SUPPLY AND DEVELOPMENT REGULATIONS
(#DATE 06:05:1994)
- In force under the Supply and Development Act 1939 - Updated as at 6 May 1994 *1* The Supply and Development Regulations (in force under the Supply and Development Act 1939) as shown in this reprint comprise Statutory Rules 1949 No. 59 amended as indicated in the Tables below. Table of Statutory Rules Year and Date of Date of Application Number Notification commencement saving or in Gazette transitional provisions 1949 No. 59 15 Sept 1949 15 Sept 1949 1951 No. 139 8 Nov 1951 8 Nov 1951 - 1954 No. 7 28 Jan 1954 28 Jan 1954 - 1955 No. 52 4 Aug 1955 4 Aug 1955 - 1957 No. 43 29 Aug 1957 29 Aug 1957 - 1960 No. 23 13 Apr 1960 13 Apr 1960 - 1962 No. 62 30 July 1962 1 Sept 1962 - 1982 No. 369 31 Dec 1982 31 Dec 1982 - 1988 No. 205 26 Aug 1988 26 Aug 1988 - Table of Amendments ad=added or inserted am=amended rep=repealed rs=repealed and substituted Provision affected How affected Rr. 2-4 rep. 1988 No. 205 R. 5 am. 1962 No. 62; 1982 No. 369; 1988 No. 205 Rr. 8, 9 am. 1988 No. 205 R. 10 am. 1982 No. 369 R. 12 rep. 1988 No. 205 R. 16 am. 1955 No. 52; 1957 No. 43; 1960 No. 23 rs. 1962 No. 62 R.17 am. 1962 No. 62 R. 20 rs. 1962 No. 62 am. 1982 No. 369 Rr. 21, 22 am. 1962 No. 62 R. 25 am. 1962 No. 62 R. 26 am. 1962 No. 62; 1982 No. 369 R. 30 am. 1982 No. 369 Rr. 33, 34 am. 1951 No. 139 R. 38 rep. 1988 No. 205 R. 39 rs. 1988 No. 205 R. 40 am. 1988 No. 205 R. 42 am. 1988 No. 205 R. 47 am. 1954 No. 7 R. 65A ad. 1982 No. 369 R. 78 rep. 1988 No. 205 First Schedule rep. 1988 No. 205 SUPPLY AND DEVELOPMENT REGULATIONS - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
Regulation
PART I - PRELIMINARY
1. Citation
5. Interpretation
6. Power of Minister to delegate
7. Arrangement under section 9 of the Act
8. Powers of Minister
9. Contracts for defence purposes
PART II - ADMINISTRATION AND MANAGEMENT
Division 1 - Central Administration
10. Functions of the Secretary
11. Power of Secretary to delegate
13. Accounting practice
14. Functions of Controller-General
15. Functions of Chief Scientist
Division 2 - Authorities for Administration
and Management
16. Boards of Administration
17. Power to appoint administrator
18. Constitution of Boards
19. Chairman
20. Secretary to a Board
21. Meeting of the Board
22. Functions of Boards
23. Matters of policy
24. Power to incur expenditure
25. Unserviceable stores or plant
26. Deficient stores or plant
27. Excess plant or stores
28. Power of a Board to delegate
Division 3 - Contract Board
29. Constitution of Contract Board
30. Secretary to Contract Board
31. Chairman and Deputy Chairman
32. Meetings of Contract Board
33. Functions of Contract Board
34. Contracts
35. Delegation of powers
36. Matters of policy
37. District Contract Boards
PART III - UNDERTAKINGS
Division 1 - Preliminary
Division 2 - Powers and Duties of Managers
39. Manager subject to Board or Administrator
40. Power to delegate
41. Responsibility of a Manager
42. Functions of Manager
43. Exercise by Board or Administrator of functions of Manager
44. Annual report
Division 3 - Engagement of Employees
45. Oath or affirmation of allegiance
46. Engagement and termination of employment
47. Appeal against dismissal
48. Discharge of employees on attaining the age of 65 years
49. Limitation of liability
Division 4 - Duties and Conduct of Employees
50. Acquaintance with Regulations
51. Applications - how to be made
52. Subordination of employees
53. Obligations of senior employees
54. Breach of regulations to be reported
55. Insobriety
56. Information not to be given
57. Outside influence
58. Performance of work outside Government Service
59. Technical experience
60. Quarters
61. Public property
62. Borrowing or lending money
63. Judgment for debt
64. Conviction for an offence
Division 5 - Rates of Remuneration and Conditions
of Employment
65. General provisions as to rates of remuneration and
conditions of employment
65A. No work as directed - no pay
66. Regulations not to operate in contravention of
section 27 (2)
67. Attendance
68. Late attendance
69. Absence from duty
70. Illness or other emergency
71. Absence without leave
72. Leave of absence for illness or injury
73. Illness or injury caused through misconduct
74. Payment for holidays during leave
75. Health of employee affected by toxic substances
76. Prescribed holidays
77. Closing of undertaking
79. Employees called as witnesses
PART IV - MINERALS
80. Part to bind Crown
81. Control of minerals
82. Power to obtain information
83. Power to enter land
84. Compensation
85. Offence
86. Rewards
PART V - GENERAL
87. Regulations to bind Crown
88. Protection of persons and property
89. Entry upon and use of land
90. Prohibited areas
91. Smoking etc. in protected place
92. Liability on behalf of the Government not to be incurred
93. Contracts with Commonwealth
94. Applications for patents
95. Savings
THE SECOND SCHEDULE
Oath or Affirmation of Allegiance
SUPPLY AND DEVELOPMENT REGULATIONS - PART I
PART I - PRELIMINARY
SUPPLY AND DEVELOPMENT REGULATIONS - REG 1
Citation
1. These Regulations may be cited as the Supply and Development
Regulations.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
SUPPLY AND DEVELOPMENT REGULATIONS - REG 5
Interpretation
5. In these Regulations, unless the contrary intention appears:
"discharged member of the Forces" means a discharged member of the Forces
within the meaning of the Re-establishment and Employment Act 1945;
"employee" means a person employed under subsection 10 (1) of the Act;
"Manager" means a person holding, or for the time being performing the
duties of, the office or position of manager of an undertaking;
"merchant ships" means merchant ships and other marine craft, but does not
include Naval vessels;
"the Act" means the Supply and Development Act 1939;
"the Administrator", in relation to any undertaking or to any employee in
any undertaking, means the person in whom the administration of that
undertaking is vested;
"the Board", in relation to any undertaking or to any employee in any
undertaking, means the Board in which the administration or management of that
undertaking is vested;
"the Chief Scientist" means the Chief Scientist of the Department;
"the Controller-General" means the Controller-General of Munitions Supply;
"undertaking" means an undertaking, as defined by the Act, which is
established or deemed to have been established under the Act.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 6
Power of Minister to delegate
6. (1) The Minister may, in relation to any matter or class of matters, by
writing under his hand, delegate any of his powers and functions under these
Regulations (except this power of delegation) so that the delegated powers and
functions may be exercised by the delegate with respect to the matter or class
of matter specified in the instrument of delegation as fully and effectually
as by the Minister.
