National Security (Munitions) Regulations (Cth)

STATUTORY RULES.

1945. No. 84.

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REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1943.*

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 1939-1943.

 

Dated this first day of June, 1945.

HENRY

Governor-General.

By His Royal Highness’s Command,

NORMAN J. O. MAKIN

for and on behalf of the Minister of State for Defence.

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National Security (Munitions) Regulations.

Citation.

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

Administration.

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

Commencement.

3. These Regulations shall come into operation on the first day of June, 1945.

Repeal of National Security (Munitions) Regulations.

4. The National Security (Munitions) Regulations, being Statutory Rules 1940, No. 111, 1941, Nos. 64 and 192, and 1942, No. 304, are repealed.

Suspension of operation of certain Regulations.

5. The operation of the Munitions Supply Regulations and of Part III. of the Supply and Development (Administration) Regulations in relation to any matter to or in respect of which these Regulations apply is suspended.

Definitions.

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

“factory” means any factory for, or any establishment, building, laboratory or work devoted to the purpose of, the manufacture or production of munitions which is owned

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* Notified in the Commonwealth Gazette on 1st June, 1945.

3191.—Price 5d.

or operated by the Commonwealth and is established or deemed to have been established in pursuance of these Regulations;

“munitions” means armaments, arms, ammunition, weapons, vehicles, machines, vessels or ships, and includes the materials necessary for the production of those things and also includes such things of whatsoever kind as the Minister by order declares to be munitions, but does not include aircraft;

“the Board” means the Board of Factory Administration constituted under these Regulations;

“the Chairman” means the Chairman of the Board of Factory Administration;

“the Controller-General” means the Controller-General of Munitions Supply;

“the Department” means the Department of Munitions;

“the Secretary” or “the Secretary to the Department” means the Secretary, Department of Munitions.

Regulations to be administered by Minister.

7.— (1.) The Minister shall be charged with the administration of the following Regulations, as amended from time to time, in so far as they relate to the manufacture or supply of munitions and the employment of persons in connexion therewith:—

(a) The Supply and Development (Administration) Regulations (other than Parts I. and III.);

(b) The Supply and Development (Factories) Regulations; and

(c) The Supply and Development (Staff) Regulations.

(2.) For the purposes of the administration by the Minister of the Regulations specified in the last preceding sub-regulation—

(a) any reference in those Regulations to the Minister or to the Minister of State for Supply and Development shall be read as a reference to the Minister of State for Munitions;

(b) any reference in those Regulations to the Secretary or to the Secretary, Department of Supply and Development, shall be read as a reference to the Secretary, Department of Munitions;

(c) any reference in those Regulations to the Department or to the Department of Supply and Development shall be read as a reference to the Department of Munitions; and

(d) any reference in those Regulations to an officer shall include a reference to an officer specified in regulation 8 of these Regulations, and any reference in the Supply and Development (Staff) Regulations to an employee shall include a reference to an employee specified in regulation 8 of these Regulations and to any person employed under these Regulations.

Existing officers and employees.

8.—(1.) A person who, immediately prior to the commencement of these Regulations, was, by force of regulation 5 of the Regulations repealed by regulation 4 of these Regulations or in pursuance of the Supply and Development Acts 1939, employed under that Act in the Department of Munitions shall continue to be so employed until his transfer in pursuance of sub-regulation (3.) of this regulation or the termination of his services according to law, whichever first happens.

2.) All persons who, immediately prior to the commencement of these Regulations, were employed in pursuance of the regulations repealed by regulation 4 of these Regulations shall continue to be employed as if regulation 12 of these Regulations had been in force at the time of their engagement, and those persons had been employed in pursuance of that regulation.

(3.) Immediately prior to the expiration of the operation of these Regulations, all persons who, at that time, are officers or employees employed under the Supply and Development Acts 1939 in the Department of Munitions shall, by force of this regulation, become officers or employees, as the case may be, of the Department of Supply and Shipping.

Factories.

9.—(1.) All factories which, immediately prior to the commencement of these Regulations, were maintained in pursuance of the regulations repealed by these Regulations, shall be deemed to have been established in pursuance of these Regulations.

(2.) Immediately prior to the expiration of the operation of these Regulations, all factories, established or deemed to have been established under these Regulations, which, at that time, are maintained in pursuance of these Regulations shall, by force of this regulation, be deemed to be factories established by the Governor-General in pursuance of the Supply and Development Acts 1939.

Functions of Department.

10. The matters to be administered by the Department shall be matters relating to—

(a) the manufacture, acquisition, provision and supply of munitions and all matters incidental thereto;

(b) factories purchased or established or deemed to have been established in pursuance of these Regulations; and

(c) arrangements for ascertaining costs and for the control and limitation of profits in relation to the production of munitions.

General functions of Minister.

11. The Minister shall have the direction and control of the following matters:—

(a) the operation and management of factories, workshops and undertakings concerned in the production of munitions;

(b) the acquisition by the Commonwealth and the establishment of factories and workshops for the, purpose of producing munitions;

(c) the securing of supplies of materials, plant, tools and equipment for that purpose;

(d) the employment and training of technicians, workmen and others for that purpose;

(e) the control of the nature and extent of the output or production of any person or authority engaged or capable of being engaged in the production of munitions; and

(f) the arrangements, and all action necessary, to secure the supply, manufacture, processing and delivery of munitions.

