Supply and Development (Administration) Regulations (Cth)

STATUTORY RULES.

1939. No. 97.

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REGULATIONS UNDER THE SUPPLY AND DEVELOPMENT 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 Regulations under the Supply and Development Act 1939.

Dated this Twenty First day of September, 1939.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

R. G. CASEY

Minister of State for Supply and Development.

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SUPPLY AND DEVELOPMENT (ADMINISTRATION) REGULATIONS.

Part I.—Preliminary.

Citation.

1. These Regulations may be cited as the Supply and Development (Administration) Regulations.

Commencement.

2. These Regulations shall be deemed to have come into operation on the first day of July, 1939.

Suspension of Munitions Supply Regulations.

3. The Munitions Supply Regulations (Statutory Rules 1936, No. 112, as amended by Statutory Rules 1936, No. 153, and 1937, No. 46) shall not have effect in relation to any matter dealt with by these Regulations during the continuance in operation of these Regulations.

Parts.

4. These Regulations are divided into Parts as follows:—

Part I.—Preliminary.

Part II.—Principal Supply Officers Board.

Part III.—Factory Board.

Part IV.—Contract Board.

Part V.—Defence Supply Planning Committee.

Part VI.—Aircraft Construction.

Definitions.

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

“Air Board” means the Air Board constituted under the Air Force Regulations;

“factory” means a munitions factory, and includes any establishment, building, laboratory or work established or deemed to have been established under the Act;

* Notified in the Commonwealth Gazette on , 1939.

3597.—8/21.9.1939.—Price 8d.

 

“Military Board” means the Military Board constituted under the Defence Act 1903-1939;

“Naval Board” means the Naval Board appointed in pursuance of the Naval Defence Act 1910-1934;

“officer” means a person appointed as an officer under the Commonwealth Public Service Act 1922-1937, or a person who is employed, or deemed to have been engaged in pursuance of the Act in a permanent capacity, on the staff of a factory, and, for the purposes of regulations 7 and 8 of these Regulations, includes any officer appointed under the Act;

“the Act” means the Supply and Development Act 1939 and, if that Act is at any time amended, includes the Act as so amended;

“the Secretary” or “the Secretary of the Department” means the Secretary of the Department of Supply and Development.

Delegation by Minister.

6.—(1.) The Minister may, by writing under his hand, delegate any of the powers, functions or authorities conferred upon or vested in him by these Regulations, including his powers and functions as Chairman of the Principal Supply Officers Board.

(2.) Every such delegation shall be revocable in writing at will, and no delegation shall prevent the exercise of any power, function or authority by the Minister.

Functions of Secretary.

7.—(1.) Subject to the Minister, the Secretary shall be responsible for the general administration of the Department of Supply and Development.

(2.) Advice and recommendations to the Minister by any Board constituted under these Regulations, or by any officer shall be forwarded to the Secretary for submission to the Minister.

Accounting practice.

8. Notwithstanding anything contained in these Regulations, the Secretary shall determine the accounting methods and practice to be adopted and observed by all officers in relation to the accounts and business of the Department, the Boards and the factories constituted under the Act, to ensure compliance with the provisions of the Audit Act 1901-1934 and the regulations made under that Act and standardization of the accounting practice of the Department.

Part II.—Principal Supply Officers Board.

Principal Officers Supply Board.

9.—(1.) There shall be a Principal Supply Officers Board which shall consist of—

the Minister;

the Controller-General of Munitions Supply;

the member of the Naval Board holding the appointment of Second Naval Member;

the member of the Military Board holding the appointment of Quartermaster-General and Master-General of the Ordnance;

the member of the Air Board holding the appointment of Air Member for Supply;

the Chairman of the Contract Board; and

the Chief Accountant of the Department.

 

(2.) The Minister may appoint any person to be a temporary member of the Principal Supply Officers Board for a specified period. During his term of appointment a temporary member shall have and may exercise all the functions of a member of the Board except as provided in the next succeeding regulation.

Chairman and Deputy Chairman.

10.—(1.) The Minister shall be the Chairman, and the Controller-General of Munitions Supply, the Deputy Chairman of the Principal Supply Officers Board.