(2) Every delegation under this regulation shall be revocable in writing at
will and no delegation shall prevent the exercise of any power or function by
the Minister.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 7
Arrangement under section 9 of the Act
7. The Minister shall have authority to establish, maintain and operate all
such undertakings as he considers are necessary for the defence of the
Commonwealth.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 8
Powers of Minister
8. (1) Where he considers it necessary or expedient in the interests of the
defence of the Commonwealth, the Minister may:
(b) grant financial assistance on such terms as he thinks fit to any person
or authority for, or in connexion with, the production or supply of goods or
war materiel;
(c) purchase, requisition or compulsorily acquire goods or war materiel;
(d) require any person who has in his possession or under his control any
goods or war materiel to deliver the goods or war materiel to the Commonwealth
at a time and place, and to the officer or authority, specified in the
notice;
(e) take possession of any goods or war materiel and for that purpose enter
and remain on any land or premises to do any other act, matter or thing;
(f) acquire by purchase any goods or war materiel or things in action for or
in connexion with the production or supply of war materiel;
(g) compulsorily acquire the property in, or requisition the use of, any
machinery, equipment, plant or things (whether as a fixture or otherwise) and
any other appliance or apparatus for, or in connexion with, the production and
supply of war materiel; and
(h) sell or otherwise dispose of or turn to account or write off property
held in connexion with the supply and production of war materiel.
(2) Notice shall be given to any person who may be affected by the exercise
of any power by the Minister under paragraphs (c), (d), (e) or (g) of the last
preceding subregulation.
(3) Any goods or war materiel delivered to or taken possession of by the
Commonwealth in pursuance of paragraphs (d) or (e) of subregulation (1) of
this regulation shall by force of this regulation become the property of the
Commonwealth.
(4) Where any person suffers loss or damage by reason of anything done in
pursuance of paragraphs (c), (d), (e) or (g) of subregulation (1) of this
regulation in relation to any goods, war materiel or property in which he has
any legal or equitable interest, the Commonwealth shall be liable to pay to
that person such compensation as is agreed upon between the Commonwealth and
that person, or, in default of agreement, is determined by action against the
Commonwealth in any court of competent jurisdiction.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 9
Contracts for defence purposes
9. The Minister may authorize the carrying out of such work at undertakings
as is necessary or expedient in the interests of defence.
SUPPLY AND DEVELOPMENT REGULATIONS - PART II
PART II - ADMINISTRATION AND MANAGEMENT
SUPPLY AND DEVELOPMENT REGULATIONS - DIVISION 1
Division 1 - Central Administration
SUPPLY AND DEVELOPMENT REGULATIONS - REG 10
Functions of the Secretary
10.
(2) Advice and recommendations to the Minister by any Board or authority
constituted under these Regulations, or by any officer or employee, shall be
forwarded to the Secretary for submission to the Minister.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 11
Power of Secretary to delegate
11. (1) The Secretary may, in relation to any matter or class of matters, by
writing under his hand, delegate any of his powers and functions under these
Regulations (except this power of delegation) so that the delegated powers and
functions may be exercised by the delegate with respect to the matter or class
of matters specified in the instrument of delegation as fully and effectually
as by the Secretary.
(2) Every delegation under this regulation shall be revocable at will in
writing and no delegation shall prevent the exercise of any power or function
by the Secretary.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 13
Accounting practice
13. Subject to the Audit Act 1901-1948 and the regulations made thereunder,
the Secretary shall be responsible for and 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 undertakings
established or deemed to have been established under the Act.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 14
Functions of Controller-General
14. The Controller-General shall be responsible for the technical direction
of such classes of undertakings as the Minister directs.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 15
Functions of Chief Scientist
15. The Chief Scientist shall be responsible for the scientific direction of
such classes of undertakings as the Minister directs.
SUPPLY AND DEVELOPMENT REGULATIONS - DIVISION 2
Division 2 - Authorities for Administration and Management
SUPPLY AND DEVELOPMENT REGULATIONS - REG 16
Boards of Administration
16. (1) The Minister may appoint a Board for the administration of an
undertaking established or deemed to be established under the Act.
(2) The Minister shall, in the instrument appointing a Board, specify the
name of the Board and the undertaking for the administration of which the
Board is appointed.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 17
Power to appoint administrator
17. (1) The Minister may appoint a person to be the Administrator of such
undertakings as the Minister determines.
(2) The Administrator shall have and exercise and perform such powers,
duties and functions in relation to the undertakings administered by him as
are vested in, or conferred upon, him by the Minister.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 18
Constitution of Boards
18. (1) A Board shall consist of not less than five members (one of whom
shall be Chairman and another Finance Member) who shall be appointed by, and
hold office during the pleasure of, the Minister.
(2) The Minister may appoint to a Board additional or temporary members who
shall hold office during the pleasure of the Minister.
(3) An additional or temporary member shall have and may exercise all the
functions of a member of the Board.
(4) There shall be payable to members of Boards, including additional and
temporary members, such fees and allowances as the Minister determines.
(5) A person shall be eligible for appointment to one or more Boards.
(6) The Minister may appoint a member of a Board to be Executive Member of
that Board, and, subject to the directions of the Board, that member shall
exercise the executive authority of the Board.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 19
Chairman
19. (1) The Chairman shall preside at meetings of a Board.
(2) The Minister may appoint a member of a 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.
(3) In the event of the absence of both the Chairman and Deputy Chairman
from any meeting of a Board, the members present shall appoint one of their
number to preside at that meeting.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 20
Secretary to a Board
20. (1) There shall be a Secretary to each Board appointed by the Minister
under regulation 16 of these Regulations.
(2) Subject to the next succeeding subregulation, the Secretary to a Board
shall be an officer of the Department appointed by the Secretary.
(3) The Secretary to a Board appointed for the administration of an
undertaking with respect to the building, repair and maintenance of merchant
ships and the building, extension, alteration, repair and maintenance of
shipyard, drydocking and repair facilities for merchant ships shall be an
officer of the Department of Shipping and Transport appointed by the Permanent
Head of that Department.
(4) The Secretary to a Board shall keep a record of the proceedings of the
Board.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 21
Meeting of the Board
21. (1) Meetings of a Board shall be summoned by the Chairman or, in the
absence of the Chairman, by the Secretary to the Board:
Provided that the Minister may at any time convene a meeting of a Board.
(2) Subject to these Regulations, a Board may make rules with respect to the
order and conduct of the business at its meetings.
(3) At a meeting of a Board, a quorum for transaction of the business of the
Board shall be constituted by a number of members equal to the number
ascertained:
(a) by dividing the number of members of the Board by two and adding one to
the result; or
(b) if the number of members of the Board is not divisible by two without
remainder, by adding one to that number and dividing the result by two.
(4) Questions shall be decided by a majority of votes of the members present
and, in the event of an equality of votes, the presiding member shall have a
casting vote.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 22
Functions of Boards
22. (1) A Board shall have and exercise and perform such powers, functions
and duties in relation to the undertakings administered by it, including the
maintenance and operation of undertakings, as are vested in or conferred upon
it by these Regulations or assigned to it by the Minister.
