Defence Act 1941

Legislation au C1941A00004 Not in force Act

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DEFENCE.

 

No. 4 of 1941.

An Act to amend the Defence Act 1903–1939.

[Assented to 4th April, 1941.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Defence Act 1941.

(2.) The Defence Act 1903–1939 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Defence Act 1903–1941.


Commencement.

2. This Act, except sections three and four thereof, shall come into operation on the day on which it receives the Royal Assent, and those sections shall be deemed to have come into operation on the third day of September, One thousand nine hundred and thirty-nine.

Supplying inferior food, materials and equipment.

3. Section seventy-three c of the Principal Act is amended—

(a) by omitting the word “fraudulently” (wherever occurring);

(b) by adding, at the end of sub-section (1.), the words “,unless he proves that he supplied the article, material, equipment or beast without intent to defraud and that he neither knew nor had reasonable means of knowing that the article was so inferior or less in quantity or that the material, equipment or beast was so inferior.”; and

(c) by adding at the end of sub-section (2.) the words “,unless he proves that he received the article, material, equipment or beast without intent to defraud, and that he neither knew nor had reasonable means of knowing that it was supplied in contravention of this section.”.

4. Section seventy-three d of the Principal Act is repealed and the following sections inserted in its stead:—

Possession of certain things an offence.

“73d.—(1.) Any contractor who has in his possession—

(a) any goods (being goods of a like kind to goods which he has contracted to supply to the Commonwealth for use by the Defence Force or any portion thereof, or being goods of a like kind to goods which are suitable to form a constituent part of, or to be used in the manufacture or production of, goods so contracted to be supplied)—

(i) to which is applied, without lawful authority, any mark or design or the impression of any seal or stamp indicating that the goods have been inspected by or on behalf of the Commonwealth or have been accepted by or on behalf of the Commonwealth for delivery for such use;

(ii) to which is applied any mark or design or the impression of any seal or stamp so nearly resembling any such mark, design or impression as is referred to in the last preceding sub-paragraph as to be likely to lead to the belief that the goods had been so inspected or accepted; or

(iii) on which any mark or design or the impression of any seal or stamp applied by authority of the Commonwealth has, without lawful authority, been altered, added to or effaced or has in any way been falsified; or

(b) any die, device, seal or stamp capable of making any such mark, design or impression as is referred to in the last preceding paragraph,


shall be guilty of an offence, unless he proves that he had possession of the goods, die, device, seal or stamp without intent to defraud and that, in relation to any such goods, the mark, design or impression was applied without his knowledge and without his having the means of knowing of its application.

“(2.) For the purposes of this section—

(a) a mark or design shall be deemed to be applied to goods if it is impressed on, or annexed or affixed to, the goods; and

(b) a mark, design or impression shall be deemed to be applied to goods if—

(i) it is applied to the goods themselves; or

(ii) it is applied to any container, covering, label or thing in or with which the goods are had in possession.

Application of secs. 73c and 73d to bodies corporate.

“73e. Where a person to whom section seventy-three c or section seventy-three d of this Act applies is a body corporate, the body and every person being a director or a person concerned in the management of the body shall, in respect of any act or fact specified in either of those sections, be guilty of an offence unless—

(a) in the case of the body, it proves—

(i) that the act or fact took place or existed without the knowledge of any director, or of any person concerned in the management, of the body; and

(ii) that no such director or person concerned had reasonable means of preventing the act or fact taking place or coming into existence; or

(b) in the case of a person being a director or person concerned in the management of the body, he proves—

(i) that the act or fact took place or existed without his knowledge; and

(ii) that he did not have reasonable means of preventing the act or fact taking place or coming into existence.

Penalty.

“73f.—(1.) An offence under any of the six last preceding sections may be prosecuted either summarily or upon indictment, but an offender shall not be liable to be punished more than once in respect of the same offence.

“(2.) The punishment for an offence under any of the six last preceding sections shall be—

(a) if the offence is prosecuted summarily—a fine not exceeding One hundred pounds or imprisonment for six months or both; or, in the case of a body corporate, a fine not exceeding One thousand pounds; or

(b) if the offence is prosecuted upon indictment—a fine of any amount or imprisonment for any term, or both.”.

Overview

The Defence Act 1941 was enacted to amend the Defence Act 1903–1939, addressing issues related to the supply of inferior goods and materials to the Defence Force. This Act was passed by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, and it came into effect on the day of Royal Assent, with specific sections retroactively applying from 3 September 1939. The key objective of this legislation is to strengthen the provisions against fraudulent supply of substandard goods and materials, ensuring that contractors and corporate entities are held accountable for knowingly supplying or possessing such inferior items. This Act seeks to deter fraudulent practices by imposing stricter liability on those involved in the supply chain, including directors and management personnel of corporate bodies.

Scope and Application

The Defence Act 1941, which amends the Defence Act 1903-1939, applies to contractors supplying goods, materials, and equipment to the Commonwealth for use by the Defence Force or any portion thereof. The Act applies to individuals and bodies corporate, including directors and persons concerned in the management of such bodies, who are involved in the supply or possession of goods that have been fraudulently marked or altered. The Act has a national reach, applying throughout the Commonwealth of Australia, and is intended to ensure the integrity and quality of goods supplied for Defence purposes. The Act extends to include any goods similar to those contracted to be supplied, as well as any goods suitable for use in the manufacture or production of such items. Exclusions or exemptions are not explicitly stated in the text, and the application of the Act is not extended or restricted through subordinate instruments. Penalties for offences under the amended sections include fines and imprisonment, with the severity of the penalty varying depending on whether the offence is prosecuted summarily or on indictment.

Key Provisions

The Defence Act 1941 introduces significant amendments to the Defence Act 1903–1939, primarily targeting the supply of inferior goods to the Defence Force. Section 73c is amended to remove the requirement that the supply of inferior goods must be fraudulent, holding suppliers accountable even if they did not intend to defraud, provided they did not know or have reasonable means of knowing the goods were inferior or of lesser quantity (subsection 73c(1)). Additionally, the provision extends to receivers of such goods, who must prove they did not know or have reasonable means of knowing the goods were supplied in contravention of the Act (subsection 73c(2)). Section 73d introduces new offences related to the possession of goods that have been falsely marked or stamped as approved by the Commonwealth or have been altered in a way that falsifies their approval status (subsection 73d(1)). This applies to both the goods themselves and any containers or labels associated with them (subsection 73d(2)). The Act imposes several obligations on contractors and bodies corporate. Contractors are required to ensure that the goods they supply to the Defence Force meet the required standards and are not falsely marked or altered. Bodies corporate, including their directors and managers, are held accountable for any such acts if they occur within the corporate framework, with a requirement to prove lack of knowledge and absence of means to prevent such acts (section 73e). The Act also mandates that any person found in possession of goods under section 73d must prove they had no intent to defraud and no knowledge or means of knowing the goods were falsely marked or altered (subsection 73d(1)). Offences under the amended sections carry specific penalties. An offender can be prosecuted either summarily or upon indictment. For summary prosecution, the maximum penalty is a fine of up to one hundred pounds, imprisonment for up to six months, or both, with a higher fine of up to one thousand pounds for a body corporate (subsection 73f(1)(a)). For indictment, the penalties are more severe, with fines of any amount and imprisonment for any term, or both (subsection 73f(1)(b)). Importantly, an offender cannot be punished more than once for the same offence (subsection 73f(1)). These penalties underscore the seriousness of supplying inferior goods to the Defence Force and aim to deter such actions through significant legal consequences.

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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.