(2.) 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.

(3.) In the absence of the Chairman and the Deputy Chairman, the senior member present at a meeting of the Board shall preside at the meeting, but a temporary member shall not be eligible to act as Chairman. A member so appointed to preside shall have and may exercise all the functions of Chairman at the meeting.

Secretary to Board.

11. The Secretary shall appoint an officer of the secretariat of the Department to be the Secretary of the Principal Supply Officers Board.

Meetings of Board.

12.—(1.) Meetings of the Principal Supply Officers Board shall be convened by the Chairman, who shall determine the time and place of each meeting. In the absence of the Chairman, the Secretary may convene a meeting of the Board.

(2.) Four members of the Board shall form a quorum for the transaction of the business of the Board.

(3.) The Board may make rules with respect to the order and conduct of the business at its meetings.

Functions of Board.

13.—(1.) The Principal Supply Officers Board shall advise the Minister upon matters connected with the initiation and maintenance of policy in relation to procuring supplies and requirements for the Defence services, and all planning activities associated therewith, and shall investigate and advise upon any matter relating to such supplies or requirements referred to it by the Minister, the Secretary, or any Commonwealth authority concerned in any phase of the activities of the Principal Supply Officers Board.

(2.) The Principal Supply Officers Board shall determine the order of priority in relation to—

(a) the supply and production, whether by manufacture in Government or other factories, of the munitions requirements of His Majesty’s services; and

(b) works for the manufacture of munitions for the Defence services.

(3.) The Principal Supply Officers Board shall act as a means of liaison between the Department of Defence and the Department of Supply and Development and shall be responsible for the co-ordination of the operations and activities of the Factory Board, the Contract Board and the Defence Supply Planning Committee.

Committees.

14. The Minister may, on the recommendation of the Principal Supply Officers Board, appoint committees consisting of such officers or persons as the Minister determines for the investigation of any matter arising out of the functions of the Principal Supply Officers Board.

Decision of Minister.

15. The decision of the Minister upon matters on which the Principal Supply Officers Board has advised shall be communicated by the Secretary to the Secretary of the Principal Supply Officers Board and, if the matter concerns the Department of Defence, to the Secretary of that Department.

Part III.—Factory Board.

Constitution of Factory Board.

16.—(1.) There shall be a Factory Board which shall consist of the Controller-General of Munitions Supply, the Assistant Secretary (Factory Administration), the Chairman of the Contract Board and the Chief Accountant of the Department.

(2.) The Minister may appoint a person to be a temporary member of the Board for a specified period. During the term of his appointment a temporary member of the Board shall have and may exercise all the functions of a member of the Factory Board.

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

(4.) A person appointed in pursuance of this regulation to be a temporary member of the Board, or to attend any meeting of the Board in a consultative capacity, may be paid such fees and allowances as the Governor-General directs.

Chairman and Deputy Chairman.

17.—(1.) The Controller-General of Munitions Supply shall be the Chairman of the Factory 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 of the Factory Board. 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 of Factory Board.

18. The Secretary shall appoint an officer of the secretariat of the Department to be the Secretary of the Factory Board.

Meetings of Factory Board.

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

(2.) Subject to these Regulations, the Factory 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 Factory Board.

20.—(1.) The Factory 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 Factory Board shall, in particular, be charged with—

(a) the efficient and economical conduct of all munitions factories, including the provision of supplies demanded for the several Defence services and approved by the appropriate competent authority in the Department of Defence;

(b) the co-ordination of the work of the several munitions factories;

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

(d) the conduct of munitions research establishments.

Functions of Controller-General of Munitions Supply.

21. The Controller-General of Munitions Supply shall be responsible for the technical direction of the armament factories and the munitions research establishments.

Matters of policy.

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

Power to incur expenditure.

23. The Factory 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.

24.—(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 Factory Board may approve of the sale, disposal otherwise than by gift, or writing off of such stores or plant.

(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 an officer or employee shall be reported by the Factory Board, through the Secretary, to the Auditor-General, and a copy of the report forwarded to the Treasurer.

