National Security (Army Investigation) Regulations (Cth)

STATUTORY RULES.

1942. No. 138.

 

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 nineteenth day of March, 1942.

GOWRIE

Governor-General.

By His Excellency’s Command,

F. M. FORDE

for and on behalf of the Minister of State for Defence Co-ordination.

 

National Security (Army Inventions) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Army Inventions) Regulations.

Administration.

2. These Regulations shall be administered by the Minister of State for the Army.

Definitions.

3. In these Regulations, unless the contrary intention appears—

“member” means a member of the Directorate;

“the Directorate” means the Army Inventions Directorate established under these Regulations.

Army Inventions Directorate.

4.—(1.) There shall be an Army Inventions Directorate, which shall be a body corporate with perpetual succession and a common seal.

(2.) The Directorate shall consist of—

(a) a Chairman;

(b)a Deputy Chairman;

(c) the Chief Executive Officer of the Directorate; and

(d)such other members as the Minister thinks fit.

 

* Notified in the Commonwealth Gazette on 20th March, 1942.

1994.-Price 3d.

 

(3.) The members shall be appointed by the Minister and shall hold office during the pleasure of the Minister.

(4.) The Chairman, or, in his absence, the Deputy Chairman, shall preside at the meetings of the Directorate and, in the absence of both the Chairman and the Deputy Chairman from any meeting, the members present at that meeting may elect one of their number to preside at that meeting.

Meeting

5.—(1.) The Directorate shall meet at such times and places as the Chairman directs.

(2.) At all meetings of the Directorate five members shall form a quorum.

(3.) All questions before the Directorate shall be decided by a majority of votes.

(4.) The person presiding at a meeting of the Directorate shall have a deliberative vote and, in the event of an equality of votes, shall also have a casting vote.

Chief Executive Officer of the Directorate

6.—(1.) For the purposes of those Regulations, the Minister may appoint a Chief Executive Officer of the Directorate.

(2.) The Chief Executive Officer shall have such powers and functions as are conferred on him by or under these Regulations.

Remuneration andallowances.

7. There shall be payable to each member of the Directorate such remuneration (if any) for their services and travelling allowances at such rates as the Minister determines.

Powers and functions of the Directorate.

8.—(1.) The Directorate, subject to any direction of the Minister, shall be charged with the administration of these Regulations and of all matters arising thereout and incidental thereto.

(2.) The Directorate shall, subject to the approval of the Minister, consider and investigate—

(a) all inventions, new devices and ideas submitted to the Directorate ; and

(b) any scientific or technical problems in connexion with the defence of the Commonwealth.

(3.) The Directorate may make recommendations to the Minister as to—

(a) the policy and work of the Directorate;

(b) the funds required for carrying out the work of the Directorate; and

(c) the allocation of funds made available for carrying out that work.

(4.) For the purposes of exercising its powers, and performing its functions under sub-regulation (2.) of this regulation, the Directorate may—

(a) make use of such authorities of the Commonwealth as the Minister approves;

(b) authorize the Chief Executive Officer to make arrangements for the employment, engagement or utilization of such persons, institutions or facilities as the Directorate or that Officer deems necessary, and upon such terms and conditions as the Directorate or that Officer, as the case may be, determines; and

 

(c) establish, or may authorize the Chief Executive Officer to establish, such scientific and technical panels as the Directorate or that Officer deems necessary for the purposes of these Regulations, and upon such terms and conditions as the Directorate or that Officer, as the case may be, determines.

(5.)The Chief Executive Officer may, within the limits of available minds, incur expenditure not exceeding Five hundred pounds in any one case in the exercise of any authority conferred on him in pursuance of the last preceding sub-regulation.

Invention by officers and employees.

9. All inventions made by officers and employees appointed in pursuance of these Regulations shall be vested in the Directorate, and may be made, used, exercised or vended by the Commonwealth under such conditions and upon payment of such fees or royalties or otherwise as the Minister determines.

Prohibition on publication of information as to certain inventions.

10. Where it appears to the Chief Executive Officer to be necessary or expedient so to do in the interests of public safety, the defence of the Commonwealth or the efficient prosecution of the war, he may, by order, prohibit the publication, except with the consent of the Chief Executive Officer, of information with respect to the subject-matter of any invention, new idea or device submitted to the Directorate or the communication of such information to any person or to particular persons or classes of persons.

Officers and employees.

11.—(1.) The Chief Executive Officer may, subject to any directions of the Directorate, appoint such officers and such casual and temporary employees as he deems necessary for the purposes of these Regulations, and at such rates of pay and upon such conditions of employment as determined by the Public Service Board.

(2.) Officers and employees appointed under these Regulations shall be exempt from the provisions of the Commonwealth Public Service Act 1922-1941.

 

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