National Security (Munitions) Regulations (Cth)

STATUTORY RULES.

1940. No. 111.

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REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939.*

I, THE DEPUTY OF 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.

Dated this fifteenth day of June, 1940.

WINSTON DUGAN

Deputy of the Governor-General.

By His Excellency’s Command,

ROBERT G. MENZIES

Minister of State for Defence Co-ordination.

––––––

National Security (Munitions) Regulations.

Citation.

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

Definitions.

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

“munitions” means armaments, arms, ammunition, weapons, vehicles, machines or aircraft, 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;

“the Department” means the Department of Munitions;

“the Minister” means the Minister of State for Munitions.

Functions of Department.

3. The Department shall deal with the following matters, namely:—

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

(b) Factories and establishments purchased or established or deemed to be established in pursuance of the Supply and Development Acts 1939; and

(c) Any other matter specified by the Governor-General to be a matter to be dealt with by the Department.

Regulations to be administered by Minister.

4.—(1.) The Minister shall be charged with the administration of—

(a) Part III. of the Supply and Development Acts 1939;

(b) the National Security (Aircraft Production Commission) Regulations; and

*Notified in the Commonwealth Gazette on 15th June, 1940.

3696.—Price 3d.

 

(c) insofar as they relate to the manufacture or supply of munitions—

(i) the Supply and Development (Administration) Regulations (other than Part I. thereof);

(ii) the Supply and Development (Factories) Regulations; and

(iii) 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 employee shall include a reference to a person employed in pursuance of these Regulations.

Existing officers and employees.

5.—(1.) A person who, immediately prior to the commencement of these Regulations, was employed in the Department of Supply and Development and was deemed to have been engaged in pursuance of the Supply and Development Acts 1939, and who is a person or one of a class of persons specified for the purposes of this regulation by the Minister of State for Munitions and the Minister of State for Supply and Development by notice published in the Gazette, shall, by force of this regulation cease to be employed under that Act and shall be employed in the Department of Munitions and shall be deemed to have been engaged in pursuance of these Regulations

(2.) Immediately prior to the expiration of the operation of these Regulations, all persons who, at that time, are officers or employees of the Department of Munitions and are engaged, or are deemed to have been engaged, in pursuance of these Regulations shall, by force of these Regulations, become officers or employees, as the case may be, under the Supply and Development Acts 1939.

(3.) All officers and employees specified in this regulation shall preserve all their existing and accruing rights.

(4.) For the purposes of this regulation the expression “existing and accruing rights” in relation to any officer or employee means rights in respect of—

(a) leave on the ground of illness;

(b) long service leave or pay in lieu thereof (including pay to dependants on the death of the officer or employee);

(c) superannuation;

(d) child endowment;

(e) in the case of a female officer or employee, payment on marriage,

to which, from time to time the officer or employee would be entitled if he had remained an officer or employee of the Department of Supply and Development or, as the case may be, if these Regulations had continued in force and he had remained an officer or employee of the Department of Munitions.

 

Director-General of Munitions.

6.—(1.) There shall be a Director-General of Munitions who shall have such powers as are prescribed by these Regulations.

(2.) The Director-General of Munitions shall not be subject to the Commonwealth Public Service Act 1922-1939.

General functions of Director-General.

7. The Director-General of Munitions 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 purposes of producing munitions;

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

(d) The employment and training of technicians, workmen and others for that purpose.

Special powers of Director-General.

8. In the exercise of his functions under these Regulations, the Director-General of Munitions may, on behalf of the Commonwealth, and within the limits of available funds—

(a) make and vary contracts or agreements;

(b) employ such persons as are necessary;

(c) direct any contractor with the Commonwealth or any person sub-contracting with such a contractor, as to the manner of carrying out the work for which he has contracted or 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 property held in connexion with the manufacture or supply of munitions.

Special expenditure.

9. If at any time the Director-General of Munitions is of opinion that expenditure should be incurred immediately in connexion with the administration of these Regulations, he may incur such expenditure without the approval of the Minister, but the power conferred by this regulation shall not be exercised so that the liability which has not been approved or confirmed by the Minister exceeds Two hundred and fifty thousand pounds at any one time.

Delegation by Director-General.

10.—(1.) The Director-General of Munitions may, by writing under his hand delegate all or any of his powers and functions under these Regulations (except this power of delegation) so that the delegated powers or functions may be exercised by the delegate.

(2.) Every delegation under this regulation shall be revocable at will, and no delegation shall prevent the exercise of any power or function by the Director-General of Munitions.

Conditions of employment.

11. A person employed under or in pursuance of these Regulations shall not be subject to the Commonwealth Public Service Act 1922-1939, but shall be engaged for such period and shall be subject to such conditions as are determined by order made by the Minister.

 

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