(2) Without affecting the generality of the last preceding subregulation,
but subject to these Regulations, a Board shall, in particular, be charged
with:
(a) the efficient and economical conduct of all undertakings administered by
it;
(b) the co-ordination of the work of those undertakings; and
(c) any matter relating to the administration of those undertakings which is
not prescribed or which is not governed by an instruction issued by the
Minister.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 23
Matters of policy
23. Any matter arising out of the functions of a Board which affects the
policy of the Government for the time being shall be referred by that Board to
the Secretary for submission to the Minister.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 24
Power to incur expenditure
24. A Board may, in relation to the undertakings administered by it, incur
expenditure, within the limit of available funds, upon:
(a) the purchase of raw materials, fuel and maintenance stores of all
kinds;
(b) the purchase or manufacture of goods, components, supplies, parts or
accessories necessary for the fulfilment of a contract or order placed with
the Board;
(c) such services as are required;
(d) repairs to works, buildings, plant, machinery, furniture and fittings;
and
(e) any new work, building, machinery, plant, furniture, fittings, roadway,
railway or aerodrome where the cost does not exceed Two thousand pounds.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 25
Unserviceable stores or plant
25. A Board may approve of the sale or disposal otherwise than by gift of
condemned, unserviceable, or obsolete stores or plant owned by the
Commonwealth, the original value of which in the aggregate did not exceed Five
hundred pounds.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 26
Deficient stores or plant
26.
(2) 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 Board, through the Secretary, to the Auditor-General,
and the Secretary shall forward a copy of the report to the Treasurer.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 27
Excess plant or stores
27. A Board may approve of the taking on charge of excess plant or goods.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 28
Power of a Board to delegate
28. (1) Subject to the approval of the Minister, a Board may, in relation to
any matter or class of matters, by writing under the hand of each member of
the Board, delegate any of its powers and functions under these Regulations
(except this power of delegation) to any member of the Board or to any officer
or employee of the Commonwealth so that the delegated powers and functions may
be exercised by the delegate with respect to the matter or class of matters
specified in the instrument of delegation as fully and effectually as by the
Board.
(2) Every delegation under this regulation shall be revocable at will in
writing under the hand of the Minister, or of each member of the Board (other
than the delegate, if he be a member of the Board) and no delegation shall
prevent the exercise of any power or function by the Board.
SUPPLY AND DEVELOPMENT REGULATIONS - DIVISION 3
Division 3 - Contract Board
SUPPLY AND DEVELOPMENT REGULATIONS - REG 29
Constitution of Contract Board
29. (1) There shall be a Contract Board which shall be constituted as
provided by this regulation.
(2) The members of the Contract Board shall be appointed by, and hold office
during the pleasure of, the Minister.
(3) The Minister shall appoint one of the members of the Contract Board to
be Chairman of the Board.
(4) The following persons, if approved by the Minister, shall be members of
the Contract Board:
A person nominated by the Department of the Navy;
A person nominated by the Department of the Army;
A person nominated by the Department of Air; and
A person or persons nominated by the Secretary.
(5) The Minister may appoint a person to be a temporary member of the
Contract Board for a specified period and during the term of his appointment a
person so appointed shall have and may exercise all the functions of a member
of the Board.
(6) The Minister may appoint a member of the Contract Board to be Executive
Member of the Board, and subject to the directions of the Board, that member
shall exercise the executive authority of the Board.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 30
Secretary to Contract Board
30. (1) The Secretary shall appoint an officer of the Department to be
Secretary to the Contract Board.
(2) The Secretary to the Contract Board shall keep a record of the
proceedings of the Board.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 31
Chairman and Deputy Chairman
31. (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.
(3) In the event of the absence of both the Chairman and Deputy Chairman
from any meeting of the Contract Board, the members present shall appoint one
of their number to preside at that meeting.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 32
Meetings of Contract Board
32. (1) Meetings of the Contract Board shall be convened by the Chairman or,
in his absence, by the Secretary of the Contract Board:
Provided that the Minister may at any time convene a meeting of the Board.
(2) Subject to these Regulations, the Contract Board may make rules with
respect to the order and conduct of the business at its meetings.
(3) Three members of the Contract Board shall constitute a quorum for the
transaction of the business of the Board.
(4) Questions shall be decided by a majority of votes of the members present
and, in the event of an equality of votes, the presiding member shall have a
casting vote.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 33
Functions of Contract Board
33. (1) The Contract Board shall be charged with the duty of arranging for
the performance of services and the purchase of supplies including foodstuffs
for the Naval, Military and Air Forces and for the Department, except as
otherwise determined and directed by the Minister.
(2) 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 war
materiel and supplies including foodstuffs:
Provided that the Contract Board shall not accept any tender or quotation or
make any purchase where the amount involved exceeds Twenty thousand pounds
unless and until the Minister has approved of the acceptance or purchase.
(3) 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
property including buildings, war materiel, goods and things as are approved
by any competent authority for disposal.
(4) 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
purchases and services may be arranged and property disposed of within the
limits of their respective States or Territories.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 34
Contracts
34. Contracts duly authorized in pursuance of this Division shall be in the
name of the Commonwealth and shall be signed for and on behalf of the
Commonwealth by:
(a) the Chairman of the Contract Board;
(b) in the absence of the Chairman, the Deputy Chairman of the Contract
Board; or
(c) subject to the approval of the Minister, an officer or employee of the
Commonwealth authorized for the purpose by writing under the hand of each
member of the Contract Board.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 35
Delegation of powers
35. (1) Subject to the approval of the Minister, the Contract Board may, in
relation to any matter or class of matters, by writing under the hand of each
member of the Contract Board, delegate any of its powers and functions under
these Regulations (except this power of delegation) to any member of the
Contract Board or to any person employed by the Commonwealth or to a District
Contract Board so that the delegated powers and functions may be exercised by
the delegate with respect to the matter or class of matters specified in the
instrument of delegation as fully and effectually as by the Contract Board.
(2) Every delegation under this regulation shall be revocable at will in
writing under the hand of the Minister or of each member of the Board (other
than the delegate, if he be a member of the Board), and no delegation shall
prevent the exercise of any power or function by the Contract Board.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 36
Matters of policy
36. Matters connected with the acceptance of tenders, purchase of stores or
disposal of property which affect the policy of the Government for the time
being shall be referred to the Secretary for submission to the Minister.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 37
District Contract Boards
37. (1) The Minister may appoint in each State or Territory which is part of
the Commonwealth a District Contract Board, consisting of not less than three
members, one of whom shall be the Chairman, and another, the Deputy Chairman.
(2) Subject to the approval of the Minister, the District Contract Board for
any State or Territory which is part of the Commonwealth, 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.
(3) Any authority given under this regulation shall be revocable at will in
writing and shall not prevent the exercise of any power or function by the
Contract Board.
SUPPLY AND DEVELOPMENT REGULATIONS - PART III
PART III - UNDERTAKINGS
SUPPLY AND DEVELOPMENT REGULATIONS - DIVISION 1
Division 1 - Preliminary
SUPPLY AND DEVELOPMENT REGULATIONS - DIVISION 2
Division 2 - Powers and Duties of Managers
SUPPLY AND DEVELOPMENT REGULATIONS - REG 39
Manager subject to Board or Administrator
39. The Manager of an undertaking is subject, in the performance of his or
her duties, to the control and direction of the Board or the Administrator (as
the case may be).
