National Security (Board of Business Administration) Regulations (Amendment)

Legislation au C1945L00041 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1945. No. 41.

 

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1943.*

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 1939-1943.

 

Dated this twenty-first day of March, 1945.

HENRY

Governor-General.

By His Royal Highnesss Command,

 

J. B. CHIFLEY

for and on behalf of the Minister of State for Defence.

 

Amendments of the National Security (Board of Business Administration) Regulations.†

Definitions.

1. Regulation 2 of the National Security (Board of Business Administration) Regulations is amended by omitting the definition of the Departments and inserting in its stead the following definition:—

the Departments means the Department of the Navy, the Department of the Army and the Department of Air (in these Regulations referred to as the Service Departments) and, in the case of Departments concerned with the supply of defence requirements, those Departments in respect of their activities in connexion with the supply of defence requirements..

Delegation by Board.

2. Regulation 6 of the National Security (Board of Business Administration) Regulations is amended—

(a) by omitting from sub-regulation (2.) the words or Business Administration Representative; and

(b) by omitting from that sub-regulation the words or Representative.

 

* Notified in the Commonwealth Gazette on 22nd March, 1945.

Statutory Rules 1939, No. 182, as amended by Statutory Rules 1940, No. 221; 1941, No. 27; 1942, No. 58; and 1943, No. 44.

350—Price 3d.


Appointment of Chief Inspector, Administration, and officers.

3. Regulation 8 of the National Security (Board of Business Administration) Regulations is amended by omitting the words Inspector-General of Administration and inserting in their stead the words Chief Inspector, Administration.

4. Regulations 9 and 10 of the National Security (Board of Business Administration) Regulations are repealed and the following regulations inserted in their stead:—

Powers and functions of Board of Business Administration.

9.—(1.) The powers and functions of the Board shall be as follows:—

(a) To advise concerning proposals for expenditure by the Service Departments within the approved programme as notified by the Treasurer in connexion with works, supplies or services related to the defence of the Commonwealth or the prosecution of the war, and as to the nature and scope of the expenditure and the possibility of effecting economies;

(b) To advise generally on business and accounting aspects of the organization and administration of the Service Departments with a view to promoting efficiency and economy and co-ordination;

(c) To provide for such inspection as the Board considers necessary to enable it to ascertain directly the situation in regard to matters in respect of which the Board is concerned;

(d) To investigate and report on any matters referred to the Board by the Department of the Treasury or any of the Departments, or by the Minister administering any of the Departments or by the Minister of State for Defence or the Department of Defence, whether or not those matters are within the approved programme referred to in paragraph (a) of this sub-regulation or within subparagraphs (i) to (vii) of the definition of works, supplies or services in sub-regulation (2.) of this regulation; and

(e) To submit reports on any matters which, in the opinion of the Board, it is desirable to bring under the notice of the Minister.

(2.) For the purposes of this regulation—

works, supplies or services does not include the following:—

(i) Urgent construction of operational and strategical roads;

(ii) Major strategical railway works (other than railway extensions, sidings and other like works associated with Defence Service Establishments such as depots, workshops and the like);

(iii) Arms, guns, ammunition, explosives and pyrotechnics;

(iv) Tanks, machine gun carriers and armoured cars and spare parts therefor;


(v) Aircraft, airframes and aircraft engine spares;

(vi) Naval ship construction (other than corvettes, frigates and small craft); and

(vii) Any other items which the Minister, on the recommendation of the Board, specifies.

Inspection of premises, &c.

10. Any member of the Board, or any officer or adviser thereto authorized in writing by the Chairman of the Board, or any member of a State Business Administration Committee, may enter the premises occupied by any of the Service Departments or any premises under the control of those Departments in which any arms, armament, ammunition, material, equipment, clothing or supplies for defence purposes are being stored or used, and may make such inspections and investigations as appear to him to be necessary in connexion with—

(a) the observance of regulations affecting business administration and the carrying out of orders in relation thereto so as to secure efficient and economical business administration;

(b) the observance of such business methods as will secure the proper handling, storage and distribution of rations, supplies, clothing and equipment, and the maintenance of adequate (but not excessive) stocks;

(c) the correct indenting for the issue of rations, supplies, clothing and equipment, and the proper accounting therefor;

(d) the co-ordination of action taken by Receiving Officers, Supply Officers and Finance Branches in respect of contractors claims for supplies, including the efficient check of deliveries of supplies, the correct certifying of claims for payment and the keeping of proper records and books in connexion therewith;

(e) the periodical testing of weights and measures;

(f) the prevention of waste, extravagance and unauthorized issue and the saving, winning and disposal of by-products;

(g) the safe and proper keeping of property belonging to the Commonwealth;

(h) the general efficiency and suitability of personnel associated with business aspects;

(i) the keeping of records of motor transport running and maintenance expenses, the periodical review of costs in connexion therewith, and the proper supervision of the use of motor transport vehicles; and

(j) any other matters relating to the functions and powers of the Board.

