STATUTORY RULES
1945. No. 178.
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REGULATIONS 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 Regulations under the National Security Act 1939-1943.
Dated this twentieth day of November, 1945.
HENRY
Governor-General.
By His Royal Highness’s Command,
J. B. CHIFLEY
for and on behalf of the Minister of
State for Defence.
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Amendments of the National Security (War Damage to Property) Regulations.†
Commencement.
1.—(1.) Regulation 2 of these Regulations shall be deemed to have come into operation on the twenty-third day of February, 1942.
(2.) Regulations 3 and 4 of these Regulations shall be deemed to have come into operation on the first day of January, 1945.
Commission may take measures to minimize war damage.
2. After regulation 39 of the National Security (War Damage to Property) Regulations the following regulation is inserted:—
“39a.—(1.) Where war damage occurs or has occurred to any property, and the loss in respect of that war damage has been or might be the subject of a claim for compensation under these Regulations, the Commission may take such action, and expend such moneys, as in its absolute discretion it thinks fit, for the purpose of preserving that property from any further war damage.
“(2.) The powers of the Commission under this regulation shall be additional to, and not in any way in limitation of any other powers of the Commission conferred upon it by these Regulations.”.
* Notified in the Commonwealth Gazette on 22nd November, 1945.
† Statutory Rules 1945 No. 79 as amended by Statutory Rules 1942, Nos. 222 and 294; 1943; Nos. 85, 254 and 278: and 1945, No. 4.
6035.—Price 3d.
Limits of compensation in respect of private chattels under regulation 37a.
3. Regulation 38a of the National Security (War Damage to Property); Regulations is amended by inserting in sub-regulation (3.) after the word “boat,”, the words “a refrigerator”.
Limits of compensation in respect of private chattels under regulation 37b.
4. Regulation 38b of the National Security (War Damage to Property) Regulations is amended by inserting in sub-regulation (2.), after the word “boat,”, the words “a refrigerator”.
Operation of former regulation 49.
5. The regulation formerly included in the National Security (War Damage to Property). Regulations as regulation 40 thereof shall be deemed to have had effect at all times during which it was in operation as if there had been inserted in that regulation, after the word “instrument”, the words “, a refrigerator”.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
Statutory Rules 1945 No. 178, under the National Security Act 1939-1943, was enacted to address the need for measures to minimise war damage to property and to amend compensation limits for certain private chattels. The Act was introduced by the Governor-General in Council, acting on the advice of the Minister of State for Defence, to implement necessary regulations for the protection of property and the provision of compensation during wartime. The policy objective of these regulations was to ensure that the National Security Commission could take appropriate action to preserve property from further war damage and to clarify the compensation limits for specific items such as refrigerators, thereby addressing gaps in the existing regulatory framework.
Scope and Application
The National Security (War Damage to Property) Regulations, 1945, made under the National Security Act 1939-1943, pertain to the protection of property against war damage and the compensation for such damages. The regulations apply to any property within the Commonwealth of Australia that has suffered damage due to war activities, allowing the Commission to take necessary measures to prevent further damage and expend funds for this purpose. The regulations extend to claims for compensation related to the damage of private chattels, including specific items such as boats and refrigerators. The scope of these regulations includes the modification of compensation limits for certain private chattels, reflecting the specific amendments made to include refrigerators in the coverage. These regulations are applicable nationwide, covering the entirety of the Commonwealth, and are subject to amendment through subordinate instruments as seen in the insertion and modification of regulations over the years.
Key Provisions
The main operative sections of these regulations include the insertion of new regulation 39a, which provides the Commission with the authority to take action and expend funds to prevent further war damage to property where compensation claims exist or may exist under these Regulations. This regulation is additional to any other powers the Commission might already have. Regulation 38a is also amended to include a refrigerator in the list of items eligible for compensation under certain conditions. Similarly, Regulation 38b is amended to include a refrigerator in the list of items eligible for compensation under other conditions. Lastly, the former regulation 49, now considered as regulation 40, is amended to include a refrigerator in the list of items eligible for compensation.
These regulations impose specific obligations on the Commission, which must now consider taking action to prevent further war damage to property when compensation claims exist or may exist. Additionally, the regulations require the Commission to include refrigerators in the categories of items eligible for compensation under specific conditions. The amendments ensure that refrigerators are treated similarly to other listed items for compensation purposes.
Breach of these regulations may not explicitly outline specific criminal or civil penalties within the text provided. However, under the broader authority of the National Security Act 1939-1943, failure to comply with regulations made under this Act could potentially result in legal consequences. Such consequences might include fines or other penalties as prescribed by the overarching legislation, although the exact penalties are not detailed within the text of these specific regulations.