National Security (Army Investigation) Regulations

Legislation au C1942L00138 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1942. No. 138.

 

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 nineteenth day of March, 1942.

GOWRIE

Governor-General.

By His Excellency’s Command,

F. M. FORDE

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

 

National Security (Army Inventions) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Army Inventions) Regulations.

Administration.

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

Definitions.

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

“member” means a member of the Directorate;

“the Directorate” means the Army Inventions Directorate established under these Regulations.

Army Inventions Directorate.

4.—(1.) There shall be an Army Inventions Directorate, which shall be a body corporate with perpetual succession and a common seal.

(2.) The Directorate shall consist of—

(a) a Chairman;

(b) a Deputy Chairman;

(c) the Chief Executive Officer of the Directorate; and

(d) such other members as the Minister thinks fit.

 

* Notified in the Commonwealth Gazette on 20th March, 1942.

1994.-Price 3d.


(3.) The members shall be appointed by the Minister and shall hold office during the pleasure of the Minister.

(4.) The Chairman, or, in his absence, the Deputy Chairman, shall preside at the meetings of the Directorate and, in the absence of both the Chairman and the Deputy Chairman from any meeting, the members present at that meeting may elect one of their number to preside at that meeting.

Meeting

5.—(1.) The Directorate shall meet at such times and places as the Chairman directs.

(2.) At all meetings of the Directorate five members shall form a quorum.

(3.) All questions before the Directorate shall be decided by a majority of votes.

(4.) The person presiding at a meeting of the Directorate shall have a deliberative vote and, in the event of an equality of votes, shall also have a casting vote.

Chief Executive Officer of the Directorate

6.—(1.) For the purposes of those Regulations, the Minister may appoint a Chief Executive Officer of the Directorate.

(2.) The Chief Executive Officer shall have such powers and functions as are conferred on him by or under these Regulations.

Remuneration and allowances.

7. There shall be payable to each member of the Directorate such remuneration (if any) for their services and travelling allowances at such rates as the Minister determines.

Powers and functions of the Directorate.

8.—(1.) The Directorate, subject to any direction of the Minister, shall be charged with the administration of these Regulations and of all matters arising thereout and incidental thereto.

(2.) The Directorate shall, subject to the approval of the Minister, consider and investigate—

(a) all inventions, new devices and ideas submitted to the Directorate ; and

(b) any scientific or technical problems in connexion with the defence of the Commonwealth.

(3.) The Directorate may make recommendations to the Minister as to—

(a) the policy and work of the Directorate;

(b) the funds required for carrying out the work of the Directorate; and

(c) the allocation of funds made available for carrying out that work.

(4.) For the purposes of exercising its powers, and performing its functions under sub-regulation (2.) of this regulation, the Directorate may—

(a) make use of such authorities of the Commonwealth as the Minister approves;

(b) authorize the Chief Executive Officer to make arrangements for the employment, engagement or utilization of such persons, institutions or facilities as the Directorate or that Officer deems necessary, and upon such terms and conditions as the Directorate or that Officer, as the case may be, determines; and


(c) establish, or may authorize the Chief Executive Officer to establish, such scientific and technical panels as the Directorate or that Officer deems necessary for the purposes of these Regulations, and upon such terms and conditions as the Directorate or that Officer, as the case may be, determines.

(5.) The Chief Executive Officer may, within the limits of available minds, incur expenditure not exceeding Five hundred pounds in any one case in the exercise of any authority conferred on him in pursuance of the last preceding sub-regulation.

Invention by officers and employees.

9. All inventions made by officers and employees appointed in pursuance of these Regulations shall be vested in the Directorate, and may be made, used, exercised or vended by the Commonwealth under such conditions and upon payment of such fees or royalties or otherwise as the Minister determines.

Prohibition on publication of information as to certain inventions.

10. Where it appears to the Chief  Executive Officer to be necessary or expedient so to do in the interests of public safety, the defence of the Commonwealth or the efficient prosecution of the war, he may, by order, prohibit the publication, except with the consent of the Chief Executive Officer, of information with respect to the subject-matter of any invention, new idea or device submitted to the Directorate or the communication of such information to any person or to particular persons or classes of persons.

Officers and employees.

11.—(1.) The Chief Executive Officer may, subject to any directions of the Directorate, appoint such officers and such casual and temporary employees as he deems necessary for the purposes of these Regulations, and at such rates of pay and upon such conditions of employment as determined by the Public Service Board.