SUPPLY AND DEVELOPMENT REGULATIONS - REG 40
Power to delegate
40. (1) A Manager may, in relation to any matter or class of matters, by
writing under his or her hand, delegate any of his or her powers and functions
under these Regulations (except this power of delegation) so that the
delegated powers and functions may be exercised by the delegate with respect
to the matter or class of matters specified in the instrument of delegation as
fully and effectually as by that person.
(2) Every delegation under this regulation shall be revocable in writing at
will by the Board or the Administrator, as the case may be, or by the
delegant, and no delegation shall prevent the exercise of any power or
function by the delegant.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 41
Responsibility of a Manager
41. A Manager shall be responsible for the efficient, safe and economical
working of any undertaking under his charge.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 42
Functions of Manager
42. (1) A Manager shall have authority in relation to any undertaking under
his or her charge:
(c) to engage or discharge employees;
(d) within the limits approved by the Minister, to fix weekly, daily,
hourly, or piece-work rates of wages or annual salaries of employees;
(e) to do all things which are necessary and proper for the conduct of any
undertaking under his or her charge; and
(f) subject to these Regulations, and with the approval of the Minister on
the recommendation of the Board or the Administrator, as the case may be, to
make local rules for the conduct of the undertaking under his or her charge.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 43
Exercise by Board or Administrator of functions of Manager
43. Any power or function which by these Regulations is conferred on a
Manager in relation to any undertaking or any employee in an undertaking may
also be exercised or performed by the Board or the Administrator, as the case
may be.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 44
Annual report
44. A Manager shall, before the thirtieth day of September of each year,
submit to the Board or the Administrator, as the case may be, a report on the
working of the undertaking or undertakings under his charge, together with a
statement of accounts and balance-sheet.
SUPPLY AND DEVELOPMENT REGULATIONS - DIVISION 3
Division 3 - Engagement of Employees
SUPPLY AND DEVELOPMENT REGULATIONS - REG 45
Oath or affirmation of allegiance
45. (1) A person shall not be engaged for employment under the Act unless he
makes and subscribes an oath or affirmation in the form in the Second Schedule
to these Regulations.
(2) A person who is employed or deemed to be employed under the Act at the
date of the commencement of these Regulations shall not be continued in that
employment unless, when required by the Secretary so to do, he makes and
subscribes an oath or affirmation in the form in the Second Schedule to these
Regulations.
(3) An oath of affirmation under this regulation may be administered by the
Secretary or by any person authorized in writing by the Secretary to
administer oaths and affirmations under this regulation.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 46
Engagement and termination of employment
46. (1) All employees shall be engaged by the day as temporary hands, and
their engagements shall be terminable, without notice on either side, provided
that an employee leaving or being discharged for any reason other than breach
of regulations or rules shall give, or be entitled to receive, as the case may
be, one week's notice of termination of employment.
(2) Employment as a temporary hand shall not establish a claim to permanent
employment on the ground of length of service.
(3) Any employee discharged before the hour of 4 p.m. shall be entitled to
receive, on the same day, all wages due to him, provided that he has returned
all Government property in his possession. If his discharge takes place after
4 p.m. he shall be paid as early as practicable after 9 a.m. on the following
working day.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 47
Appeal against dismissal
47. (1) Notwithstanding anything contained in regulation 46 of these
Regulations, where the services of a person:
(a) who is a person employed under the Act or these Regulations; and
(b) who is a contributor to the Superannuation Fund established under the
Superannuation Act 1922-1948 or to the Provident Account established under
Part IVB of that Act;
are dispensed with on the ground that that person has been guilty of conduct
which if he were an officer within the meaning of the Commonwealth Public
Service Act 1922-1948 would have constituted an offence specified in
subsection (1) of section 55 of that Act, that person shall be given written
notice that his services have been so dispensed with and the notice shall
specify the ground on which, and the date from which, his services are
dispensed with.
(2) A person whose services have been dispensed with in accordance with the
last preceding subregulation may appeal, in such manner and within such time
(not being less than seven days), as are prescribed in the case of appeals
under section 82AA of the Commonwealth Public Service Act 1922-1948, against
the decision, and the provisions of that section shall, subject to this
regulation, apply mutatis mutandis in relation to an appeal under this
regulation as if the appeal were an appeal under that section.
(3) For the purposes of this regulation, an Appeal Board shall consist of:
(a) a person who holds, or has held, office as a Police, Stipendiary or
Special Magistrate, who shall be the Chairman and who shall be appointed to
that office by the Secretary but shall not, while sitting as Chairman of an
Appeal Board, be subject to any direction by any person or authority under
these Regulations;
(b) an officer of the Department who shall be appointed by the Secretary for
the purpose of the particular appeal to be heard; and
(c) the officer who, in the State or part of a State in which the appellant
was employed, is the elected representative of the Fourth Division of the
Commonwealth Public Service.
(3A) In the case of the illness, absence or suspension of the officer who is
the elected representative referred to in paragraph (c) of the last preceding
subregulation, or where there is no such representative or the Secretary is of
opinion that, by reason of his being personally interested in, or affected by,
a matter which is the subject of the appeal under this regulation, it is
undesirable that that elected representative should act as a member of the
Appeal Board, the Secretary may appoint another officer of the Fourth Division
to act as a member of the Appeal Board in lieu of that representative.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 48
Discharge of employees on attaining the age of 65 years
48. An employee shall be discharged on his attaining the age of sixty-five
years:
Provided that the Secretary may, in exceptional circumstances, permit the
employee to continue in employment for a fixed time not exceeding twelve
months.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 49
Limitation of liability
49. Where a payment has been made which purports to be a payment of the
wages payable to the employee for any period, the Commonwealth shall not be
liable to pay the employee any further sums prescribed in any industrial
award, order, determination or agreement in respect of any services rendered
to the Commonwealth during such period unless within a period of three months
after the last day of such period a demand in writing has been given to the
Manager by the employee, by some person on his behalf, or by the local
representative of the claimant organization, and, if the claim is not admitted
by the Manager, unless proceedings to recover the amount claimed are taken
within twelve months after the date of the claim.
SUPPLY AND DEVELOPMENT REGULATIONS - DIVISION 4
Division 4 - Duties and Conduct of Employees
SUPPLY AND DEVELOPMENT REGULATIONS - REG 50
Acquaintance with Regulations
50. All employees shall acquaint themselves with the provisions of these
Regulations.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 51
Applications - how to be made
51. (1) The application of an employee upon any matter affecting his
position shall be made by the applicant through the head of his branch to the
Manager.
(2) Where in exceptional cases an employee desires to communicate with the
Board, the Administrator or the Secretary, the communication shall be so
addressed, and shall be forwarded through the Manager to the Board, the
Administrator or the Secretary, with any remarks considered necessary by the
Manager.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 52
Subordination of employees
52. (1) An employee shall comply with all rules and instructions issued by
competent authority in relation to or applicable to the undertaking at which
he is employed.
