This Act has been repealed and is no longer in force. It is retained for historical reference.
Jurisdiction
Commonwealth
Act Number
87 of 1939
Collection
legislative instrument
Plain English Summary
9/10 complexity
What these Regulations do, in plain language
Mechanically, the National Security (General) Regulations give Commonwealth Ministers and people they authorise a large set of powers to issue orders and take actions that alter ordinary legal and commercial arrangements during the war. Those powers cover: restricting entry to or movement in areas and premises (Reg 4–8, 32–39); controlling communications including wireless, postal articles and censorship (Reg 9–16); regulating information, inventions, photography and meteorological data (Reg 17, 19–21); restricting individuals’ movements, detaining or imposing conditions on persons (Reg 22–26); requisitioning or taking possession of land and other property and directing its use (Reg 53–58); controlling industry, prices and essential supplies (Reg 59–60); regulating ships, aircraft and ports (Reg 45–52, 64–66); powers of search, seizure and arrest and related criminal offences (Reg 79–83); and various administrative powers (licences, notices, fees, disclosure restrictions) (Reg 71–78, 86–89).
Who is affected
Individuals (residents, travellers, employees, prisoners of war) — by curfews, movement restrictions, detention orders, search powers and criminal offences (Reg 23, 25, 26, 38, 79–82).
Businesses and undertakings (public utilities, transport operators, postal agents, manufacturers, shipping/aviation companies) — by directions about operation, pricing, requisition and inspection (Reg 15, 45, 47, 57, 59–60).
Owners or occupiers of land and property — by orders to take possession or use land, by requisition and by potential removal or destruction of goods (Reg 53–58, 34, 54).
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
Owners/users of communications equipment (wireless, signalling apparatus, carrier pigeons) — by licensing and seizure powers (Reg 10–13, 11(2)).
The broader public — through censorship, restrictions on publications, processions, uniforms and propaganda (Reg 16, 42–44).
Stated purpose and the text’s framing
The Regulations explicitly frame these powers as exercisable where the Minister considers they are "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" (see, e.g., Reg 4, 5, 11, 16, 17, 32, 53, 59). That language is the statutory criterion repeated throughout the instrument.
Costs, incentives and trade‑offs (mechanisms, with section citations)
Centralised discretion: many powers are triggered by the Minister's satisfaction that an action is "necessary or expedient" (Reg 4, 5, 11, 16, 32, 54, 57, 59). That makes the executive the decision point for when normal legal rules are suspended or altered. The Regulations permit delegation of those opinions (Reg 88).
Compliance burden on private parties: businesses must obtain permits, keep records (postal agents: Reg 15(1)–(4)), submit returns and allow inspections (Reg 59(1)(d), Reg 60(2)–(3)), and may face searches (Reg 79–80). Individuals may need written permits to enter areas or to possess restricted items (Reg 5, 10, 19, 26).
Transfer and use of private resources for public ends: Ministers may requisition property other than land and use or dispose of it "as if he were the owner" (Reg 57(1)–(2)); land may be taken into possession and used for military or essential-service purposes (Reg 54(1)–(2)). Compensation is payable for loss or damage by agreement or by court action (Reg 54(4), Reg 57(4)).
Direct financial effects and payment flows: there are express provisions for payment where the state uses private resources — billeting payments to occupiers (Reg 32(4)); compensation for use or damage to land (Reg 54(4)); fees for permits up to a stated cap (Reg 77). Recovery of expenses is also possible where a private party had an existing duty but failed to perform it (Reg 86).
Criminal enforcement and evidentiary reach: multiple offences are created (espionage, sabotage, misleading acts, interference) with enforcement by constables or Commonwealth officers and prosecutions often require Attorney‑General consent for particular offences (see Reg 17, 28–31, 41–42, 82–83). Some offences allow conviction on inferred purpose from conduct or character (Reg 7(4), Reg 20(2), Reg 31(3)), which broadens prosecutorial options.
Administrative discretion with procedural checks: for some intrusive actions affecting individuals (restriction/detention orders, Reg 26) the regulations require advisory committees with judicially experienced chairmen and allow objections and rules for procedure (Reg 26(2)–(4)). For disposals of seized items, courts must be satisfied it is necessary in the stated public‑interest terms (Reg 84(2), (5)).
Concentrated benefits, diffuse costs and substitution effects (mechanics)
Benefits flow in a concentrated way to those authorised to use requisitioned assets or to undertake directed work (e.g., defence forces, essential-service operators) because Ministers may direct use and control of property (Reg 53–58).
Costs (restrictions on movement, lost use of property, compliance costs, criminal liability exposure) fall across many private parties and the public (Reg 23–26, Reg 54, Reg 57, Reg 15).
Substitution effects can occur where private service provision shifts to state direction (Reg 59(4) permits a Minister to carry on undertakings or authorize another to do so and to act as agent for the undertakers), which changes contractual relationships and managerial control.
Implementation, enforcement and discretion risks (mechanics)
Broad enabling phrases ("if it appears to the Minister to be necessary or expedient" — see Reg 4, 5, 11, 16, 32, 53, 54, 57, 59) create legal uncertainty for private parties about when restrictions will be imposed.
Enforcement powers are given to constables, Commonwealth officers and members of the Defence Force with authority to use reasonable force, conduct searches, seize items and remove people or property (Reg 4(4), Reg 11(4), Reg 24(2), Reg 33(3), Reg 79–80).
Procedural safeguards are limited in many areas; some procedures specify defences (e.g., due diligence as defence for contraventions involving apparatus; Reg 11(3) proviso) and for some orders the right to object to advisory committees is provided (Reg 26(2)–(4)), but many other orders rely on Ministerial direction alone.
Who pays (explicit payment rules in the text)
Compensation for land or property requisition/damage: by agreement or litigation against the Minister (Reg 54(4), Reg 57(4)).
Payment for billeting: prescribed by Ministerial order (Reg 32(4)).
Fees for licences/permits: may be charged up to a stated maximum (Reg 77).
Recovery of expenses: where the Commonwealth performs work that a private party ought to have done, costs may be recovered as a debt (Reg 86).
Summary statement of effect
Legally, these Regulations create a detailed, wide-ranging emergency statutory framework that vests substantial operational and regulatory powers in Ministers and their delegates to control movement, communications, property, industry and information during the war. The text pairs extensive executive discretion with a limited set of statutory payment and procedural rules (compensation, advisory committees for some detention decisions, limited defences), and places significant compliance and criminal risk on individuals and businesses that operate in communications, transport, utilities, shipping/aviation, and certain trades. The operative test throughout is whether actions are "necessary or expedient" for defence, war prosecution or maintaining essential services (see Reg 3 definition of "the Act" and the repeated criterion in Reg 4, 16, 32, 53, 59).