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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
These Regulations equip Ministers and authorised officers with broad emergency powers to protect the Commonwealth during war or national‑security crises. They enable control of access to places and areas, communications, movement, shipping and aircraft, industry and essential services, and permit requisitioning and use of property.
They create criminal offences, search, arrest and censorial powers, licensing and record‑keeping duties, and civil controls that apply to civilians, businesses, public utilities, constables and Defence Force members. The measures shift decision‑making to executive authorities and impose compliance costs, potential forfeiture and criminal penalties for breaches.
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Direct links to the current provisions in Defence (National Security - General) Regulations.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
STATUTORY RULES
1939. No. 73.
REGULATIONS RELATING TO NATIONAL SECURITY
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, in pursuance of the powers conferred by the Defence Act 1903-1939 and all other powers me thereunto enabling, hereby make the following Regulations.
Dated this twenty-fifth day of August, 1930.
GOWRIE
Governor-General.
By His Excellency’s Command,
PERCY C. SPENDER,
for Minister of State for Defence.
DEFENCE (NATIONAL SECURITY—GENERAL) REGULATIONS.
Part I.—Preliminary.
Citation.
Parts.
Part I.—Preliminary.
Part II.—Espionage and Acts likely to assist an Enemy,
Part III.—Public Safety and Order.
Part IV.—Ships and Aircraft.
Part V.—Essential Supplies and Work.
Part VI.—Miscellaneous.
Definitions.
3.—(1.) In these Regulations, unless the contrary intention appears—
“aircraft” means any machine which can support itself in the atmosphere from the reactions of the air upon it, and includes balloons, whether fixed or free, airships, gyroplanes, aeroplanes, gliders and kites;
“ammunition” means ammunition for any firearm, and includes grenades, bombs and other like missiles, whether capable of use with a firearm or not;
“billeting” means the provision of accommodation by way of lodging, or food or both and either with or without attendance;
“Commonwealth officer” means any person holding office under the Commonwealth, and includes any person permanently or temporarily employed in the Public Service of the Commonwealth or in or in connexion with the Defence Force, or in the service of any authority or body constituted by or under any Act ;
“constable” includes any member of the Police Force of the Commonwealth or of a State or Territory of the Commonwealth, and any Peace Officer appointed in pursuance of the Peace Officers Act 1925;
* Notified in the Commonwealth Gazette on 25th August, 1939.
5324.—Price 1s. 9d.
“Defence Force” means the Defence Force of the Commonwealth;
“document” includes part of a document;
“enemy alien” means a person who, not being either a British subject or a person enjoying His Majesty’s protection, possesses the nationality of a State at war with His Majesty;
“essential services” means such services as are declared by order of the Minister to be of public utility or to be essential for the prosecution of the war or essential to the life of the community;
“firearm” means any lethal barrelled weapon of any description from which any shot, bullet or other missile can be discharged, and includes any weapon whatsoever which the Minister by order declares to be a firearm;
“fire brigade” means a fire brigade maintained in accordance with law and includes any fire brigade maintained by a local governing authority or employed for the purposes of an undertaking engaged in the performance of essential services;
“information” means any information, whether true or false, and includes—
(a) any opinion relating to any person, place or thing; and
(b) the report of any conversation relating to any person, place or thing;
“land” includes, without prejudice to any of the provisions of section twenty-two of the Acts Interpretation Act 1901-1937, land covered with water, and buildings or parts of buildings ;
“law” means law of the Commonwealth or of any State or Territory of the Commonwealth ;
“local governing authority” means a municipal council or like body;
“mayor” means the chairman of a local governing body, and includes any person presiding over a local governing body;
“member of a fire brigade” includes any auxiliary fireman attached to a fire brigade;
“munitions of war” includes the whole or any part of any ship, submarine, aircraft, tank or similar engine, arms, ammunition, bomb, torpedo, mine, or other article, material or device (whether actual or proposed), intended or adapted for use in war ;
“police” means police of the Commonwealth or of a State or Territory of the Commonwealth;
“postal article” has the same meaning as in the Post and Telegraph Act 1901-1934;
“prisoner of war” means a prisoner of war in the power of His Majesty;
“prohibited place” means premises declared in pursuance of these Regulations to be a prohibited place for the purposes of these Regulations;
