STATUTORY RULES.
1942. No. 485.
––––––––
REGULATION UNDER THE NATIONAL SECURITY ACT 1939-1940.*
I, THE DEPUTY OF 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 Sixth
day of November , 1942.
Deputy of the Governor-General.
By His Excellency’s Command,
for and on behalf of the Minister of State for Defence.
—–––––
Amendment of the National Security (War Contributions) Regulations.†
Powers of bodies in relation to gifts and loans.
Regulation 22 of the National Security (War Contributions) Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulations:—
“(1.) A body, whether corporate or unincorporate (other than a body corporate which is an authority of a State or a local authority) is hereby authorized and empowered to make a gift of moneys or goods to the Commonwealth for war purposes, to any war fund, or to any patriotic fund within the meaning of the National Security (Patriotic Funds) Regulations, notwithstanding that, apart from this regulation, the body has not, or had not, power to make such a gift.
“(1a.) A body, whether corporate or unincorporate (other than a body corporate which is an authority of a State) is hereby authorized and empowered to lend moneys to the Commonwealth for war purposes on such terms as it thinks fit, notwithstanding that, apart from this regulation, the body has not, or had not, power to lend moneys to the Commonwealth on the terms referred to.”.
* Notified in the Commonwealth Gazette on , 1942.
† Statutory Rules 1941, No. 92, as amended by Statutory Rules 1941, Nos. 227 and 269.
–––––––––––––––––
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
7880.—Price 3d. 25/2.11.1942.
Overview
The Statutory Rules 1942 No. 485, made under the National Security Act 1939-1940, was enacted to address the urgent need for financial support during wartime by modifying the powers of bodies to contribute to war efforts. The regulation was introduced to facilitate and streamline the process of donations and loans to the Commonwealth and various war funds by granting powers to entities that might otherwise be restricted from doing so. The regulation was made by the Deputy of the Governor-General acting on the advice of the Federal Executive Council, on behalf of the Minister of State for Defence. The policy objective was to empower more entities to contribute to the war effort by overcoming the legal barriers that prevented them from making gifts or loans to the Commonwealth or war funds.
Scope and Application
The Statutory Rules 1942 No. 485, made under the National Security Act 1939-1940, amends the National Security (War Contributions) Regulations to expand the powers of certain bodies to make gifts and loans for war purposes. The regulation applies to bodies that are corporate or unincorporated, excluding bodies corporate that are authorities of a State or local authorities. This means that such entities, whether businesses, charities, or other organisations, are empowered to donate money or goods to the Commonwealth for war efforts or to any war fund or patriotic fund as defined in the National Security (Patriotic Funds) Regulations, even if their existing powers do not allow such donations. Similarly, these entities are authorised to lend money to the Commonwealth for war purposes on terms they deem appropriate, again despite any restrictions that might otherwise apply. The amendment extends to the entire Commonwealth of Australia, with the regulation taking effect nationwide. The exclusion of State and local authorities from the scope of the regulation ensures that the powers granted are reserved for other eligible bodies, maintaining a clear demarcation within governmental and public entities.
Key Provisions
The main operative sections of this statutory instrument amend the National Security (War Contributions) Regulations, specifically Regulation 22, by granting certain bodies the authority to make gifts and loans for war purposes. Section (1) authorises both corporate and unincorporated bodies, excluding state and local authorities, to donate money or goods to the Commonwealth, any war fund, or any patriotic fund as defined in the National Security (Patriotic Funds) Regulations, even if they do not ordinarily have the power to do so. Section (1a) further empowers these bodies, except for state authorities, to lend money to the Commonwealth on terms they determine, again regardless of their usual powers.
These amendments impose obligations on the bodies to ensure that any gifts or loans made are directed towards the intended purposes as specified in the regulations. The bodies must also comply with the terms of the loans they provide, if applicable, and ensure that the funds are used effectively for war efforts. They are required to maintain records of such transactions to demonstrate compliance with the statutory provisions.
Breach of these provisions could lead to legal consequences. While the specific penalties are not detailed in the statutory instrument, breaches of regulations under the National Security Act 1939-1940 could result in fines or other penalties as prescribed by law. In cases of wilful or negligent disregard of the regulations, more severe penalties might be imposed, potentially including imprisonment, depending on the nature and impact of the breach. The exact penalties would be determined in accordance with the relevant provisions of the National Security Act 1939-1940 and any other applicable legislation.