Commonwealth legislation

National Security (Courts Emergency Powers) Regulations (Amendment)

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Act Number

9 of 1940

Collection

legislative instrument

Plain English Summary

1/10 complexity

This 1940 wartime regulation makes a minor technical amendment to rules giving Australian courts special powers during the national emergency (World War II).

What it does

Adds a definition of "war service" to the existing Courts Emergency Powers Regulations
States that "war service" means exactly the same thing here as it does in the Defence Act 1903-1939

Who it affects

Primarily affects military personnel and courts dealing with service members during WWII
Ensures judges and magistrates use the same definition of military service as found in defence law when exercising emergency powers

Why it matters This is a housekeeping amendment. By importing the definition from the Defence Act, it prevents confusion and inconsistent interpretation when courts handle cases involving people on military service during the war. It keeps the legal language synchronized across wartime legislation without changing anyone's rights or obligations.

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Current sections

Direct links to the current provisions in National Security (Courts Emergency Powers) Regulations (Amendment).

National Security (Courts Emergency Powers) Regulations (Amendment)

STATUTORY RULES.

1940. No. 9.

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939.*

I, 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.

Dated this tenth day of January, 1940.

GOWRIE

Governor-General.

By His Excellency’s Command,

ROBERT G. MENZIES

Minister of State for Defence Co-ordination.

Amendment of the National Security (Courts Emergency Powers) Regulations.†

Definitions.

Regulation 2 of the National Security (Courts Emergency Powers) Regulations is amended by adding at the end of sub-regulation (1.) the following definition:—

“‘war service’ has the same meaning as in the Defence Act 1903-1939.”

* Notified in the Commonwealth Gazette on 11th January, 1940.

† Statutory Rules 1939, No. 165.

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

253.—Price 3d.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 National Security (Courts Emergency Powers) Regulations (Amendment)