Defence (National Security - Ships and Aircraft Transfer) Regulations

Legislation au C1939L00074 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1939. No. 74.

 

REGULATIONS RELATING TO THE RESTRICTION OF THE TRANSFER OF SHIPS AND AIRCRAFT.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, in pursuance of the powers conferred by the Defence Act 1903-1939 and all other powers me thereunto enabling, hereby make the following Regulations.

Dated this twenty-fifth day of August, 1939.

GOWRIE

Governor-General.

By His Excellency’s Command,

PERCY C. SPENDER

for Minister of State for Defence.

 

Defence (National Security—Ships and Aircraft Transfer) Regulations.

Citation.

1. These Regulations may be cited as the Defence (National Security—Ships and Aircraft Transfer) Regulations.

Definitions.

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

“aircraft” means any flying machine, glider, airship or balloon (whether fixed or free) ;

“Australia” includes the Territories of the Commonwealth;

“Australian aircraft” means aircraft registered in Australia and includes any aircraft within Australia which have at any time (whether before or after the commencement of these Regulations) been registered in Australia and are not for the time being registered in any place outside Australia;

“ Australian ship ” means a ship registered in Australia;

“ Merchant Shipping Act ” means the Imperial Act known as the Merchant Shipping Act, 1894, and includes any amendment thereof;

“ship” has the same meaning as in the Merchant Shipping Act.

Restriction on transfer or mortgage of ships.

3. — (1.) A person shall not, except with the consent of the Minister (proof whereof shall lie upon him)—

(a) transfer any Australian ship or any share in such ship;

(b) mortgage any such ship or share; or

(c) transfer a mortgage of any such ship or share.

(2.) Any transfer or mortgage effected in breach of this regulation shall be void.

 

* Notified in the Commonwealth Gazette on 25th August, 1939.

4855.—Price 3d.


(3.) Any ship, or share in a ship, which is the subject of any transfer or mortgage prohibited by this regulation, shall be subject to forfeiture, and section seventy-six of the Merchant Shipping Act shall apply in relation to any ship which has become subject to forfeiture under this section as it applies in relation to ships which have become subject to forfeiture under Part I. of that Act.

Restriction on transactions in respect of aircraft and parts thereof.

4. — (1.) A person shall not, except with the consent of the Minister (proof whereof shall lie upon him), sell, transfer or let on hire (whether under charter or otherwise), or do anything involving the creation of a charge on—

(a) any Australian aircraft; or

(b) any airframe, aero-engine or airscrew which is within Australia and is not an airframe forming part of, or an aero-engine or airscrew installed in, an aircraft which is not an Australian aircraft.

(2.) Any transaction effected in breach of this regulation shall be void.

Form of Minister’s consent.

5. —(1.) The consent of the Minister under regulation three or four of these Regulations may be given either generally or in  relation to a particular case, and may be given subject to such terms and conditions (if any) as the Minister thinks fit.

(2.) Where, in pursuance of regulation three or four of these Regulations, the Minister has consented to any transfer, mortgage or other transaction subject to terms or conditions—

(a) any person who fails to comply with any such term or condition applicable to him shall be guilty of an offence against these Regulations; and

(b) the transfer, mortgage or other transaction shall be deemed to have been effected without the consent of the Minister and the provisions of these Regulations shall be applicable accordingly.

Trial of offences.

6. —(1.) Any person who contravenes, or fails to comply with, any provision of these Regulations, or with, any order, rule or by-law made in pursuance of any such provision, shall be guilty of an offence against these Regulations.

(2.) An offence against these Regulations 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.

(3.) The punishment for an offence against these Regulations shall be—

(a) if the offence is prosecuted summarily—a fine not exceeding One hundred pounds or imprisonment for a term not exceeding six months, or both; or

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

(4.) For the purpose of the trial of a person summarily or upon indictment for an offence against these Regulations, the offence shall be deemed to have been committed either at the place in which it was actually committed or (subject to the Constitution) at any place in which the person may be.

 

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

Overview

The Defence (National Security—Ships and Aircraft Transfer) Regulations were enacted in 1939 to address national security concerns relating to the transfer and mortgage of ships and aircraft within Australia. This legislative instrument was made under the authority of the Defence Act 1903-1939 and was brought into effect by the Governor-General in Council. The primary policy objective of these Regulations was to safeguard national security by controlling the transfer, mortgage, and other transactions involving Australian ships and aircraft, thereby preventing potential threats to defence and security. The Regulations prohibit the transfer, mortgage, or other dealings with Australian ships and aircraft without the explicit consent of the Minister, with violations rendering such transactions void and subject to potential forfeiture and penalties. This legislative measure was crucial in the context of heightened global tensions leading up to World War II, ensuring that Australia could protect its critical maritime and aerial assets.

Scope and Application

The Defence (National Security—Ships and Aircraft Transfer) Regulations, made under the Defence Act 1903-1939, apply to any person intending to transfer, mortgage, sell, or otherwise engage in transactions involving Australian ships and aircraft. These Regulations cover all ships and aircraft registered in Australia and any aircraft parts within Australia that are not part of non-Australian aircraft. The geographic reach of these Regulations includes the Commonwealth of Australia and its territories. The Regulations prohibit the transfer, mortgage, sale, or any other dealings with Australian ships or aircraft without the consent of the Minister for Defence, with exceptions laid out in the Regulations. Such dealings conducted in contravention of these provisions are declared void and can lead to the forfeiture of the ship or aircraft involved. The consent of the Minister can be granted either generally or for specific cases and may be subject to conditions, failure to comply with which constitutes an offence under the Regulations. The Regulations also provide for the prosecution of offenders, who may be subject to fines and imprisonment depending on the manner of prosecution.

Key Provisions

The Defence (National Security—Ships and Aircraft Transfer) Regulations, 1939, establish specific controls on the transfer, mortgage, sale, and leasing of ships and aircraft within Australia to safeguard national security. Section 3 prohibits the transfer or mortgage of Australian ships without the Minister's consent. Any transfer or mortgage carried out without the required consent is declared void, and the ship or share may be subject to forfeiture (section 3(2)). Similarly, section 4 restricts transactions involving Australian aircraft and certain aircraft parts within Australia, unless approved by the Minister. Transactions conducted in violation of this regulation are also rendered void. The Act imposes clear obligations on individuals and entities involved in the transfer, mortgage, sale, or leasing of ships and aircraft. Under section 3, any person must obtain the Minister's consent before transferring or mortgaging an Australian ship or any share in such ship. Likewise, section 4 mandates that the Minister's approval is necessary before any sale, transfer, lease, or creation of a charge on Australian aircraft or specified aircraft parts within Australia. Failure to adhere to these consent requirements subjects the parties to the voidance of the transaction and potential forfeiture of the asset. Breach of these regulations constitutes an offence. Section 6 stipulates that anyone contravening the provisions or failing to comply with related orders, rules, or by-laws is guilty of an offence. The penalties for such offences vary based on the manner of prosecution. For summary prosecution, the maximum penalty is a fine not exceeding One hundred pounds, imprisonment for up to six months, or both. Indictable offences carry more severe penalties, including fines of any amount and imprisonment for any term, or both. Importantly, an offender cannot be punished more than once for the same offence.

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National Security Law
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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.