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

Delegation of powers.

25.—(1.) The Factory 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.

Part IV.—Contract Board.

Constitution of Contract Board.

26.—(1.) There shall be a Contract Board which shall be constituted as provided in this regulation.

(2.) A person appointed by the Minister shall be the Chairman of the Contract Board.

(3.) The following persons, if approved by the Minister, shall be members of the Contract Board:—

a person nominated by the Naval Board,

a person nominated by the Military Board,

a person nominated by the Air Board, and

an officer of the secretariat of the Department, nominated by the Secretary of the Department, who shall be the executive member and Secretary of the Contract Board.

(4.) The Minister may appoint a person to be a temporary member of the Contract Board for a specified period. During the term of his appointment a temporary member of the Board shall have and may exercise all the functions of a member of the Board.

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

(6.) A person appointed in pursuance of this regulation to be a temporary member of the Board, or to attend any meeting of the Board in a consultative capacity, may be paid such fees and allowances as the Governor-General directs.

Chairman and Deputy Chairman.

27.—(1.) The Chairman shall preside at meetings of the Contract Board.

(2.) The Minister may appoint a member of the Contract Board to be Deputy Chairman, and, in the absence of the Chairman, the Deputy Chairman shall have and may exercise all the functions of Chairman:

Provided that the Secretary of the Contract Board shall not be eligible for appointment as Deputy Chairman.

Meetings of Contract Board.

28.—(1.) A meeting of the Contract Board shall be convened by the Chairman, or, in his absence, by the Secretary of the Contract Board.

(2.) Three members of the Contract Board shall constitute a quorum for the transaction of the business of the Board.

(3.) Questions shall be decided by a majority of votes, and, in the event of an equality of votes, the presiding member shall have a casting vote, unless less than four members are present at the meeting.

 

Functions of Contract Board.

29.—(1.) On receipt of a contract demand which has been approved by the proper authority, the Contract Board shall arrange by inviting public tenders, or by quotation or otherwise, for the performance of services or the purchase of supplies, as the case may be:

Provided that, if the amount involved exceeds Five thousand pounds, a tender or quotation shall not be accepted or purchase made by the Contract Board until the matter has been submitted to the Minister, and the Minister’s approval has been obtained.

(2.) The Contract Board shall be charged with the sale or disposal by public auction, by public tender or quotation, by treaty or by other means approved by the Minister, at such prices as the Contract Board decides are fair and reasonable and in the public interest, of all surplus or unserviceable buildings, machinery, plant, vessels, animals, vehicles, stores, equipment, clothing and material as are approved by any competent authority for disposal.

(3.) Subject to the approval of the Minister, the Contract Board may direct District Contract Boards as to the manner in which and the extent to which supplies may be obtained and services arranged within the limits of their respective States or Territories.

Contracts.

30. The Chairman of the Contract Board, or, in his absence, the Deputy Chairman, shall, for and on behalf of the Commonwealth Government, enter into contracts approved by the Minister or the Contract Board as provided by these Regulations.

Delegation of powers.

31.—(1.) Subject to the approval of the Minister, the Contract Board may, by writing under the hand of each member of the Contract Board, delegate to any member of the Contract Board any of the powers of the Contract 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 Contract 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 Contract Board.

Matters of policy.

32. Matters connected with the acceptance of tenders or purchase of stores which affect the policy of the Government for the time being shall be referred to the Secretary for submission to the Minister.

District Contract Boards.

33.—(1.) The Minister may, on the recommendation of the Contract Board, appoint in each State or Territory a District Contract Board, consisting of not less than three members, one of whom shall be the Chairman, and another, the Deputy Chairman.

(2.) Members of District Contract Boards may be paid such fees and allowances as the Governor-General directs.

(3.) The District Contract Board for any State or Territory or the Chairman thereof, or, in his absence, the Deputy Chairman thereof, may, if authorized in writing so to do by the Contract Board, exercise in that State or Territory any of the powers or functions of the Contract Board.

(4.) Any authority given under this regulation shall be revocable in writing at will and shall not prevent the exercise by the Contract Board of any of its powers or functions.

