Loan Act (No. 2) 1939

Legislation au C1939A00046 Not in force Act

Legislation content

LOAN (No. 2).

 

No. 46 of 1939.

An Act to authorize the Raising and Expending of a certain Sum of Money.

[Assented to 8th December, 1939.]

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

Short title.

1. This Act may be cited as the Loan Act (No. 2) 1939.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.


Authority to borrow £25,235,000.

3. The Treasurer may, from time to time, under the provisions of the Commonwealth Inscribed Stock Act 19111933, or under the provisions of any Act authorizing the issue of Treasury Bills, borrow moneys not exceeding in the whole the amount of Twenty-five million two hundred and thirty-five thousand pounds.

Purpose for which money may be expended.

4.—(1.) The amount borrowed may be issued and applied for the expenses of borrowing and for the purposes set forth in the Schedule to this Act.

(2.) The amounts specified in the Schedule to this Act for the purposes of the Department of Defence may be issued and applied for the corresponding purposes of one or more or all of the Departments established in lieu of that Department.

 

THE SCHEDULE. Section 4.

Appropriated by this Act.

DEPARTMENT OF DEFENCE.

£

Navy.

 

Under Control of Department of Defence.

 

Reserves of stores, including ammunition, ordnance, torpedo stores and fuel oil.

14,400

Naval establishments—Machinery and plant and wireless telegraphy equipment.

7,100

Total Navy....................................

21,500

Army.

 

Under Control of Department of Defence.

 

Coast defences—equipment and works............................

3,300

Arms, armament and ammunition, mechanization, equipment and reserves....

340,500

Inspection Branch—Machinery, plant and gauges.....................

1,600

Total Army..........................

345,400

Air Force.

 

Under Control of Department of Defence.

 

Landplane and seaplane equipment and plant, including spare parts, machinery, tools, ordnance and engineering supplies and ammunition             

364,000

Warlike stores and equipment..................................

58,300

Under Control of Department of the Interior.

 

Buildings, works and sites....................................

116,800

Total Air Force........................

539,100

Total Department of Defence...............

906,000


The Schedulecontinued.

Appropriated by this Act.

 

DEPARTMENT OF SUPPLY AND DEVELOPMENT.

Defence Supplies Division.

£

Under Control of Department of Supply and Development.

 

Machinery and plant for manufacture of munitions......................

59,000

Reserves of raw materials.......................................

25,000

Armament annexes, plant, materials and experimental work................

150,000

Under Control of Department of the Interior.

 

Buildings, works, sites, fittings and furniture—Munitions factories............

71,000

Buildings, works, sites, fittings and furniture—Administrative section

4,000

Total Defence Supplies Division...............

309,000

Aircraft Construction Branch.

 

Under Control of Department of Supply and Development.

 

Construction of airframes and engines—for payment to the credit of Aircraft Trust Account 

292,000

Under Control of Department of the Interior.

 

Buildings, works, sites, fittings and furniture..........................

86,000

Total Aircraft Construction Branch.............

378,000

Total Department of Supply and Development...........

687,000

WAR SERVICES.

 

Department of Defence.

 

Pay and allowances of universal military service personnel, mobilized and volunteer forces, special staffs and guards, ordnance and armament stores, ammunition, fuel requirements for Navy, Army and Air Force, naval construction, fleet auxiliaries and charter of naval craft, machinery, plant, mechanical transport and other equipment, purchase and charter of aircraft, buildings, works and sites, furniture and fittings, expenditure related to manufactured munitions, and other miscellaneous war services

 

Navy....................................................

5,969,800

Army....................................................

12,267,700

Air Force..................................................

3,012,500

Total Department of Defence....................

21,250,000

Department of Supply and Development.

 

Manufacture of munitions including pay, general expenses, working credit for factories, machinery, plant and works, and miscellaneous war services             

2,142,000

Total War Services..........................

23,392,000

Total............................

24,985,000

 

Overview

The Loan Act (No. 2) 1939 was enacted by the Parliament of the Commonwealth of Australia to address the financial needs arising from the impending Second World War. The Act authorised the Commonwealth to borrow a substantial sum of up to £25,235,000 to be allocated for war-related expenses, particularly for the Department of Defence and the Department of Supply and Development. This borrowing was intended to fund the procurement of essential military equipment, construction of facilities, and other related costs necessary for the war effort. The policy objective was to ensure that the Commonwealth could adequately resource its defence capabilities in a time of national crisis.

Scope and Application

The Loan Act (No. 2) 1939 applies to the Commonwealth of Australia, specifically granting authority to the Treasurer to borrow up to £25,235,000 for the purposes outlined in the Schedule to this Act. The borrowed funds are intended to be applied to the expenses of borrowing and to the specific purposes detailed within the Act, primarily related to the Department of Defence and War Services. This encompasses a wide array of expenditures including the purchase of ammunition, armament, machinery, plant, and other equipment necessary for the Navy, Army, and Air Force, as well as the construction and maintenance of buildings, works, and sites. Additionally, the borrowed funds can be applied to the manufacture of munitions and other war-related services. The Act's scope is limited to the specified departments and purposes, with no exclusions or exemptions mentioned, thus its application is strictly confined to the outlined financial needs and allocations. The Act's authority to borrow is extended through subordinate instruments under the Commonwealth Inscribed Stock Act 1911–1933 or any Act authorizing the issue of Treasury Bills, ensuring that the borrowing process complies with existing financial regulations.

Key Provisions

The Loan Act (No. 2) 1939 authorises the borrowing of up to £25,235,000 for specified war-related expenses (section 3). This borrowing power is exercised under the Commonwealth Inscribed Stock Act 1911–1933 or any Act permitting the issuance of Treasury Bills. The funds raised are to be used for expenses related to borrowing and for the purposes outlined in the attached Schedule (section 4(1)). The Schedule details appropriations for various departments, including the Department of Defence, War Services, and Department of Supply and Development, with specific allocations for different branches and their respective needs. The Act imposes specific obligations on the Treasurer, who is authorised to borrow the stated amount under the given Acts (section 3). The borrowed funds are to be applied strictly according to the allocations detailed in the Schedule (section 4(1)). Additionally, the amounts specified for the Department of Defence may be reallocated to other departments as necessary, ensuring flexibility in meeting defence-related needs (section 4(2)). Failure to comply with the provisions of the Loan Act (No. 2) 1939 may result in civil or criminal penalties, although the specific penalties are not detailed within the text of the Act. Given the nature of the Act and the significant financial implications of misapplying the borrowed funds, breaches could potentially lead to substantial legal consequences, including fines or imprisonment, though these are not explicitly stated in the provided excerpt.

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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.