“protected area” means an area declared in pursuance of these Regulations to be a protected area for the purposes of these Regulations ;
“public utility undertaking” means any of the following undertakings the carrying on of which is authorized by or under any law, that is to say:—
(a) any undertaking for the supply of electricity, gas or water;
(b) any transport, dock, harbour or pier undertaking;
(c) any sewerage or sewage disposal undertaking, or any undertaking for the collection or disposal of refuse ; or
(d) any undertaking of a drainage authority,
and includes any such undertaking which is carried on by a local governing authority;
“quartering” has the same meaning as “billeting” ;
“requisitioned” means, in relation to any property, taken possession of or required to be placed at the disposal of the requisitioning authority and “requisitioning” has a corresponding meaning ;
“seaplane” includes a flying boat and any other aircraft designed to manœuvre on the water ;
“submarine cable” means any submarine cable used or capable of being used for telegraphic or telephonic purposes, and includes all stations, instruments, land wires and appliances used in connexion with any submarine cable;
“the war” means any war in which His Majesty is at any time engaged;
“war offence” means—
(a) treason, in so far as it consists in adhering to the King’s enemies, giving them aid and comfort; or
(b) an offence against these Regulations;
“wireless receiving apparatus” means apparatus for receiving communications or information made or given by wireless telegraphy, wireless telephony or wireless television;
“wireless transmitting apparatus” means apparatus for making communications by means of wireless telegraphy, wireless telephony or wireless television.
(2.) For the purposes of these Regulations, the person for the time being in charge of any vessel or aircraft shall be deemed to be the master of the vessel or the pilot of the aircraft, as the case may be.
(3.) Any reference to the making, sending or receiving of communications which is made in any of the provisions of these Regulations relating to wireless telegraphy, wireless telephony or wireless television shall be construed as including a reference to the giving of warning or information or, as the case may be, to the receiving of warning or information.
(4.) The Acts Interpretation Act 1901-1937 shall apply to the interpretation of any orders, rules or by-laws made under these Regulations as it applies to the interpretation of regulations and for the purposes of section forty-six of that Act, those orders, rules and by-laws shall be deemed to be Acts.
Part II.—Espionage and Acts Likely to Assist an Enemy.
Access to certain Premises and Areas.
Prohibited places.
4.—(1.) If it appears to the Minister to be necessary or expedient in the interests of the defence of the Commonwealth or the efficient prosecution of the war, or for maintaining supplies and services essential to the life of the community, that special precautions should be taken for the security of any place, he may by order declare that place to be a prohibited place for the purpose of these Regulations.
(2.) A person shall not without lawful authority (proof whereof shall lie upon him) enter, approach, inspect, pass over or be in or in the neighbourhood of a prohibited place.
(3.) A person who, with lawful authority, enters, approaches, inspects, passes over, or is in or in the neighbourhood of any prohibited place shall comply with any directions for regulating his conduct which are given by the officer or other person in charge of the prohibited place.
(4.) If any person is in or in the neighbourhood of a prohibited place in contravention of this regulation, or, while in or in the neighbourhood of such a place, fails to comply with any direction given by the officer or other person in charge of the prohibited place, he may, without prejudice to any proceedings which may be taken against him, be removed therefrom by any constable or Commonwealth officer or any person authorized in that behalf by the officer or other person in charge of the prohibited place.
(5.) A prohibited place within the meaning of section eighty of the Crimes Act 1914-1937 shall be deemed to be a prohibited place for the purposes of these Regulation.
Protected areas.
5.—(1.) Without prejudice to any other provision of these Regulations, the Minister, if satisfied with respect to any area that it is necessary or expedient in the interests of the defence of the Commonwealth or the efficient prosecution of the war, to regulate the entry of persons into that area, may by order declare that area to be a protected area for the purpose of these Regulations; and so long as the order is in force, then, on and after such day as is specified in the order, and subject to any exemptions for which provision is made by the order, no person who was not at the beginning of that day resident in the protected area shall be therein without the permission of such authority or person as is specified in the order.