(2) An employee shall obey promptly all instructions given to him by the
person under whose immediate control or supervision he is placed and promptly
and efficiently carry out all duties allotted to him.
(3) If an employee considers he has ground for complaint arising out of such
instructions, or from any other cause whatsoever, he may appeal in regard
thereto, through his immediate superior, who shall forward such appeal
forthwith to the Manager; but until such instructions are countermanded by
competent authority, he shall, as far as possible carry out the instructions
given to him.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 53
Obligations of senior employees
53. An employee in charge of any sub-department, branch, or minor division
of an undertaking shall be responsible for the maintenance of good order, and
shall afford the utmost aid and support to the Manager.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 54
Breach of regulations to be reported
54. An employee in charge of any sub-department, branch, or minor division
of an undertaking shall report to the Manager any breaches of regulations or
rules which come to his knowledge.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 55
Insobriety
55. Any employee in charge or sub-charge who observes at any time that any
person under his supervision is unfit to perform his duties properly by reason
of over-indulgence in intoxicating liquor or drugs, shall suspend such person
from duty, and immediately report the matter to the Manager.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 56
Information not to be given
56. Except in the course of his official duty, or at the express direction
or with the permission of the Manager, an employee shall not, directly or
indirectly, divulge any information concerning the business of the Department
or any undertaking or any matter which has come to his knowledge through his
employment.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 57
Outside influence
57. (1) An employee shall not seek the influence or interest of any person
in order to obtain promotion, removal, or other advantage.
(2) Any employee who considers that his claim for promotion or consideration
has been overlooked may communicate with the Board in the manner prescribed by
regulation 51 of these Regulations.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 58
Performance of work outside Government Service
58. (1) Except with the express permission of the Secretary (which
permission may at any time be withdrawn) after report by the Manager, an
employee shall not:
(a) accept or continue to hold an office in or under the Government of any
State, or in or under any public or municipal corporation;
(b) accept or continue to hold or discharge the duties of, or be employed in
a paid office in connexion with, any banking, insurance, mining, mercantile or
other commercial business, whether carried on by a corporation, company, firm
or individual;
(c) engage in or undertake any such business, whether as principal or
agent;
(d) engage or continue in the private practice of any profession, occupation
or trade, or enter into any employment, whether remunerative or not, with any
person, company or firm who or which is so engaged;
(e) accept or engage in any remunerative employment other than in connexion
with the duties of his employment by the Commonwealth; or
(f) demand or receive for his own use any fee, reward, gratuity or
remuneration of any kind whatsoever, other than his official salary, wages, or
allowances, for services performed by him, either in or out of office hours,
in connexion with his employment by the Commonwealth.
(2) Nothing contained in this regulation shall be deemed to prevent an
employee from becoming a member or shareholder only of any incorporated
company, or of any company or society of persons registered under any law in
any State or elsewhere, unconnected with the manufacture or assembly of war
materiel, but an employee shall not take part in the conduct of the business
of the company or society otherwise than by the exercise of his right to vote
as a member or shareholder.
(3) Notwithstanding anything contained in this regulation, an employee may,
with the approval of the Secretary (which approval may at any time be
withdrawn), after report by the Board, act as a director of a co-operative
society which is registered under any law in any State or elsewhere and does
not enter into contracts for the supply of goods or services to the
Commonwealth.
(4) An application by an employee for permission to engage in the
performance of work outside the duties of his employment shall be made to the
Manager, who shall forward the application, with his report, to the Board.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 59
Technical experience
59. (1) A Manager may permit any person to attend at any undertaking for the
purpose of gaining technical knowledge and experience, and any person so
permitted to attend shall obey the directions of the Manager.
(2) A Manager may at any time revoke any permit previously granted by him
under this regulation.
(3) Any person attending an undertaking in pursuance of a permit granted to
him under this regulation shall not be entitled to any pay in respect of such
attendance or of anything done by him in pursuance of any direction of the
Manager, but may receive such grants, if any, as the Board thinks fit.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 60
Quarters
60. Where an employee is in occupation of Government quarters there shall be
deducted from his salary or wages by way of rent such amount as the Board
determines.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 61
Public property
61. (1) An employee shall be held responsible for the careful use and
preservation of all Government property in his possession, custody or care.
(2) If any employee damages or defaces buildings or walls, or damages,
defaces or loses machines, tools, materials, or any other property of the
Government, the Manager may direct that the cost of making good the damage
shall be deducted from the employee's salary or wages.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 62
Borrowing or lending money
62. An employee shall not borrow money from an employee who is subordinate
to him or either as principal or agent enter into any monetary transaction
with another employee whereby any interest or other return in money or kind is
charged or paid.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 63
Judgment for debt
63. (1) Where judgment has been given by any Court against an employee for
the payment of a sum of money, the person in whose favour the judgment is
given may serve on the Paying Officer a copy of the judgment, certified under
the hand of the Registrar or other proper officer of the Court by which the
judgment was delivered, and a statutory declaration stating that the judgment
has not been satisfied by the judgment debtor, and setting out the amount due
by the judgment debtor under the judgment.
(2) Upon the service upon him of a copy of a judgment and a statutory
declaration in pursuance of this regulation, the Paying Officer shall as soon
as practicable notify the judgment debtor in writing of the service of the
copy of the judgment and the statutory declaration, and require him to state
in writing, within a time to be specified by the Paying Officer, whether the
judgment has been satisfied, and, if so, to furnish evidence in support
thereof, and, if the judgment has not been satisfied, to state the amount then
due under the judgment.
(3) If the employee fails to prove to the satisfaction of the Paying
Officer, within the time specified by the Paying Officer, that the judgment
has been satisfied, the Paying Officer may from time to time deduct from any
moneys due to the employee such sums as are in his opinion necessary to enable
the judgment to be satisfied, or may direct the deduction therefrom of such
sums, and shall pay, or direct the payment of, those sums to the judgment
creditor:
Provided that in no case shall a deduction be made which will reduce the
amount to be received by the employee to less than Two pounds per week, or to
less than one-third of the amount which would, but for the provisions of this
regulation, be payable to the employee.
(4) Where more than one judgment and statutory declaration are served upon
the Paying Officer in respect of one judgment debtor, the judgments shall be
satisfied in the order in which copies of the judgments are served upon the
Paying Officer.
(5) A payment made to a judgment creditor in pursuance of this regulation
shall, as between the Commonwealth and the employee, be deemed to be a payment
by the Commonwealth to the employee.
(6) A person to whom any payment has been made in pursuance of this
regulation shall notify the Paying Officer immediately a judgment debt in
respect of which the payment was made is satisfied.
Penalty: Fifty pounds or imprisonment for three months.
(7) If any payment made in pursuance of this regulation exceeds the amount
due under the judgment, the excess shall be repayable by the judgment creditor
to the judgment debtor, and, in default of payment, may be recovered by the
judgment debtor from the judgment creditor in any Court of competent
jurisdiction.
(8) The foregoing provisions of this regulation shall not apply in relation
to any employee whose estate the Paying Officer is satisfied has been
sequestrated either voluntarily or compulsorily for the benefit of his
creditors, and who has not yet obtained a certificate of discharge.