Special powers of Minister.

12. In the exercise of his functions under these Regulations, the Minister may, on behalf of the Commonwealth, and notwithstanding anything contained in any other law—

(a) make and vary contracts or agreements;

(b) employ in a temporary capacity such persons as are necessary;

(c) direct any contractor with the Commonwealth or with are authority of the Commonwealth or any person subcontracting with such a contractor, as to the manner of carrying out the work for which he has contracted of sub-contracted;

(d) requisition or compulsorily acquire any property (other than land) which he thinks necessary, including exclusive rights or licences and privileges;

(e) acquire by purchase any goods or chattels or things in action (including rights in relation to inventions); and

(f) sell or otherwise dispose of or turn to account or write of property held in connexion with the manufacture of supply of munitions.

Order of priority of execution of work.

13. Subject to the National Security (Aircraft Production) Regulations, any person or authority engaged or capable of being engaged in the production of munitions shall execute the work of production both as to munitions and aircraft (within the meaning of the National Security (Aircraft Production) Regulations) in such order of priority as is directed from time to time by or on behalf of the Minister.

Conditions of employment.

14. A person employed in pursuance of regulation 12 of these Regulations shall not be subject to the Commonwealth Public Service Act 1922-1943, but shall be employed in accordance with such conditions as are prescribed by the Supply and Development (Staff) Regulations, as amended for the time being.

Constitution of Board of Factory Administration.

15.— (1.) There shall be a Board of Factory Administration which shall consist of a Chairman and four other members who shall be appointed by the Minister and shall hold office during the pleasure of the Minister.

(2.) The Minister may appoint a person to be a temporary member of the Board for such period as the Minister specifies.

(3.) A temporary member of the Board while acting as such shall have and may exercise all the functions of a member of the Board.

(4.) The Minister may appoint persons to attend meetings of the Board in a consultative capacity.

Chairman and Deputy Chairman.

16.— (1.) The Controller General shall be the Chairman of the Board and shall preside at meetings of the Board.

(2.) The Minister may appoint one of the members of the Board to be Deputy Chairman.

(3.) In the absence of the Chairman, the Deputy Chairman shall have and may exercise all the functions of Chairman at a meeting of the Board.

Secretary to Board.

17. The Secretary to the Board shall be a permanent officer to be appointed by the Secretary to the Department.

Meetings of Board.

18.—(1.) Meetings of the Board shall be summoned by the Chairman, or, in the absence of the Chairman, by the Secretary.

(2.) Subject to these Regulations, the Board may make rules with respect to the order and conduct of the business at its meetings.

(3.) Three members of the Board shall form a quorum for the transaction of the business of the Board.

Functions of Board.

19.—(1.) The Board shall have and exercise and perform such powers, functions and duties in relation to the provision of munitions for the Defence services, including the maintenance and operation of factories, as are vested in or conferred upon it by these Regulations or assigned to it by the Minister.

(2.) Subject to these Regulations, the Board shall, in particular, be charged with the duty of—

(a) efficiently and economically conducting all factories and providing supplies demanded for the several Defence services and approved by the appropriate competent authority;

(b) co-ordinating the work of the several factories;

(c) dealing with any matter relating to the administration of the factories which is not prescribed or which is not governed by an instruction issued by the Minister; and

(d) conducting munitions research establishments.

Functions of Controller-General.

20. The Controller-General shall be responsible for the technical direction of the factories and the munitions research establishments.

Matters of policy.

21. Any matter arising out of its functions which affects the policy of the Government for the time being shall be referred by the Board to the Secretary for submission to the Minister.

Power to incur expenditure.

22. The Board may incur expenditure, within the limit of available funds, upon—

(a) the purchase of raw materials, fuel and maintenance stores of all kinds;

(b) any services required in connexion with a factory;

(c) repairs to works, buildings, plant, machinery, furniture and fittings in existing factories: and

(d) any new work, building, machinery, plant, furniture or fittings in a factory where the cost does not exceed Five thousand pounds.

Unserviceable, deficient or excess stores or plant.

23. (1.) Condemned, unserviceable, obsolete or deficient stores or obsolete, unfit, worn-out or deficient plant may be disposed of as provided in this regulation.

(2.) If the original value of the stores or plant did not exceed One hundred pounds, the Board may approve of the sale, disposal otherwise than by gift, or writing off of such stores or plant.

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(3.) If the original value of the stores or plant exceeded One hundred pounds, such stores or plant shall be written off or disposed of by sale or otherwise only with the written authority of the Minister, and, in the case of deficient stores or plant, the concurrence of the Treasurer shall also be necessary.

(4.) Where a deficiency in stores or plant is attributable to theft or fraud, any case in which the theft or fraud was committed by a permanent or temporary officer or employee shall be reported by the Board, through the Secretary, to the Auditor-General, and a copy of the report forwarded to the Treasurer.

(5.) The Board may approve of the taking on charge of excess plant or stores.

Delegation of powers of Board.

24.—(1.) The Board may, by writing under the hand of each member of the Board, delegate to any member of the Board any of the powers of the Board so that the delegated powers may be exercised by the delegate in respect of the matter or class of matters specified or defined in the instrument of delegation as fully and effectually as by the Board.

(2.) Any delegation under this regulation shall be revocable in writing at will and no delegation shall prevent the exercise of any power by the Board.

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