 

Part V.—Defence Supply Planning Committee.

Constitution of Defence Supply Planning Committee.

34.—(1.) There shall be a Defence Supply Planning Committee which shall consist of—

the Controller-General of Munitions Supply,

the member of the Naval Board holding the appointment of Second Naval Member,

the member of the Military Board holding the appointment of Quartermaster-General and Master-General of the Ordnance, the member of the Air Board holding the appointment of Air Member for Supply,

the Assistant Secretary (Factory Administration) of the Department,

the Chairman of the Contract Board,

the Chief Accountant of the Department, and

a person appointed by the Minister to be the Executive Officer of the Committee:

Provided that, if the Second Naval Member, the Quartermaster-General and Master-General of the Ordnance, or the Air Member for Supply is unable to attend a meeting of the Committee, he may appoint a deputy to attend the meeting, and the deputy shall have and may exercise all the functions of a member of the Committee at that meeting.

(2.) The Minister may appoint a person to be a temporary member of the Committee for a specified period. During the term of his appointment a temporary member of the Committee shall have and may exercise all the functions of a member of the Committee but shall not be eligible to act as Chairman.

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

(4.) A person appointed in pursuance of this regulation to be a temporary member of the Committee, or to attend any meeting of the Committee in a consultative capacity, may be paid such fees and allowances as the Governor-General directs.

Chairman and Acting Chairman.

35.—(1.) The Controller-General of Munitions Supply shall be the Chairman of the Defence Supply Planning Committee and shall preside at meetings of the Committee.

(2.) In the absence of the Chairman, the Minister may appoint a person to preside at meetings. The person so appointed to preside shall have and may exercise all the functions of the Chairman during the period of his appointment.

Secretary of Committee.

38. The Secretary shall appoint an officer of the secretariat of the Department to be the Secretary of the Defence Supply Planning Committee.

Meetings of Committee.

37.—(1.) A meeting of the Defence Supply Planning Committee shall be convened by the Chairman, or, in his absence, by the Secretary.

(2.) Five members of the Committee shall constitute a quorum.

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

Functions of Defence Supply Planning Committee.

38.—(1.) The Defence Supply Planning Committee shall have, hold, exercise and perform such powers, functions and duties in connexion with the provision of supplies for the Defence services as are vested in or conferred upon it by these Regulations or assigned to it by the Principal Supply Officers Board.

(2.) In particular it shall be the duty of the Committee—

(a) to collate the munitions and supply requirements of the Defence services;

(b)to consider the extent of requirements of the Defence services in respect of raw or basic materials and, when required, to furnish information in relation thereto to the Principal Supply Officers Board;

(c)to ascertain the available stocks of finished articles and, when required, to furnish information in relation thereto to the Principal Supply Officers Board; and

(d)to investigate the manufacturing capacity required in relation to the production of any supplies and to suggest to the Principal Supply Officers Board the action which the Committee considers necessary with a view to locating or creating such capacity.

Duties of Executive Officer.

39. The duties of the Executive Officer of the Defence Supply Planning Committee shall be—

(a) to implement the decisions of the Committee;

(b) to conduct such investigations as the Committee directs; and

(c) to present to the Committee any information required by the Committee in connexion with the discharge of its functions or duties.

Part VI.—Aircraft Construction.

Application of regulations.

40. The provisions of Parts II., III., IV. and V. of these Regulations shall not apply in relation to the manufacture or assembly of aircraft or parts of aircraft or to factories established for the purposes thereof.

Definitions.

41. In this Part, unless the contrary intention appears—

“Area Controller” means any person appointed by the General Manager to be an Area Controller in respect of any State for the purposes of these Regulations;

“factory” means a factory established in pursuance of Part III. of the Act for the manufacture or assembly of aircraft or parts of aircraft;

“General Manager” means the General Manager of Aircraft Construction appointed in pursuance of the Act;

“the Contract Board “means the Contract Board constituted under Part III. of these Regulations.

Arrangements for the manufacture of aircraft.