(9) In this regulation "Paying Officer" means such officer as the Secretary
appoints as Paying Officer for the purposes of this regulation.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 64
Conviction for an offence
64. (1) Any employee who is on indictment or presentment convicted of any
offence against the law of the Commonwealth or of a State or of a Territory of
the Commonwealth shall be deemed to have forfeited his employment and shall
thereupon cease to perform his duties.
(2) Where the Secretary is satisfied that the offence did not involve
dishonesty or moral turpitude on the part of the employee the Secretary may
direct the employee's reinstatement.
(3) An employee who is deemed to have forfeited his employment in accordance
with the provisions of this regulation shall not be entitled to any salary or
wages in respect of any period after the date of his conviction, unless and
until he is reinstated, in which case he shall be entitled to payment from the
date of his reinstatement.
SUPPLY AND DEVELOPMENT REGULATIONS - DIVISION 5
Division 5 - Rates of Remuneration and Conditions of Employment
SUPPLY AND DEVELOPMENT REGULATIONS - REG 65
General provisions as to rates of remuneration and conditions of employment
65. (1) Employees shall be paid at the rates and be employed under the
conditions provided by any industrial award, order, determination or agreement
which is applicable to them or the trade or calling in which they are engaged.
(2) The provisions of the Commonwealth Public Service Regulations shall in
so far as they are not inconsistent with the Act or these Regulations apply to
an employee as if he were a person temporarily employed under the Commonwealth
Public Service Act 1922-1948:
Provided that, where in the Commonwealth Public Service Regulations it is
prescribed that any action shall be taken by, or any power shall be vested in,
the Public Service Board or other person or authority that action shall be
taken by, or that power shall be vested in, the Secretary.
(3) For the purposes of this regulation, the Commonwealth Public Service
Regulations shall be deemed to include the General Orders relating to those
Regulations issued from time to time by the Public Service Board.
(4) Where it appears to the Minister, having regard to the special nature of
the work to be performed by any employee or class of employees, that these
Regulations do not make adequate or appropriate provision for the remuneration
or the conditions of employment of that employee or class of employees, the
Minister may determine that the provisions of these Regulations shall apply to
that employee or class of employees subject to such modifications, additions
and exceptions as the Minister considers necessary.
(5) Subject to these Regulations, the Minister may determine, in relation to
any undertaking or any class of employees:
(a) the number of hours which shall constitute a week's work;
(b) the days upon which such hours shall be worked, Monday to Saturday,
inclusive;
(c) the periods on each day between which such hours shall be worked;
(d) that shifts shall be worked and the hours for working those shifts.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 65A
No work as directed - no pay
65A. (1) Where an employee refuses or fails to comply with a direction given
by a person having authority to give the direction, being a direction with
respect to work that he is performing or is to perform, the Secretary may
declare that the employee is not to be paid salary.
(2) A declaration under subregulation (1) in relation to the refusal or
failure of an employee to comply with a direction:
(a) shall specify the time (which may be a time before the declaration is
made but not earlier than the time when the employee refused or failed, or
first refused or first failed, to comply with the direction) from which the
declaration shall have effect, or shall be deemed to have had effect; and
(b) has effect and shall be deemed to have had effect, according to its
tenor, from the time so specified until it is revoked in accordance with this
regulation.
(3) An employee is not entitled to be paid salary in respect of any period
in respect of which a declaration under subregulation (1) has effect, or is to
be deemed to have had effect, in relation to him.
(4) The Secretary:
(a) may, at any time, vary or revoke a declaration in force under
subregulation (1) either wholly or in relation to a specified employee; and
(b) shall, upon becoming satisfied that an employee in respect of whom a
declaration under subregulation (1) is in force has been complying, or will
comply, from a particular time, with all relevant directions with respect to
the work that he is performing, or is to perform, given by persons having
authority to give those directions, revoke, as from that time, that
declaration, or that declaration in its application to that employee, as the
case requires.
(5) A declaration made under subregulation (1) in respect of a refusal or
failure of an employee to comply with a particular direction, or with
particular directions, has effect in accordance with subregulation (2)
notwithstanding that, at any time while it is in force, the employee:
(a) attends for duty and performs work other than work to which that
direction, or any of those directions, as the case requires, relates; or
(b) attends for duty and, in the performance of his work, complies with that
direction, or with some or all of those directions, as the case requires, in
part only.
(6) A declaration under subregulation (1), and a variation or revocation of
such a declaration:
(a) shall be made in writing; and
(b) shall be signed:
(i) by the Secretary; or
(ii) by a person to whom the Secretary has delegated his powers
under this regulation.
(7) Subject to subregulation (8), the powers conferred on the Secretary by
this regulation are in addition to, and not in substitution for, any other
powers conferred by or under the Act on the Secretary or on any other person
in relation to an employee.
(8) While a declaration under subregulation (1) is in force in respect of
the refusal or failure of an officer or employee to comply with a direction,
or with two or more directions, proceedings shall not be taken against the
employee under regulation 46 in respect of any refusal or failure of the
employee in respect of which that declaration was made.
(9) Where a declaration is made under subregulation (1) in respect of an
employee, or such a declaration is varied or revoked, the Secretary shall
cause the employee concerned to be notified, and may cause such other notice
as he deems appropriate to be given, of the making of the declaration or of
the variation or revocation of the declaration, as the case may be.
(10) In this regulation, unless the contrary intention appears:
"direction" includes an order and an instruction;
"salary", in relation to an employee, includes any remuneration and
allowances that are payable in respect of the service of the employee.
(11) This regulation has full force and effect, and declarations in force
under this regulation have full force and effect according to their tenor,
notwithstanding any inconsistency with any other provision of these
Regulations.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 66
Regulations not to operate in contravention of section 27 (2)
66. The provisions of these Regulations as to the terms and conditions of
employment of persons engaged in employment in pursuance of these Regulations
in their application in relation to any employee or class of employees shall
be deemed not to include any provision which would operate in contravention of
subsection (2) of section 27 of the Act.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 67
Attendance
67. (1) Employees shall record their time of entering or leaving the
undertaking in such manner as the Manager determines.
(2) An employee shall not fail to record his time on entering or leaving,
and an employee shall not record the time of any other employee.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 68
Late attendance
68. Any employee who arrives at his work after the time fixed for commencing
duty shall forfeit pay for such period as the Manager determines.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 69
Absence from duty
69. (1) An employee shall not absent himself from his work during working
hours except by express permission of the Manager, unless he is on authorized
leave or reasonable cause is shown.
(2) Any employee who absents himself from his work in contravention of the
last preceding subregulation shall forfeit pay for the period of his absence.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 70
Illness or other emergency
70. If an employee is prevented by illness or other emergency from attending
for duty, he shall report the fact immediately through the head of the branch
to the Manager.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 71
Absence without leave
71. Where an employee is absent without leave and fails to show reasonable
cause for his absence, he shall forfeit his pay for each day or part of a day
of such absence.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 72
Leave of absence for illness or injury
72. (1) Sick leave shall be granted to employees in accordance with the
scale contained in the appropriate industrial award, order, determination or
agreement.