Investigations.

10a. For the purpose of enabling the Board to discharge its functions under these Regulations, the Board may also make arrangements for investigations, by any member of the Board, or any officer or adviser thereto authorized in writing by the Chairman of the Board, or any member of a State Business Administration Committee, of matters related to defence supply activities of the Department..


State Business Committees.

5. Regulation 12 of the National Security (Board of Business Administration) Regulations is amended—

(a) by omitting from sub-regulation (1.) the words or a Business Administration Representative; and

(b) by omitting from sub-regulation; (2.) the words and each Business Administration Representative.

6. Regulation 13 of the National Security (Board of Business Administration) Regulations is repealed and the following regulation inserted in its stead:—

Functions of State Business Administration Committees.

13. The functions of a State Business Administration Committee shall be—

(a) to exercise on behalf of the Board such powers as are delegated to the Committee; and

(b) to carry out such investigations and inspections and to submit such reports as the Board requires..

 

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

Overview

The Statutory Rules 1945 No. 41, Regulations Under the National Security Act 1939-1943, were enacted by the Governor-General in the context of the urgent needs of the wartime Australian government. These regulations aimed to address the complexities and demands of managing national security during a period of significant conflict. The Regulations were designed to streamline and enhance the efficiency and effectiveness of the Board of Business Administration, ensuring that the procurement and management of defence supplies and services were conducted with the utmost economy and efficiency. Enacted by the Federal Executive Council and made under the authority of the Minister of State for Defence, these regulations sought to provide clear guidelines and expanded powers for the Board to oversee and inspect various aspects of defence-related activities. This legislative instrument underscores the policy objective of maintaining rigorous oversight and control over national security expenditures and operations during a critical time in Australia's history.

Scope and Application

The Statutory Rules 1945, No. 41, issued under the National Security Act 1939-1943, pertain to the administration and regulation of business practices and economic aspects of the Service Departments, specifically the Department of the Navy, the Department of the Army, and the Department of Air. These regulations apply to the Commonwealth of Australia, with a focus on activities related to the supply of defence requirements. The amendments primarily involve the Board of Business Administration and its powers, as well as the definition and role of the Service Departments. The Regulations delegate specific powers to the Board to advise on defence-related expenditures, business practices, and economic efficiency within the Service Departments. Additionally, they allow the Board to inspect premises, coordinate with State Business Administration Committees, and conduct investigations into defence supply activities. This legislation is intended to ensure efficient and economical business administration within the defence sector during times of national security.

Key Provisions

The operative sections of the Statutory Rules 1945, No. 41, made under the National Security Act 1939-1943, primarily focus on amending the National Security (Board of Business Administration) Regulations. Specifically, Regulation 2 redefines "the Departments" to include the Department of the Navy, the Department of the Army, and the Department of Air, as well as other departments involved in the supply of defence requirements (Regulation 1). Regulation 6 is amended to remove references to certain types of representatives, thereby streamlining the delegation process (Regulation 2). Regulation 8 changes the title of "Inspector-General of Administration" to "Chief Inspector, Administration" (Regulation 3). Additionally, Regulations 9, 10, 12, and 13 are replaced with new provisions detailing the powers and functions of the Board of Business Administration, the inspection and investigation rights, and the functions of State Business Administration Committees (Regulations 4 and 5). The Act imposes several obligations on the parties and entities it governs. The Board of Business Administration is tasked with advising on expenditure proposals by the Service Departments, ensuring efficient and economical business administration, and investigating and reporting on matters referred to it by various government departments (Regulation 9). Members of the Board, or authorised officers, are granted extensive rights to inspect premises and investigate matters related to defence supply activities (Regulation 10). State Business Administration Committees are required to exercise delegated powers and carry out investigations and inspections as directed by the Board (Regulation 13). The Regulations also outline consequences for breaches. While the specific offences, penalties, or civil/criminal consequences are not explicitly detailed in the provided text, it is implied that failure to comply with the provisions, such as unauthorised entry or non-compliance with inspection protocols, could result in legal ramifications. Typically, under the National Security Act 1939-1943, penalties for breaches can include fines and imprisonment, reflecting the seriousness of the national security context in which these Regulations operate.

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