National Security (Aircraft Production) Regulations

Legislation au C1942L00004 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1942. No. 4.

 

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939–1940.*

I, 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 National Security Act 1939–1940.

Dated this sixth day of January, 1942.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

Minister of State for Defence Co-ordination.

 

National Security (Aircraft Production) Regulations.

Citation.

1. These Regulations may be cited as the as the National Security (Aircraft Production) Regulations.

Administration.

2. These Regulations shall be administered by the Minister of State for Aircraft Production.

Repeal.

3. The National Security (Aircraft Production Commission) Regulations (Statutory Rules 1940, No. 55, as amended by Statutory Rules 1940, No. 192) and the National Security (Aircraft Production) Regulations are repealed.

Definitions.

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

“the Department” means the Department of Aircraft Production;

“aircraft” includes aircraft parts, aircraft engines, airscrews, aircraft instruments, aircraft accessories, aeronautical equipment and any materials and components necessary for or incidental to the production of aircraft.

Functions of Department.

5. The Department shall deal with the following matters, namely:—

(a) The manufacture, acquisition, provision and supply of aircraft and the repair and overhaul of aircraft (other than in air-force establishments) and all matters incidental thereto;

 

*Notified in the Commonwealth Gazette on  January, 1942.

73.—20/5.1.1942.—Price 3d.


(b) Factories and establishments for the manufacture or assembly of aircraft established or purchased or deemed to have been established in pursuance of the Supply and Development Acts 1939 and those established or acquired in pursuance of these Regulations;

(c) Scientific research in relation to, and the technical development and design of, aircraft and equipment for use in connexion therewith; and

(d) Any other matter specified by the Governor-General to be a matter to be dealt with by the Department.

Director-General of Aircraft Production.

6.—(1.) There shall be a Director-General of Aircraft Production who shall be the Director-General of Munitions appointed under the National Security (Munitions) Regulations.

(2.) The Director-General of Aircraft Production shall not be subject to the Commonwealth Public Service Act 1922–1941.

Chief Technical Adviser.

7. There shall be a Chief Technical Adviser for aircraft production who shall be under the supervision and direction of the Director-General of Aircraft Production.

Functions of Director-General.

8. The Director-General of Aircraft Production shall be responsible for and shall have the direction and control of the following matters:—

(a) The operation and management of factories, workshops and undertakings concerned in the production of aircraft;

(b) The acquisition by the Commonwealth and the establishment of factories and workshops for the purposes of production of aircraft and for repair and maintenance work;

(c) The control of the nature and extent of the output or production of any person or authority engaged or capable of being engaged in the production of aircraft;

(d) The arrangements, and all action necessary, to secure the supply, manufacture, processing and delivery of aircraft including maintenance, overhaul and repair of aircraft;

(e) The securing of supplies of materials, plant, tools and equipment for those purposes; and

(f) The employment and training of persons for those purposes.

Order of priority of execution of work.

9. Any person or authority engaged or capable of being engaged in the production of aircraft shall execute the work of production both as to munitions (within the meaning of the National Security (Munitions) Regulations) and aircraft in such order of priority as is directed by or on behalf of the Director-General of Aircraft Production from time to time.

Special powers of Director-General.

10. In the exercise of his functions under these Regulations, the Director-General of Aircraft Production may, on behalf of the Commonwealth and notwithstanding anything contained in any other law—

(a) make and vary contracts or agreements;

(b) employ such persons as are necessary;

(c) direct any contractor with the Commonwealth or with any authority of the Commonwealth or any person sub-contracting with such a contractor, as to the manner of carrying out the work for which he has contracted or sub-contracted;


(d) requisition or compulsorily acquire any property (other than land) which he thinks necessary, including exclusive rights or licences and privileges;

(e) acquire by purchase any goods or chattels or things in action (including rights in relation to inventions); and

(f) sell or otherwise dispose of or turn to account or write off property held in connexion with the manufacture, supply and maintenance of aircraft.

Constitution of Aircraft Advisory Committee.

11.—(1.) There shall be an Aircraft Advisory Committee for the co-ordination of aircraft production which shall comprise the following:—

(a) The Director-General of Aircraft Production who shall be the Chairman;

(b) A permanent officer under the Commonwealth Public Service Act 1922–1941 who shall be Deputy Chairman;

(c) A representative of the Royal Australian Air Force;

(d) A representative of the Commonwealth Aircraft Corporation;

(e) A representative of De Havilland Proprietary Limited;

(f) A representative for Government Aircraft Manufacturing;

(g) A representative for Aircraft Maintenance and Repair;

(h) A representative to be selected from Trade Unions; and

(i) A representative of the Department of the Treasury.

(2.) The Deputy Chairman shall be appointed by the Director-General of Aircraft Production and the remaining personnel (other than the Chairman) shall be appointed by the Minister on the recommendation of the Director-General of Aircraft Production, and shall hold office during pleasure.

(3.) The Director-General of Aircraft Production may from time to time co-opt persons for service with the Aircraft Advisory Committee.