(2) Applications for leave of absence on the ground of illness, or due to
any injury sustained in the discharge of duty, shall be supported by the
certificate of a duly qualified medical practitioner; otherwise sick leave
shall be without pay:
Provided that the Manager may grant leave of absence on the ground of illness,
without production of a medical certificate, to the extent of four days in the
aggregate in any twelve months, subject to any continuous period of leave so
granted not exceeding two days.
(3) Leave of absence in case of injury shall not be reckoned as or included
in leave of absence for recreation.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 73
Illness or injury caused through misconduct
73. (1) If an employee suffers illness or injury caused through his own
misconduct, he shall not be granted leave with pay in respect of any period of
absence from duty on account of the illness or injury.
(2) If the Manager has occasion for doubt as to the cause of the illness or
injury or the reason for the absence, he may instruct an approved medical
practitioner to visit and examine the employee, or may direct the employee to
attend on the medical practitioner for examination.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 74
Payment for holidays during leave
74. The rate paid to an employee for public holidays during his absence on
sick leave shall be the same as that allowed for the period of leave in which
the holiday occurs.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 75
Health of employee affected by toxic substances
75. An employee, who is reported by a Commonwealth Medical Officer to need
recuperative treatment owing to general debility arising out of contact on
duty with toxic substances used in connexion with the work of the undertaking
in which he is engaged, may be granted special leave of absence with full pay.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 76
Prescribed holidays
76. (1) In addition to the holidays prescribed in the appropriate industrial
award, order, determination or agreement, the Minister may authorize
additional days or half-days as holidays not exceeding in the whole four days
in any one calendar year.
(2) Notwithstanding the occurrence of any holiday, the Minister may require
an undertaking or any part thereof to be kept open in the public interest for
the whole or any portion of that holiday and may require the attendance and
services of any employee during the whole or any portion of that holiday; but
in that case that employee shall be granted an additional day's pay or
proportion thereof, as the case requires, provided that no proportion shall be
less than one half-days' pay.
(3) An employee who is absent without leave on the day before or after a
holiday shall not receive pay for the holiday.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 77
Closing of undertaking
77. In each year, at such time as the Minister approves, an undertaking may
be closed down for a period of two weeks, but the Minister may require an
undertaking or any part thereof to be kept open in the public interest for the
whole or any portion of that period, and may require the attendance and
services of any employee during the period.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 79
Employees called as witnesses
79. (1) An employee who is subpoenaed or called as a witness before any
Court shall promptly notify the Manager.
(2) An employee required as a witness on behalf of the Commonwealth shall
not be entitled to receive any witness fee, but shall be granted leave with
pay for the period of necessary absence, and in cases where the employee is
required to travel he may be allowed his ordinary travelling allowance.
(3) An employee who is subpoenaed or called as a witness on behalf of a
State shall, as regards his attendance, to give evidence, be deemed to be
engaged in the performance of his official duties, and no witness fees (other
than the expenses, if any, paid by the Commonwealth for his travelling
allowances) shall be charged by or paid to him on account of his being so
subpoenaed or called. Any amount received by the employee otherwise than from
the Commonwealth, in respect of travelling expenses shall be paid into the
Consolidated Revenue Fund.
(4) An employee who is subpoenaed or called as a witness in any other
circumstances may be granted leave, but such leave shall be without pay, and
any fees received as a witness may be retained by the employee.
SUPPLY AND DEVELOPMENT REGULATIONS - PART IV
PART IV - MINERALS
SUPPLY AND DEVELOPMENT REGULATIONS - REG 80
Part to bind Crown
80. This Part shall bind the Crown in right of the Commonwealth or of a
State.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 81
Control of minerals
81. (1) If he considers it necessary in the interests of the defence of the
Commonwealth so to do, the Minister may, by order published in the Gazette,
prohibit, except with the authority of a licence granted by the Minister:
(a) the working of any minerals specified in the order; or
(b) the acquisition, production, treatment, possession, use, disposal,
export or import of any minerals.
(2) The Minister may grant a licence to any person and may, at any time,
revoke a licence.
(3) The Minister shall not refuse to grant a licence, and shall not revoke a
licence, unless he considers it necessary to the defence of the Commonwealth
so to do.
(4) A licence may be subject to such terms and conditions as the Minister
considers to be required in the interests of the defence of the Commonwealth.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 82
Power to obtain information
82. The Minister may, by notice in writing served on any person, require
that person to furnish in writing in the manner and within the time or times
specified in the notice a return or returns containing such particulars as are
specified in the notice relating to:
(a) any minerals in his possession or under his control; or
(b) any work carried out by him or on his behalf or under his direction in
connexion with the production or use of any minerals.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 83
Power to enter land
83. (1) The Minister may, if he considers it desirable in the interests of
the defence of the Commonwealth so to do, by writing under his hand, authorize
any person to enter on any land specified in the writing on or under which the
person so authorized has reasonable grounds to believe that any minerals may
exist and the person so authorized may:
(a) enter on land in accordance with the authority;
(b) make observations or tests, or carry on experimental mining operations;
and
(c) extract or remove samples of minerals.
(2) A person shall not obstruct or hinder any person so authorized in the
exercise of any power under this regulation.
Penalty: Fifty pounds or imprisonment for three months, or both.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 84
Compensation
84. Where any person suffers loss or damage by reason of anything done in
pursuance of regulations 81 or 83 of these Regulations in relation to any land
or minerals in which he has any legal or equitable interest, the Commonwealth
shall be liable to pay to that person such compensation as is agreed upon
between the Commonwealth and that person or, in default of agreement, is
determined by action against the Commonwealth in any court of competent
jurisdiction.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 85
Offence
85. A person shall not refuse or fail to comply with any notice given to him
or requirement made of him under this Part.
Penalty: Fifty pounds or imprisonment for three months, or both.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 86
Rewards
86. (1) The Minister may, if he considers it desirable in the interests of
the defence of the Commonwealth so to do, authorize the grant of rewards to
any persons or class of persons upon such terms and conditions as he thinks
fit for the discovery of any minerals or any deposits of mineral ore.
(2) The grant of any reward under this regulation shall be in the absolute
discretion of the Minister.
(3) An action shall not be maintainable by any person in any court for the
recovery or payment of any reward claimed by that person under this
regulation.
SUPPLY AND DEVELOPMENT REGULATIONS - PART V
PART V - GENERAL
SUPPLY AND DEVELOPMENT REGULATIONS - REG 87
Regulations to bind Crown
87. Regulations 88, 89 and 90 of this Part shall bind the Crown in right of
the Commonwealth or of a State.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 88
Protection of persons and property
88. (1) If in relation to any undertaking the Minister is satisfied that
safety measures should be taken against risks arising from any operations of
the undertaking or that measures should be taken for the protection of
property of the Commonwealth, he may authorize the taking of such action as
appears to him to be necessary or expedient for the protection of persons or
property within the premises assigned to the undertaking.