(2.) If any person is in a protected area in contravention of this regulation, he may, without prejudice to any proceedings which may be taken against him, be removed from the area by or under the directions of any constable or any Commonwealth officer on duty in the area.
Controlled areas.
(a) any prohibited place or protected area; or
(b) any place in relation to which it appears to the Minister to be necessary to take special precautions owing to the presence in that place of members of the Defence Force or munitions of war,
make such by-laws for regulating the conduct of persons in that place or area as the authority making the by-laws thinks necessary for the protection of persons and property in that place or area, for safeguarding the discipline and efficiency of members of the Defence
Force therein, or for facilitating the enforcement therein of these Regulations; and by-laws made in relation to any place in pursuance of paragraph (b) of this regulation may make provision for restricting access to that place, and for removing therefrom any person who is therein in contravention of the by-laws.
Trespassing and loitering.
7.—(1.) A person shall not—
(a) trespass on, or on premises in the vicinity of, any premises to which this regulation primarily applies; or
(b) unlawfully enter or board any vehicle, vessel or aircraft used appropriated for any of the purposes of any service of the King or the Commonwealth, or trespass on premises in the vicinity of any such vehicle, vessel or aircraft.
(2.) If any person is found trespassing on any premises in contravention of sub-regulation (1.) of this regulation, or is found on any vehicle, vessel or aircraft on any occasion on which he has entered or boarded it in contravention of that sub-regulation, he may, without prejudice to any proceedings which may be taken against him, be removed by the appropriate person from the premises or from the vehicle, vessel or aircraft, as the case may be.
(3.) A person shall not, for any purpose prejudicial to the public safety or the defence of the Commonwealth, be in, or in the vicinity of, any premises to which this regulation primarily applies or of any such vehicle, vessel or aircraft.
(4.) Where, in any proceedings taken against a person in pursuance of sub-regulation (3.) of this regulation, it is proved that at the material time he was present in, or in the vicinity of, the premises, vehicle, vessel or aircraft concerned, the prosecution may thereupon adduce such evidence of the character of that person (including evidence of his having been previously convicted of any offence) as tends to show that he was so present for a purpose prejudicial to the public safety or the defence of the Commonwealth.
(5.) A person loitering in the vicinity of any premises to which this regulation primarily applies or of any such vehicle, vessel or aircraft, shall not continue to loiter in that vicinity after being requested by the appropriate person to leave it.
(6.) The premises to which this regulation primarily applies are premises used or appropriated—
(a) for any of the purposes of the service of the Crown or for defence against, or protection from, an enemy ; or
(b) for the performance of any essential services.
(7.) In this regulation, the expression “the appropriate person” means—
(a) any Commonwealth officer;
(b) any constable ; or
(c) the person occupying the premises or being in charge of the vehicle, vessel or aircraft, as the case may be, or any person thereto authorized by him.
Control of highways over or near defence works and protected places.
any such place or work, and for prohibiting or restricting the exercise of any right of way over, or the use of any waterway passing through, any such place, work or land.
Control of Means of Communication.
Signalling to foreign vessels or aircraft.
Provided that nothing in this regulation shall restrict the making of any signal by any person in the service of the Crown acting in the course of his duty as such, or the making; of any signal for the purpose only of saving life or of regulating or aiding the navigation, on the water or in the air, of any vessel or aircraft other than a vessel or aircraft being used in the service of a Power at war with His Majesty.
Signalling apparatus.
Provided that nothing in this regulation shall restrict the doing of anything by any person in the service of the Crown or any constable acting in the course of his duty us such, or shall apply—
(a) in relation to any wireless transmitting apparatus; or
(b) in relation to any apparatus forming part of the equipment of a vessel or aircraft, being an apparatus which is required by law to be carried therein.
Wireless telegraphy, submarine cables, &c.
11.—(1.) The Postmaster-General may by order direct that, subject to any exemptions for which provision is made by the order, a person shall not, except under the authority of a written permit granted by such authority or person as is specified in the order, have in his possession or under his control—
(a) any article specified in the order, being an article which is designed for the purpose only of being used for the operation of wireless transmitting apparatus; or
(b) any wireless receiving apparatus specified in the order, being a type of apparatus which is designed to be used also as wireless transmitting apparatus or which ap
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