Functions of Aircraft Advisory Committee.

12. The Aircraft Advisory Committee may make recommendations relating to matters within the administration of the Department, and its services may be utilized as the Director-General of Aircraft Production directs.

Delegation by Director-General.

13.—(1.) The Director-General of Aircraft Production may, by writing under his hand, delegate all or any of his powers and functions under these Regulations (except this power of delegation) so that the delegated powers or functions may be exercised by the delegate.

(2.) Every delegation under this regulation shall be revocable at will, and no delegation shall prevent the exercise of any power or function by the Director-General of Aircraft Production.

Continuance of contracts, appointments, &c.

14.—(1.) Any contract, lease, arrangement or agreement entered into for the purpose of Part III. of the Supply and Development Acts 1939 or the National Security (Aircraft Production Commission) Regulations and in force immediately prior to the date on which these Regulations come into force shall continue in force as if these Regulations had not been made and as if the Director-General of Aircraft Production were substituted as a party to any such contract, lease,


arrangement or agreement in lieu of the Commonwealth, the General Manager of Aircraft Construction, or the Aircraft Production Commission, as the case may be.

(2.) Any person who prior to the date on which these Regulations come into operation, was appointed or deemed to have been appointed in pursuance of the Regulations repealed by these Regulations, shall by force of this regulation, be employed under these Regulations in the Department of Aircraft Production.

Conditions of employment.

15. A person employed under or in pursuance of these Regulations shall not be subject to the Commonwealth Public Service Act 1922–1941, but shall be engaged for such period and shall be subject to such conditions, mutatis mutandis, as are prescribed in relation to persons subject to the Supply and Development (Staff) Regulations, as amended for the time being.

 

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

Overview

The National Security (Aircraft Production) Regulations, made in 1942 under the authority of the National Security Act 1939–1940, were introduced to address the urgent need for increased aircraft production in response to the escalating demands of World War II. These regulations were enacted by the Governor-General, in accordance with the advice of the Federal Executive Council, to streamline and centralise the administration of aircraft production within the Commonwealth. The policy objective of these regulations was to ensure a coordinated and efficient production process, overseen by the Minister of State for Aircraft Production, to meet the military's needs without the constraints of existing public service regulations. This was achieved by establishing a dedicated Department of Aircraft Production and appointing a Director-General of Aircraft Production with extensive powers to manage all aspects of aircraft manufacturing, from procurement and supply chain management to the establishment and operation of production facilities.

Scope and Application

The National Security (Aircraft Production) Regulations, made under the National Security Act 1939–1940, establish a comprehensive framework for the production, management, and supply of aircraft within Australia during a critical period of national security. The Regulations apply to the Department of Aircraft Production, the Director-General of Aircraft Production, and any personnel employed under these Regulations. They cover the manufacture, acquisition, supply, repair, and overhaul of aircraft, including all related scientific research, technical development, design, and any other matters specified by the Governor-General. The scope extends to factories, workshops, and establishments involved in aircraft production and encompasses the control over the output and supply of aircraft. The Director-General of Aircraft Production is vested with significant powers to manage these functions, including the ability to make and vary contracts, employ personnel, requisition property, and dispose of assets. The Aircraft Advisory Committee is established to provide recommendations and support in coordinating aircraft production, comprising representatives from various sectors including the Royal Australian Air Force, industry, trade unions, and the Department of the Treasury. The Regulations also provide for the continuation of existing contracts and employment appointments under the repealed regulations, ensuring a seamless transition while placing affected personnel under the new regulatory scheme.

Key Provisions

The National Security (Aircraft Production) Regulations, as referenced in section 1, serve to govern the production of aircraft during a period of national security concern. Administered by the Minister of State for Aircraft Production as outlined in section 2, these regulations replace previous regulations concerning aircraft production, as detailed in section 3. The scope of the term "aircraft" is defined in section 4, which includes not only complete aircraft but also their parts, engines, instruments, accessories, and any materials necessary for their production. The Regulations impose specific obligations on the Department of Aircraft Production, detailed in section 5. This includes the manufacture, acquisition, and supply of aircraft, as well as the management of factories and establishments involved in aircraft production. Section 5 also mandates scientific research and technical development related to aircraft production. The Director-General of Aircraft Production, appointed in accordance with section 6, has extensive control over various aspects of aircraft production, including the operation of factories, acquisition of materials, and employment of personnel, as outlined in section 8. The Director-General also has the authority to make and vary contracts, employ personnel, and requisition necessary property, as stated in section 10. Failure to comply with the provisions of these Regulations may result in legal consequences. Although the specific penalties are not detailed in the text, breaches of regulations under the National Security Act 1939–1940 typically attract severe penalties, which could include fines and imprisonment. The regulations also provide for the continuation of existing contracts and employments as if the new Regulations had not been enacted, as stated in section 14. Employees under these Regulations are not subject to the Commonwealth Public Service Act 1922–1941, but rather are governed by the conditions specified in relation to the Supply and Development (Staff) Regulations, as mentioned in section 15.

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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.