(2) The power of the Minister under this regulation shall include power to
authorize any member of the police force of the Commonwealth or of a State or
of a Territory which is part of the Commonwealth any Peace Officer appointed
under the Peace Officers Act 1925 or any person thereto appointed in writing
by the Minister without warrant, to detain for the purposes of search, and to
search, any person (including any officer or employee of the Commonwealth)
entering or seeking to enter, or being within, the premises assigned to an
undertaking, and any bag or other article in the possession of that person:
Provided that no female person shall be searched in pursuance of any such
authorization except by a female person.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 89
Entry upon and use of land
89. (1) The Minister may authorize entry upon and the use on behalf of the
Commonwealth of any area of land or water for the purposes of setting up,
maintenance and conduct of undertakings, or for carrying out operations for
the testing of war materiel.
(2) Where any person suffers loss or damage by reason of anything done in
pursuance of subregulation (1) of this regulation in relation to any land or
water in which he has any legal or equitable interest, the Commonwealth shall
be liable to pay to that person such compensation as is agreed upon between
the Commonwealth and that person, or, in default of agreement, is determined
by action against the Commonwealth in any court of competent jurisdiction.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 90
Prohibited areas
90. (1) If it appears to the Minister that, with respect to any place used
or intended to be used as or for the purposes of an undertaking or for
carrying out operations for the testing of war materiel, it is necessary or
expedient in the interests of the safety or defence of the Commonwealth that
special precautions should be taken to prevent the entry of unauthorized
persons into that place, he may, by notice published in the Gazette, declare
that place to be a prohibited area for the purposes of these Regulations and
that place shall, until the notice is revoked, be a prohibited area for the
purposes of these Regulations.
(2) A person shall not enter, be or remain in a prohibited area except with
the permission of an authority or person authorized by the Minister to give
such permissions.
Penalty: Fifty pounds or imprisonment for three months, or both.
(3) A permission under the last preceding subregulation may be given subject
to such conditions (including conditions as to the conduct in the prohibited
area of the person to whom the permission is given) as the authority or person
giving the permission considers necessary for the protection of persons and
property in the area and of official secrets, and a person shall comply with
and observe every such condition which is applicable to him.
Penalty: Fifty pounds or imprisonment for three months, or both.
(4) A person who enters, is or remains in a prohibited area in contravention
of this regulation, or who fails to comply with or observe any condition
applicable to him under the last preceding subregulation may, without
prejudice to any proceedings which may be taken against him, be removed from
the prohibited area by or under the direction of a constable or Commonwealth
officer or person thereto authorized by the Minister.
(5) Where, by reason of this regulation or of anything done in pursuance of
this regulation, a person ordinarily resident in a prohibited area at the time
when the area becomes a prohibited area suffers any loss, injury or damage in
circumstances which, in the opinion of the Minister, entitle him to be
compensated by the Commonwealth, he shall be paid by the Commonwealth such
compensation as the Minister determines.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 91
Smoking etc. in protected place
91. (1) A person shall not, without permission by the Manager of the
undertaking:
(a) smoke, strike a match, light a fire or in any way procure a naked light
or flame; or
(b) be in possession of tobacco, matches, flame lighters, candles, lamps or
other material or articles used or capable of being used for smoking or for
procuring a naked light or flame;
in any protected place.
Penalty: Fifty pounds or imprisonment for three months, or both.
(2) In this regulation, "protected place" means any part of the premises
assigned to an undertaking which is declared by the Minister or the Manager of
the undertaking, by notice in writing, to be a protected place for the
purposes of this regulation.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 92
Liability on behalf of the Government not to be incurred
92. No person, unless duly authorized in that behalf, shall incur any
liability or enter into any contract on behalf of the Government or alter the
terms or conditions of any approved contract.
Penalty: Fifty pounds or imprisonment for three months, or both.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 93
Contracts with Commonwealth
93. (1) A contractor shall not fraudulently:
(a) convert to his own use any property belonging to or supplied by or for
the Commonwealth or any authority of the Commonwealth for the purpose of the
performance of any work or services or the supply of any goods by the
contractor to the Commonwealth or to the authority of the Commonwealth; or
(b) incur any charge or expenditure against, or render any account or make
any claim upon, the Commonwealth or any authority of the Commonwealth with
respect to the performance of any work or services or the supply of any goods
by the contractor to the Commonwealth or to the authority of the
Commonwealth.
Penalty: Fifty pounds or imprisonment for three months, or both.
(2) Without prejudice to any other action or proceedings, the Commonwealth
or authority of the Commonwealth (as the case may be) may sue for and recover
the value of any such property or any such charge or expenditure.
(3) For the purposes of this regulation, "contractor" means a person who has
entered into a contract with the Commonwealth or an authority of the
Commonwealth for any purpose arising under the Act and includes any person
subcontracting with, or employed by, any contractor and any person performing
any work or service, or supplying any goods, necessary for the execution by
the contractor of any such contract.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 94
Applications for patents
94. An officer or employee shall not, except with the consent in writing of
the Minister, make an application for a patent for an invention made by him in
the course of his employment or relating to any matter or work connected with
his employment.
SUPPLY AND DEVELOPMENT REGULATIONS - REG 95
Saving
95. (1) Any contract or agreement:
(a) to which the Commonwealth, a Minister or any Board or authority of the
Commonwealth is a party;
(b) which was subsisting immediately prior to the commencement of these
Regulations; and
(c) which was entered into or made under any Regulations repealed by these
Regulations;
shall, subject to the next succeeding subregulation, continue in full force
and effect.
(2) Where a Board or authority of the Commonwealth is a party to any such
contract or agreement and that Board or authority has ceased to exist, the
Commonwealth shall be deemed to be substituted for that Board or authority as
a party to the contract or agreement.
(3) Where, immediately prior to the commencement of these Regulations, a
Board or an authority of the Commonwealth constituted under any Regulations
repealed by these Regulations was a party to an action or other proceeding and
that Board or authority has ceased to exist, the Commonwealth shall be
substituted for that Board or authority as a party to that action or
proceeding.
(4) Where, immediately prior to the commencement of these Regulations,
property or assets were, under any Regulations repealed by these Regulations,
vested in a Board or an authority of the Commonwealth and that Board or
authority has ceased to exist, that property or those assets shall be deemed
to be vested in the Commonwealth.
(5) Every order, direction, declaration, rule, authority, delegation or
other instrument made, given or conferred under the Regulations repealed by
these Regulations and in force or subsisting immediately prior to the
commencement of these Regulations shall, subject to these Regulations,
continue in force or subsist as if made under these Regulations until amended
or revoked by competent authority.
SUPPLY AND DEVELOPMENT REGULATIONS - SCHEDULE 2
SCH
THE SCHEDULES
THE SECOND SCHEDULE Regulation 45
Commonwealth of Australia
Supply and Development Regulations
OATH
I, , do swear that I will be faithful and bear true
allegiance to the King, and will loyally as in duty bound uphold the
Constitution of the Commonwealth of Australia established under the
Crown of the United Kingdom. SO HELP ME, GOD]
Made and subscribed at this day of 1949.
Before me
(A person authorized under regulation 45 of the Regulations).
AFFIRMATION
I, , do solemnly and sincerely affirm and declare
that I will be faithful and bear true allegiance to the King, and
will loyally as in duty bound uphold the Constitution of the
Commonwealth of Australia established under the Crown of the United
Kingdom.
Made and subscribed at this day of .
Before me
(A person authorized under regulation 45 of the Regulations).
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