National Security (General) Regulations (Amendment) (Cth)

STATUTORY RULES.

1941. No. 171.

––––––

REGULATION 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 Regulation under the National Security Act 1939-1940.

Dated this twenty fourth day of July, 1941.

Governor-General.

By His Excellency’s Command,

Minister of State for Defence Co-ordination.

 

Amendment of the National Security (General) Regulations.

Regulation 57a of the National Security (General) Regulations is repealed and the following regulation inserted in its stead:—

Use of inventions for the services of the Commonwealth.

“57a.—(1.) At any time after a patent has been granted or an application for a patent has been received in the Patent Office (whether the patent has been granted or the application has been received before or after the commencement of this regulation)—

(a) the Commonwealth may make, use and exercise the invention in connexion with the defence of the Commonwealth; and

(b) any contractor with the Commonwealth, and any person performing any work or service, or supplying any goods, necessary for the execution of any contract with the Commonwealth, may make, use, exercise and vend the invention for the services of the Commonwealth in connexion with the defence of the Commonwealth.

 

* Notified in the Commonwealth Gazette on  , 1941.

  Statutory Rules 1939, No. 87, as amended by Statutory Rules 1939, Nos. 103, 174 and 177; 1940, Nos. 8, 32, 34, 45, 67, 71, 90, 91, 93, 113, 118, 119, 120, 127, 171, 175, 187, 191, 243, 246, 261, 262, 263, 264 and 270; and 1941, Nos. 2, 8, 9, 40 and 69.

2515.—16/19.5.1941.—Price 3d.

“(2.) The terms on which any invention may be made, used, exercised

or vended in pursuance of the last preceding sub-regulation shall

be—

(a) where the invention is made, used or exercised by the Commonwealth—such terms as are, either before or after the making, use or exercise of the invention, agreed upon, or, in default of agreement, as are fixed by the Attorney-General; or

(b) where the invention is made, used, exercised or vended by any contractor with the Commonwealth or by any person performing any work or service, or supplying any goods, necessary for the execution of any contract with the Commonwealth—such terms as are, either before or after the making, use, exercise or vending of the invention, agreed upon with the approval of the Attorney-General, or, in default of agreement, as are fixed by the Attorney-General.

“(3.) The terms of any agreement (other than an agreement entered into in pursuance of the last preceding sub-regulation) or licence entered into between an inventor, applicant, patentee or licensee from a patentee, and any person shall be inoperative in so far as they are inconsistent with the provisions of this regulation or of any agreement made in pursuance of this regulation.

“(4.) The Attorney-General may, in fixing or approving the terms for the making, use, exercise or vending of an invention, take into consideration any benefit or compensation which the inventor, applicant or patentee, or any person interested in the invention, has received directly or indirectly from the Commonwealth in respect of the invention.

“(5.) The right to make, use or exercise an invention under paragraph (a) of sub-regulation (1.) of this regulation shall include power to sell any goods made in pursuance of that right which are no longer required by the Commonwealth.”.

 

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