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

STATUTORY RULES.

1940. No. 32.

––––––

REGULATION 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.

Date this fourteenth day of February, 1940.

Governor-General.

By His Excellency’s Command,

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

 

Amendment or the National Security (General) Regulations.

After regulation 20 of the National Security (General) Regulations the following regulation is inserted:—

Inventions and designs.

“21.—(1.) Subject to any directions of the Attorney-General, the Commissioner of Patents or the Registrar of Designs may, notwithstanding anything contained in any Act, if it appears to him to be necessary or expedient so to do in the interests of the public safety, the defence of the Commonwealth or the efficient prosecution of the war—

(a)omit or delay the doing of anything which he would otherwise be required to do in relation to any application made (whether before or after the commencement of this regulation) for the grant of a patent or the registration of a design; and

(b)prohibit or restrict the publication of information with respect to the subject matter of any such application or the communication of such information to any person or to particular persons or classes of persons.

 

* Notified in the Commonwealth Gazette on , 1940.

  Statutory Rules 1939, No. 87, as amended by Statutory Rules 1939, Nos. 103, 174 and 177; and 1940, No. 8.

377.—6/22.1.1940.—Price 3d.

“(2.) A person shall not, except under the authority of a written permit granted by, or on behalf of, the Commissioner of Patents or the Registrar of Designs, make any application for the grant of a patent, or the registration of a design, in any country outside Australia.

“(3.) The Attorney-General may, if it appears to him to be necessary or expedient in the interests of the public safety, the defence of Australia or the efficient prosecution of the war so to do, by order, require any person to furnish to the authority or person specified in the order any information in his possession relating to any invention, design or process specified in the order, or demanded of him by the authority or person.

“(4.) The right of a person to apply for, or obtain, a patent in respect of an invention or registration in respect of a design shall not be prejudiced by reason only of the fact that the invention or design has been communicated to a person in compliance with sub-regulation (3.) of this regulation, or used by a person in consequence of any such communication, and a patent in respect of an invention, or the registration of a design, shall not be held to be invalid by reason only that the invention or design has been so communicated or used.

“(5.) In connexion with the making, use or exercise of any invention or design on behalf of, or for the services of, the Crown, whether in pursuance of the Patents Act 1903-1935 or otherwise, the Attorney-General may authorize the use of any drawing, model, plan or other document or information in such manner as appears to him to be expedient in the interests of the public safety, the defence of Australia or the efficient prosecution of the war, notwithstanding anything to the contrary contained in any licence or agreement.

“(6.) In respect of any drawing, model, plan or other document or information so used, the Commonwealth shall pay to the person entitled to the benefit of the patent or design such reasonable compensation as is agreed upon, or as is, in default of agreement, settled by arbitration.

“(7.) The powers and functions conferred upon the Commissioner of Patents and the Registrar of Designs by this regulation may be exercised by a Deputy Commissioner of Patents and a Deputy Registrar of Designs, respectively.”.

 

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