Conduct and Management of Government Factories Regulations (Amendment)

Legislation au C1920L00152 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1920. No. 152.

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REGULATIONS UNDER THE DEFENCE ACT 1903-18

I, SIR WILLIAM HILL IRVINE, the Deputy of the Governor General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council hereby make the following Regulations under the Defence Act 1903-18, to come into operation on and from 6th September, 1920.

Dated this first day of September, 1920.

W. H. IRVINE,

Deputy of the Governor-General.

By His Excellency’s Command,

G. F. PEARCE,

Minister of State for Defence,

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Regulations for the Conduct and Management of Government Factories.

Amendments.

Regulation 1 of the above Regulations is amended—

(a) By omitting the definition of the word “Secretary”; and

(b) by omitting the definition of the word “Factory”, and inserting in its stead the following definition:—

“‘Factory’ or ‘Government Factory’ means any manufacturing establishment established under section 63 of the Act and placed under the administration of the Minister of State for Defence;” and

(c) by adding at the end of the Regulations, the following definition:—

“‘The Board’ means the Board of Factory Administration appointed in pursuance of these Regulations.”

Regulation 2 of the above Regulations and the heading “Responsibility of Secretary” are repealed, and the following regulation and heading inserted in their stead:—

“Board of Factory Administration”.

2. (1) There shall be a Board for the administration of Government Factories to be called the Board of Factory Administration, and the Governor-General may appoint fit and proper persons, not exceeding four in number, to be members of the Board. Such members shall hold office during the pleasure of the Governor-General.

(2) The Governor-General may appoint a member of the Board of Factory Administration to be Chairman of the Board.

(3) The Board shall have, hold, exercise and perform, subject to the control of the Minister, such powers and functions respecting the administration of Government Factories as may be vested in or conferred upon it by these Regulations.


(4) In addition to any other powers and functions vested in or conferred upon it as aforesaid; the Board shall be charged with—

(a) The efficient and economical conduct of all Government Factories;

(b) The co-ordination of the work of the several Government Factories;

(c) Any matter affecting the administration of Government Factories not governed by regulation or by any instruction issued by the Minister.

(5) The Board shall have authority to incur expenditure upon—

(a) Purchase of raw materials, fuel, and maintenance stores of all kinds within the limit of available funds;

(b) Replacement of and repairs to existing Government Factory buildings, plant, machinery, furniture, and fittings within the limit of available funds;

(c) New machinery, plan, furniture, and fittings not exceeding £2,000 in any one factory at any one time.

(6) The Board shall determine its rules and order of procedure, provided, however, that—

(a) Meetings of the Board shall he summoned by the Minister or by the Chairman, or in the absence of the Chairman by the Deputy Chairman;

(b) The Chairman, or in his absence the Deputy Chairman shall preside;

(c) The Deputy Chairman shall be nominated by the Chairman;

(d) Two members of the Board shall constitute a quorum;

(e) Questions shall be decided by a majority of votes, and in the event of an equality of voting, the presiding member shall have a casting vote; provided that should there be equality of voting upon any question when less than four members are present the matter shall be postponed until the next meeting.

(7) (a) The Board may, by willing 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 with respect to the matters or class of matters specified or defined in the instrument of delegation;

(b) Every such delegation shall be revocable at will, and no delegation shall prevent the exercise of any power by the Board.

(8) Questions connected with the administration of Government Factories which affect the policy of the Government for the time being are to be referred to the Minister.

(9) There will be a Secretary to the Board who will he an officer of the Secretariat, Department of Defence, and who will exercise such functions and perform such duties as the Board may direct.

Regulations 4 (a), 4 (d), 42, 86, and 87 of the above Regulations are amended by omitting the word “Minister” and inserting in its stead the word “Board”.

Regulation 87 of the above Regulations is amended by omitting the word “he” and inserting in its stead the words “the Board”.

The Regulations are amended by omitting the words “the Secretary” (wherever occurring, except in Regulation 2) and inserting in their stead the words “the Board”.

 

 

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Printed and Published for Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.

Overview

The Statutory Rules of 1920 No. 152, made under the Defence Act 1903-18, establish regulations concerning the conduct and management of Government Factories, reflecting the need for a structured administrative framework within the Department of Defence. Enacted by Sir William Hill Irvine, the Deputy of the Governor-General, with the advice of the Federal Executive Council, these regulations aim to streamline the governance of government-operated manufacturing establishments. The policy objective is to ensure efficient, economical, and coordinated administration of these factories under the purview of the Board of Factory Administration, appointed by the Governor-General. This legislative instrument seeks to provide clear guidelines and authority to the Board, enhancing oversight and operational efficiency in the management of government factories.

Scope and Application

The Regulations under the Defence Act 1903-18, established by Statutory Rules 1920 No. 152, primarily govern the conduct and management of Government Factories, which are defined as any manufacturing establishments established under section 63 of the Act and administered by the Minister of State for Defence. These Regulations, effective from 6th September 1920, apply to all persons and entities involved in the operation of these Government Factories. The scope of the Regulations includes the administration, coordination, and efficient conduct of these factories, as well as the management of their expenditure and the delegation of powers within the Board of Factory Administration. The geographic reach of these Regulations is national, as they are issued under the Commonwealth of Australia. The Regulations further detail the composition and functions of the Board of Factory Administration, including the appointment of up to four members by the Governor-General, the delegation of powers, and the referral of policy matters to the Minister. Additionally, the Regulations specify the financial limits for the purchase of materials, repairs, and new machinery within any single factory. Subordinate instruments may extend or further define the application of these Regulations.

Key Provisions

The Regulations under the Defence Act 1903-18, as amended, establish a Board of Factory Administration to oversee government factories. Regulation 1 introduces a new definition of "Factory" and "Board," specifying that a "Factory" or "Government Factory" refers to any manufacturing establishment established under section 63 of the Defence Act and administered by the Minister of State for Defence. The Board of Factory Administration is established under Regulation 2, which replaces the previous arrangement under Regulation 1. The Board consists of up to four members appointed by the Governor-General, who can also designate a Chairman from among the members. The Board is tasked with the efficient and economical management of all government factories, the coordination of factory work, and any administrative matters not governed by specific regulations or ministerial instructions. The Board has the authority to incur expenditure on raw materials, maintenance stores, repairs, and new equipment, subject to available funds, with a limit of £2,000 for new machinery in any one factory at any one time. The Board's responsibilities include determining its own rules and procedures, subject to certain conditions such as meeting summons, quorum requirements, and voting procedures. It can delegate its powers to individual members through a written instrument, which is revocable at any time. Any administrative issues that impact government policy must be referred to the Minister. Additionally, a Secretary to the Board, an officer from the Department of Defence's Secretariat, will be appointed to carry out the Board's directives. Regulations 4 (a), 4 (d), 42, 86, and 87 have been amended to replace references to the "Minister" with "Board," and "Secretary" with "Board," except where the Secretary is already mentioned in Regulation 2. Regulation 87 is also amended to replace "he" with "the Board." Failure to comply with these regulations could result in administrative penalties or legal consequences, though specific penalties are not outlined in the text. The Board's decisions and actions are subject to the Defence Act 1903-18 and any applicable laws, which may include civil or criminal penalties for non-compliance, fraud, or other breaches of duty. The precise nature and extent of any penalties would depend on the specifics of the breach and the applicable legal provisions.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.