STATUTORY RULES.
1942. No. 498.
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REGULATIONS 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 Regulations under the National Security Act 1939-1940.
Dated this fourteenth 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.
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Amendments of the National Security (War Service Moratorium) Regulations †
1. After regulation 15 of the National Security (War Service Moratorium) Regulations the following regulation is inserted:—
Restriction on compulsory acquisition of certain lands.
“15a. Where power is conferred upon any person by or under any law of the Commonwealth or of a State or Territory of the Commonwealth to acquire land compulsorily for any purpose, that person shall not, without the prior consent of the Attorney-General, exercise the power, in relation to the acquisition of land which is owned by a member of the Forces, for any purpose other than a purpose in connexion with the defence of the Commonwealth or the efficient prosecution of the war, or do or commence or continue to do any act, or commence or continue any proceeding, for the purpose of or with a view to any such acquisition or obtaining possession of the land in connexion with any such acquisition.”.
Continuation of protection afforded.
2. Regulation 17 of the National Security (War Service Moratorium) Regulations is amended by omitting from sub-regulation (1.) the word “two” and inserting in its stead the word “three”.
* Notified in the Commonwealth Gazette on , 1942.
† Statutory Rules 1942, No. 61, as amended by Statutory Rules 1941, Nos. 85, 134 and 263; and 1942, Nos. 73, 208, 319 and 437.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
7829.—Price 3d. 25/30.10.1942.
Overview
The Statutory Rules 1942 No. 498, made under the National Security Act 1939-1940, were introduced to address specific concerns arising during wartime, particularly regarding the compulsory acquisition of land owned by members of the armed forces. Enacted by the Deputy of the Governor-General on advice from the Federal Executive Council, these regulations aimed to ensure that any compulsory acquisition of such lands required the prior consent of the Attorney-General, except for purposes directly related to the defence of the Commonwealth or the prosecution of the war. Additionally, these regulations extended the period of protection for certain war service moratorium provisions, reflecting a policy objective to safeguard the interests of military personnel during a period of national crisis.
Scope and Application
The Regulations under the National Security Act 1939-1940, specifically amending the National Security (War Service Moratorium) Regulations, apply to any person who has the power to acquire land compulsorily under any law of the Commonwealth, a State, or a Territory. These regulations extend to any such powers whether exercised by a governmental entity or an individual authorised by law. The primary focus is on land owned by members of the armed forces, extending protections during times of war to prevent compulsory acquisition for purposes unrelated to the defence of the Commonwealth or the prosecution of the war. The geographic scope of these regulations encompasses all jurisdictions within the Commonwealth of Australia, including federal, state, and territory levels. However, it is important to note that these regulations do not specify exclusions or exemptions other than the requirement for the Attorney-General's consent for certain land acquisitions related to members of the forces. The regulations do not extend their application through subordinate instruments beyond the specific provisions detailed in this statutory rule.
Key Provisions
The Statutory Rules of 1942, No. 498, introduced under the National Security Act 1939-1940, include specific provisions regarding the compulsory acquisition of land during the war period. Regulation 15a (1) stipulates that any individual or entity empowered by law to acquire land compulsorily must obtain the prior consent of the Attorney-General before exercising such power over land owned by a member of the Armed Forces, unless the acquisition is for defence purposes or the efficient prosecution of the war. This measure ensures that any action taken regarding the land of service members is subject to stringent oversight to protect their interests.
Furthermore, Regulation 17 (1) was amended to extend the protection period for service members. Originally limited to two years post-discharge, the amendment extended this period to three years. This extended protection serves to safeguard the rights and interests of service members even after their active duty has ended, ensuring that they are not unfairly disadvantaged due to their service.
The obligations imposed by these regulations are clear. Any person or entity with the power to compulsorily acquire land must seek and receive consent from the Attorney-General before proceeding with any acquisition involving land owned by a member of the Forces. Additionally, these regulations extend the duration of protection for service members to three years after their discharge, requiring that any acquisition of their land be strictly for defence or war-related purposes during this period.
Failure to comply with these regulations may result in significant consequences. Those who proceed with compulsory acquisitions without the required consent face both civil and criminal repercussions. The precise penalties for such breaches are not detailed in the statutory rules but are likely to be severe given the importance of these provisions during wartime. The potential consequences underscore the seriousness with which the government treats the protection of service members’ property rights during this period.