STATUTORY RULES.
1945. No. 33.
REGULATION UNDER THE DEFENCE ACT 1903-1941.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Defence Act 1903-1941.
Dated this seventh day of March, 1945.
HENRY
Governor-General.
By His Royal Highness’s Command,
JOHN CURTIN
Minister of State for Defence.
Amendment of the Civilian Staff Regulations.†
Regulation 21a of the Civilian Staff Regulations is repealed and the following regulation inserted in its stead:—
Applications for patents by officers or temporary employees.
“21a. An officer or temporary 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.”.
* Notified in the Commonwealth Gazette on 15th March, 1945.
† Statutory Rules 1926, No. 209. as amended by Statutory Rules 1928, Nos. 19, 36, 58 and 86; 1929, Nos. 38, 79 and 102; 1930, Nos. 29, 50, 75, 100 and 139; 1931, Nos. 15, 48, 49 and 60; 1932, Nos. 11, 37, 113 and 126; 1933, Nos. 9, 51, 59, and 86; 1934, Nos. 5, 105 and 144; 1935, No. 106; 1936. Nos. 28, 43, 117, 130 and 152; 1937, Nos. 15 and 79; 1938, Nos. 8 and 82; 1939, Nos. 13, 18 and 172; 1941, Nos. 163 and 166; and 1942, No. 120.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
963.—Price 3d.
Overview
The Statutory Rules of 1945, No. 33, made under the Defence Act 1903-1941, addresses a specific issue concerning the protection of intellectual property within the Defence sector. Enacted by the Governor-General in Council, the regulation was aimed at ensuring that any inventions or discoveries made by officers or temporary employees in the course of their employment or related to their employment duties are subject to the approval of the Minister. This regulation was necessary to safeguard the interests of the Commonwealth in sensitive and potentially strategic inventions, reflecting a policy objective to maintain control over intellectual property that could be of national security significance. The regulation was published in the Commonwealth Gazette on 15 March 1945, marking a significant amendment to the existing Civilian Staff Regulations.
Scope and Application
The regulation under the Defence Act 1903-1941, specifically amending Regulation 21a of the Civilian Staff Regulations, applies to officers and temporary employees within the defence sector. The regulation explicitly prohibits these individuals from making an application for a patent for an invention made in the course of their employment or related to their employment without the prior written consent of the Minister. This provision aims to ensure that any inventions arising from work within the defence sector are properly managed and controlled, likely to safeguard sensitive information and maintain operational security. The regulation extends its reach to all officers and temporary employees within the defence sector, irrespective of their specific roles or locations within the Commonwealth of Australia. This broad application underscores the importance of the regulation in managing intellectual property within the defence industry, reflecting a national concern for security and innovation management.
Key Provisions
The regulation, numbered 21a, replaces an existing regulation (Regulation 21a) under the Civilian Staff Regulations. It prohibits officers or temporary employees from applying for a patent for an invention they made during their employment or related to their employment, unless they have obtained written consent from the Minister (Section 21a). This requirement ensures that any inventions created during the course of employment or related to employment remain the intellectual property of the employer, thereby protecting the interests of the entity employing the staff.
The regulation imposes clear obligations on officers and temporary employees, mandating that they refrain from seeking patents for relevant inventions without the Minister's explicit consent. This written consent must be obtained prior to any application being made, ensuring that the employer has the opportunity to review and potentially claim ownership of the invention. The regulation is designed to maintain the integrity and proprietary interests of the employing entity, particularly in areas related to national security and defence.
Failure to comply with the requirements of this regulation can result in legal consequences. Although the specific penalties are not detailed within the regulation itself, it is reasonable to infer that unauthorised patent applications could lead to disciplinary action under the terms of employment, potential legal action for breach of contract, or other civil remedies. Additionally, in cases where the inventions pertain to sensitive or classified information, there may be additional criminal penalties under other relevant legislation, such as the Crimes Act 1914. The precise nature and severity of these penalties would depend on the specific circumstances and any additional applicable laws.