(2.) Officers and employees appointed under these Regulations shall be exempt from the provisions of the Commonwealth Public Service Act 1922-1941.

 

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

Overview

The National Security (Army Inventions) Regulations, enacted in 1942 under the National Security Act 1939-1940, were introduced to address the urgent need for a coordinated and efficient management of army inventions during wartime. These regulations aimed to establish the Army Inventions Directorate to administer and oversee the process of reviewing, approving, and managing military inventions and ideas submitted for the defence of the Commonwealth. The enacting body for these regulations was the Governor-General in Council, acting on the advice of the Minister of State for Defence Co-ordination. The policy objective was to ensure that military inventions were effectively managed, controlled, and utilized in a way that would provide a strategic advantage during the war, while also protecting sensitive information that could compromise national security. The regulations outline the establishment and administration of the Army Inventions Directorate, including its composition, powers, and functions. The Directorate was tasked with considering and investigating inventions and scientific problems relevant to national defence, making recommendations to the Minister, and managing the allocation of funds. Additionally, the regulations provided for the appointment of officers and employees, the control of information related to inventions, and the vesting of inventions in the Directorate. The overarching goal was to streamline the process of handling military inventions, ensuring they were efficiently evaluated, protected, and implemented to support the war effort.

Scope and Application

The National Security (Army Inventions) Regulations, made under the National Security Act 1939-1940, establish an Army Inventions Directorate to administer these Regulations and oversee matters arising from them. The Directorate, a body corporate, consists of a Chairman, a Deputy Chairman, the Chief Executive Officer, and additional members appointed by the Minister of State for the Army. The Directorate is responsible for considering and investigating inventions, new devices, ideas, and scientific or technical problems related to the defence of the Commonwealth. It can also recommend policies, funding, and allocation of funds to the Minister. The Directorate can utilize Commonwealth authorities, engage personnel or institutions, and establish scientific and technical panels as needed. Inventions by officers and employees are vested in the Directorate, which can license them for use by the Commonwealth. The Chief Executive Officer can prohibit the publication of information regarding inventions if necessary for public safety or national defence. The Regulations apply to officers and employees appointed under them, who are exempt from the Commonwealth Public Service Act 1922-1941.

Key Provisions

The National Security (Army Inventions) Regulations, which were established under the National Security Act 1939-1940, primarily focus on the creation and administration of the Army Inventions Directorate. These Regulations, as per section 4, establish the Army Inventions Directorate as a body corporate, overseen by a Chairman and Deputy Chairman, with additional members appointed by the Minister (section 4(2)). The Directorate is tasked with the administration of these Regulations and the consideration of inventions, new devices, and scientific or technical problems pertinent to the defence of the Commonwealth (section 8). The Directorate also has the authority to make recommendations regarding policy, required funds, and the allocation of available funds (section 8(3)). Furthermore, the Directorate can make use of Commonwealth authorities, engage necessary personnel or institutions, and establish scientific and technical panels as required (section 8(4)). The obligations imposed by these Regulations on the parties involved are substantial. The Army Inventions Directorate, as the primary administrative body, is responsible for the administration and oversight of the Regulations. This includes the consideration and investigation of inventions, new devices, and scientific or technical problems related to national defence (section 8(2)). The Directorate must also make recommendations to the Minister regarding policy, required funds, and the allocation of funds (section 8(3)). The Chief Executive Officer, who is appointed by the Minister, has the authority to make arrangements for the employment of necessary personnel, engage institutions or facilities, and establish scientific and technical panels (section 8(4)(a)-(c)). The Chief Executive Officer also has the power to incur expenditure within limits for the exercise of these authorities (section 8(5)). Officers and employees appointed under these Regulations must adhere to the conditions set by the Public Service Board and are exempt from certain provisions of the Commonwealth Public Service Act 1922-1940 (section 11). There are significant consequences for breaches of these Regulations. Under section 10, the Chief Executive Officer has the authority to prohibit the publication of information concerning inventions, new ideas, or devices submitted to the Directorate if it is deemed necessary or expedient for public safety, the defence of the Commonwealth, or the efficient prosecution of the war. This prohibition can be enforced by order, and any violation of such an order could lead to legal repercussions. Additionally, any misuse or unauthorised use of inventions made by officers or employees appointed under these Regulations could result in penalties or other consequences determined by the Minister (section 9). While the Regulations do not explicitly outline specific penalties for breaches, it is reasonable to infer that serious breaches could lead to legal action under the broader National Security Act 1939-1940 or other relevant legislation.

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National Security Law
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Definitions & Interpretation
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