1National Security (Military Forces) Regulations

STATUTORY RULES.

1941. No. 1.

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.*

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 1939-1940.

Dated this ninth day of January, 1941.

GOWRIE

Governor-General.

By His Excellency’s Command,

ROBERT G. MENZIES

Minister of State for Defence Co-ordination.

National Security (Military Forces) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Military Forces) Regulations.

Appointment of officers of Military Forces in time of war.

2. Notwithstanding anything contained in Section 148 of the Defence Act 1903-1939, the Governor-General may, during any war in which His Majesty is or may be engaged, appoint persons who are not graduates of the Military College established pursuant to the provisions of Section 147 of that Act to be officers of the Permanent Military Forces of the Commonwealth.

Suspension of necessity to pass examination prior to appointment or promotion.

3. Notwithstanding anything contained in the Defence Act 1903-1939 or the Australian Military Regulations, the Governor-General may, during any war in which His Majesty is or may be engaged, appoint any person to be an officer in, or promote an officer of, the Active Military Forces of the Commonwealth if lie considers that person or officer to be qualified for the appointment or promotion, although he has not passed such examination as is prescribed by those Regulations for the rank to which he is appointed or promoted, as the case may be.

* Notified in the Commonwealth Gazette on 13th January, 1941.

Termination of appointment or promotion.

4. Any appointment or promotion made in pursuance of the powers conferred by these Regulations shall be held during the pleasure of the Governor-General:

Provided that any such appointment or promotion shall not continue to have any force or effect after the National Security Act 1939-1940 has ceased to be in operation.

Appointment or promotion not civil contract.

5. No appointment or promotion of an officer pursuant to these Regulations shall create a civil contract between the King or the Commonwealth and the person so appointed or promoted.

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