels, or suspends the appointment or promotion (Regulation 4(10)). Members who cease to be part of the VDC also lose any office or military rank they held (Regulation 4(12)). The regulations do not specify penalties for these breaches, but the invalidity of actions taken under unconfirmed appointments could have legal and administrative repercussions.

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