42. The Governor-General may make arrangements with the Governor in Council of any State for the manufacture or assembly of aircraft or parts of aircraft for the Commonwealth in the railway workshops of the State.

 

Functions of General Manager.

43. The General Manager shall be responsible for—

(a) the conduct and management of factories and the execution, in any railway workshop of a State, in pursuance of any arrangement made under these Regulations, of work on or in relation to the manufacture or assembly of aircraft or parts of aircraft; and

(b)the direction, control and supervision of work performed by contractors or sub-contractors in the manufacture of details and component parts of airframes.

Power to incur expenditure.

44. The General Manager may incur expenditure, within the limit ofavailable 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.

Purchase of plant, equipment and materials.

45. On receipt of a requisition from the General Manager, the Contract Board shall arrange, by inviting public tenders, or by quotation or otherwise, for the purchase of plant, equipment and materials in Australia required in connexion with aircraft construction:

Provided that, if the amount involved exceeds Five thousand pounds, a tender or quotation shall not be accepted or purchase made by the Contract Board until the matter has been submitted to the Minister and the Minister’s approval has been obtained.

Unserviceable, deficient or excess stores or plant.

46.—(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 General Manager may approve of the sale, disposal otherwise than by gift, or writing off of such stores or plant.

(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 an officer or employee shall be reported by the General Manager, through the Secretary, to the Auditor-General, and a copy of the report forwarded to the Treasurer.

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

Functions of Area Controller.

47. An Area Controller shall have such powers, functions and duties, within the State in respect of which he is appointed, in relation to aircraft construction, as are vested in or conferred upon him by these Regulations or assigned to him by the General Manager.

Contracts.

48.—(1.) The General Manager may, within the limit of available funds, after obtaining competitive quotations or inviting public tenders, enter into, or require the Contract Board to enter into, any contract under which the amount of expenditure involved does not exceed Five thousand pounds. In any case where the amount of expenditure involved under a contract exceeds Five thousand pounds, the General Manager shall not enter into, or require the Contract Board to enter into, the contract until the Minister’s approval has been obtained.

(2.) If the General Manager certifies that, having regard to the nature of the work to be performed or the urgency thereof, it is necessary or desirable to arrange contracts otherwise than as provided in sub-regulation (1.) of this regulation, the Minister may approve of an Area Controller, within the limit of available funds, entering into contracts in accordance with and subject to the following conditions and limitations:—

(a) In the case of any contract involving the expenditure of an amount not exceeding One hundred pounds, the Area Controller may enter into the contract and approve of the expenditure involved thereunder, but shall on the last day of each month forward to the General Manager particulars of all such contracts.

(b)In the case of any contract involving the expenditure of an amount exceeding One hundred pounds, but not exceeding Five hundred pounds, the Area Controller shall invite competitive quotations or public tenders, and may accept a suitable quotation or tender, but shall forward particulars of the contract to the General Manager forthwith.

(c) In the case of any contract involving the expenditure of an amount exceeding Five hundred pounds, but not exceeding Five thousand; pounds, the Area Controller shall invite competitive quotations or public tenders and shall not accept any quotation or tender until he has been advised of the General Manager’s approval.

(d)In the case of any contract involving the expenditure of an amount exceeding Five thousand pounds, the Area Controller shall invite competitive quotations or public tenders, and shall not accept any quotation or tender until he has been advised of the Minister’s approval.

Contracts in exceptional circumstances.

49. Notwithstanding anything contained in regulation 48 of these Regulations, where, in the opinion of the General Manager—

(a) the need for urgent delivery precludes the invitation of quotations or tenders,

(b) one contractor only is capable of satisfactorily executing the contract, or

(c) other special circumstances warrant the waiving of the necessity for the invitation of quotations or tenders,

the General Manager may, within the limit of available funds, enter into a contract, or authorize the Area Controller to enter into a contract, involving the expenditure of an amount exceeding One hundred pounds, but not exceeding Five thousand pounds.

Definition.

50. For the purposes of regulations 48 and 49 of these Regulations, “contract” means a contract for the manufacture of a part or parts of aircraft, and includes a sub-contract.

 

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