National Security (Aluminium, Copper and Tool Steel) Regulations

Legislation au C1940L00107 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1940. No. 107.

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REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939.*

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.

Dated this Thirteenth

day of June, 1940.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

for and on behalf of the Minister of State for Defence Co-ordination.

––––––

National Security (Aluminium, Copper and Tool Steel)

Regulations.

Citation.

1. These Regulations may be cited as the National Security (Aluminium, Copper and Tool Steel) Regulations.

Definitions.

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

“aluminium” includes alloys containing aluminium;

“copper” includes alloys containing copper;

“person” means—

(a) in relation to the possession of aluminium, copper or tool steel, the person on the premises of whom the aluminium, copper or tool steel is stored or consumed;

(b) in relation to the supply and receipt of aluminium, copper or tool steel, the person who received payment or pays for the aluminium, copper or tool steel,

and includes an authority constituted under the law of the Commonwealth or of a State;

“the Department” means the Department of Supply and Development;

“the Minister” means the Minister of State for Supply and Development;

“the Secretary” means the Secretary, Department of Supply and Development;

“tool steel” means high speed steel, hot die steel, alloy tool steel and carbon steel, and also tungsten-carbide and other alloys used as a substitute for tool steel.

 

*Notified in the Commonwealth Gazette on , 1940.

3718.—12/11.6.1940.—Price 3d.


Returns to be submitted.

3.—(1.) Subject to this regulation, every person possessing stocks of aluminium, copper or tool steel exceeding Ten pounds in value, shall, on or before noon on the twenty-first day of June, 1940, or within such further time as the Minister approves, submit to the Secretary at the address specified in the next succeeding sub-regulation, a return verified by statutory declaration setting forth—

(a) the quantity, size, section and specification of each type of aluminium, copper or tool steel possessed by him at midnight on the fifteenth day of June, 1940;

(b) the place at which the aluminium, copper or tool steel is stored;

(c) the purposes for which the aluminium, copper or tool steel is required;

(d) the estimated period for which those stocks of aluminium, copper or tool steel will last,

and shall, at such times, or within or in respect of such periods, as are specified by the Minister from time to time by notice published in the Gazette, submit to the Secretary returns similarly verified setting forth similar particulars regarding the aluminium, copper or tool steel possessed by him.

(2.) The addresses to which returns in accordance with this regulation are to be forwarded shall be the following:—

(a) In respect of stocks held in the State of New South Wales— care of the Contract Office, 35 Circular Quay West, Sydney;

(b) In respect of stocks held in the State of Victoria—83 William-street, Melbourne;

(c) In respect of stocks held in the State of Queensland—334 Queen-street, Brisbane;

(d) In respect of stocks held in the State of South Australia— care of Postmaster-General’s Department, General Post Office, Adelaide;

(e) In respect of stocks held in the State of Western Australia —care of Contract Board Office, Commonwealth Bank Building, Perth;

(f) In respect of stocks held in the State of Tasmania—care of Federal Taxation Department, Hobart.

(3.) Where the Secretary so directs, by notice published in the Gazette, returns required to be submitted in accordance with sub-regulation (1.) of this regulation shall be submitted to the person specified in such notice instead of to the Secretary.

Production of books and records.

4. The Minister or the Secretary or any person authorized in that behalf by the Minister or the Secretary may, by notice in writing—

(a) require any person who deals or has dealt in aluminium, copper or tool steel to produce for inspection, at any reasonable hour in the day time, his books and records showing the dealings by him in aluminium, copper or tool steel since the date of the commencement of these Regulations, and to answer any questions in relation thereto put by the person making the inspection; or


(b) require any person to furnish to the Department a statutory declaration stating—

(i) whether he has, since the date of the commencement of these Regulations, received or supplied any aluminium, copper or tool steel; and, if so,

(ii) the name of the person from whom or to whom any aluminium, copper or tool steel was received or supplied; and

(iii) the date or dates upon which any aluminium, copper or tool steel was received or supplied; and

(iv) the quantities of aluminium, copper or tool steel received or supplied.

Compliance with directions and requirements.

5. A person shall comply with every direction and requirement given to or made of or applicable to him under or in pursuance of any provision of these Regulations.

 

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

Overview

The National Security (Aluminium, Copper and Tool Steel) Regulations, enacted in 1940, are subsidiary legislation made under the National Security Act 1939. This legislation was introduced to address the urgent need for the regulation of critical materials during a period of heightened national security concerns, particularly in the context of World War II. The Regulations aim to ensure the availability and control of essential materials such as aluminium, copper, and tool steel by mandating the reporting and monitoring of their stocks and transactions. The enactment of these Regulations was authorised by the Governor-General in Council, with the intention of enabling the government to effectively manage and allocate resources vital for national defence and industrial purposes. The overarching policy objective is to safeguard the nation's interests by maintaining control over strategic materials through regulatory oversight and compliance measures.

Scope and Application

The National Security (Aluminium, Copper and Tool Steel) Regulations made under the National Security Act 1939 apply to any person who possesses, supplies, or deals in aluminium, copper, or tool steel. These regulations are applicable to any person on the premises where such materials are stored, consumed, or traded, including authorities constituted under Commonwealth or state law. The regulations apply across the Commonwealth of Australia, with specific addresses provided for submitting returns in each state and territory. The regulations mandate that individuals possessing stocks of these materials exceeding ten pounds in value must submit a verified return to the Secretary of the Department of Supply and Development by a specified date. Additionally, the regulations allow for the inspection of books and records relating to the possession and supply of these materials, and require individuals to provide statutory declarations of their dealings since the commencement of the regulations. The regulations are binding and enforceable, with compliance being mandatory for all persons subject to their provisions.

Key Provisions

The National Security (Aluminium, Copper and Tool Steel) Regulations, made under the National Security Act 1939, provide specific requirements for the management and reporting of certain materials critical to national security. Section 3 of these Regulations mandates that any person possessing stocks of aluminium, copper, or tool steel exceeding ten pounds in value must submit a detailed return to the Secretary by a specified date, verified by statutory declaration. This return must include the quantity, size, section, and specification of each type of material possessed, the storage location, the intended use of the materials, and an estimate of how long the stocks will last (section 3(1)). These regulations also allow for additional reporting requirements to be specified by the Minister through notices published in the Gazette (section 3(2)). The returns are to be submitted to specific addresses depending on the state where the materials are held, with the possibility of the Secretary directing that returns be submitted to a different person as per a notice published in the Gazette (section 3(3)). The Regulations impose clear obligations on individuals and entities that deal with aluminium, copper, or tool steel. They must comply with any directions or requirements made under these Regulations, including submitting the prescribed returns and making their books and records available for inspection (section 5). The Minister or the Secretary, or any authorised person, has the authority to require a person to produce their books and records detailing their dealings in these materials since the commencement of the Regulations, and to answer any related questions (section 4(a)). Additionally, they may require a statutory declaration regarding the receipt or supply of these materials, including details such as the parties involved and the dates of the transactions (section 4(b)). Failure to comply with these Regulations can lead to legal consequences. Although the specific penalties are not detailed in the provided text, breaches of regulations made under the National Security Act 1939 can generally result in significant penalties. These may include both civil and criminal penalties, depending on the nature and severity of the breach. The exact penalties would be specified in the primary Act or in further regulations, but non-compliance with such regulations can lead to fines, imprisonment, or other sanctions as deemed appropriate by the court.

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National Security Law
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Regulation
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
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