National Security (Castings) Regulations

Legislation au C1944L00190 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1944. No. 190.

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REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1943.*

I, THE ADMINISTRATOR of the Government of 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 December, 1944.

Administrator.

By His Excellency’s Command,

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

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National Security (Castings) Regulations.

Citation.

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

Administration.

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

Objects.

3. The objects of these Regulations are, by the control of the production and distribution of castings, to secure the maintenance of supplies for the Defence Force and for essential purposes, to secure economy in the use of man-power resources, and to that end to set up an authority to control the production and distribution of castings, and these Regulations shall be administered accordingly.

Definitions.

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

“authorized officer” means a person authorized in writing by the Minister or the Controller to act as an authorized officer for any of the purposes of these Regulations;

 

* Notified in the Commonwealth Gazette on      , 1944.

2367.—Price 3d.        20/8.12.1944.


“casting” means any ferrous or non-ferrous metal which has been cast in sand or in a permanent mould or impressed with a die, but does not include coin;

“member” means a member of the Committee;

“the Committee” means the Foundries Advisory Committee constituted under these Regulations;

“the Controller” means the Controller of Castings appointed under these Regulations.

Foundries Advisory Committee.

5.—(1.) There shall be a Foundries Advisory Committee, which shall consist of—

(a) a Chairman, who shall be appointed by the Minister of State for War Organization of Industry;

(b) the Controller;

(c) a representative of the Department of the Navy, who shall be appointed by the Minister of State for the Navy;

(d) a representative of the Department of Labour and National Service, who shall be appointed by the Minister of State for Labour and National Service;

(e) a representative of the Department of Aircraft Production, who shall be appointed by the Minister of State for Aircraft Production; and

(f) a representative of the Director-General of Man Power, who shall be appointed by the Director-General of Man Power.

(2.) A member shall hold office during the pleasure of the Minister or person by whom he was appointed.

(3.) Meetings of the Committee shall be held at such times and places as the Committee from time to time determines,

(4.) The Chairman or any two members may at any time call a meeting.

(5.) At any meeting of the Committee, four members shall form a quorum.

Functions of the Committee

6. The functions of the Committee shall be—

(a) to advise the Controller with respect to the exercise of his powers under these Regulations; and

(b) to make recommendations with respect to foundries to such Government Departments as may be concerned, with a view to increasing efficiency, improving working conditions, transferring labour, rationalization and concentration of the industry, and restriction of non-essential production.

State Advisory Committees.

7. The Minister may, if he thinks fit, appoint in any State a State Advisory Committee to advise the Committee on such matters as the Committee may refer to it.

Controller of Castings.

8.—(1.) There shall be a Controller of Castings, who shall have such powers and functions as are conferred on him by these Regulations, and shall be appointed by the Minister.


(2.) The Controller may, by order—

(a) regulate, direct, restrain or prohibit the production, purchase, sale, disposal, distribution, use, keeping or storage of castings by any person;

(b) require any person to make and keep such books, accounts or documents relating to castings as are specified in the order;

(c) require any person having the custody of those books, accounts, or documents to produce them to an authorized officer;

(d) require any person to furnish, at any time or from time to time, and in such manner as is specified in the order, such estimates or returns or information relating to castings as are specified in the order.

(3.) An order under this Regulation may—

(a) be made to apply to any person or persons specified in the order, to the persons included in any class of persons, or to persons generally;

(b) be made to apply either throughout Australia, or to any specified part thereof;

(c) make different provisions with respect to different classes of castings;

(d) exempt any person or the persons included in any class of persons from the operation of all or any of the provisions of the order; and

(e) contain such incidental and supplementary provisions as are necessary or expedient for the purposes of the order.

(4.) A person to whom such order applies shall comply with the provisions of the order.

Certain Orders to be gazetted.

9. Any order under these Regulations applicable to the persons included in any class of persons, or to persons generally, shall be published in the Gazette.

Power to enter and search.

10.—(1.) With a view to securing compliance with these Regulations or any order made thereunder, an authorized officer may—

(a) enter and inspect any premises used for manufacturing, distributing, using, keeping or storing castings; and

(b) make copies of or take extracts from any books, accounts, or documents relating to castings.

(2.) If an authorized officer has reasonable ground for suspecting that there is to be found in or on the vehicle or container evidence of the commission of an offence against the Act by reason of a contravention of, or failure to comply with, any order made under these Regulations, he may—

(a) require any person driving, or in control of, any vehicle engaged in the carrying of any castings to stop the vehicle; and

(b) search the vehicle or any container thereon.

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

Overview

The National Security (Castings) Regulations 1944 were introduced under the National Security Act 1939-1943, and were made by the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council. The regulations aim to ensure the maintenance of supplies for the Defence Force and for essential purposes by controlling the production and distribution of castings. They establish an authority to regulate the production and distribution of castings, with a view to securing economy in the use of manpower resources. The regulations are administered by the Minister of State for Munitions, and they establish a Foundries Advisory Committee to advise the Controller of Castings, who is responsible for enforcing the regulations. The regulations provide for the Controller to issue orders regulating the production, purchase, sale, disposal, distribution, use, keeping, or storage of castings, and to require the production of books, accounts, or documents relating to castings.

Scope and Application

The National Security (Castings) Regulations, made under the National Security Act 1939-1943, apply to the production, distribution, use, and storage of castings across Australia, aiming to maintain supplies for the Defence Force and essential purposes while promoting efficient use of manpower resources. These Regulations are administered by the Minister of State for Munitions and establish a Foundries Advisory Committee to advise on matters pertaining to the control of castings. The Regulations are designed to regulate the activities of any person or entity involved in the production, purchase, sale, disposal, distribution, use, keeping, or storage of castings, ensuring compliance through the powers granted to authorized officers, including the ability to enter premises, inspect documents, and search vehicles or containers. Orders made under these Regulations are required to be gazetted if they apply to a class of persons or generally, ensuring transparency and public notification. The Regulations provide for the appointment of a Controller of Castings who has the authority to issue orders to regulate various aspects of castings, including exemptions for certain persons or classes of persons from these orders.

Key Provisions

The National Security (Castings) Regulations (sections 1 to 10) establish the framework for controlling the production and distribution of castings, specifically ferrous and non-ferrous metals cast in various forms, to ensure the maintenance of supplies for the Defence Force and essential purposes. The Regulations are administered by the Minister of State for Munitions and are overseen by a Foundries Advisory Committee, which provides advice to the Controller of Castings on their regulatory functions. The Controller, appointed by the Minister, has broad powers to regulate the production, sale, and distribution of castings, including the ability to issue orders that must be complied with by those affected. The Regulations also mandate the publication of orders that apply to a class of persons or generally, ensuring transparency and accessibility of the regulatory framework. Authorized officers have the right to enter and inspect premises and vehicles to enforce compliance with these Regulations and any associated orders. The Regulations impose several obligations on the parties involved, including the Controller, the Foundries Advisory Committee, and those subject to the Regulations. The Controller must exercise their powers judiciously to ensure the efficient and effective distribution of castings while maintaining national security. The Foundries Advisory Committee is tasked with advising the Controller and recommending measures to enhance the industry's efficiency and working conditions. Persons involved in the production, sale, or distribution of castings must comply with any orders issued by the Controller and cooperate with authorized officers during inspections and searches. Furthermore, these individuals and entities must maintain specified books, accounts, and documents related to castings and produce them upon request. The Regulations also outline the potential consequences for non-compliance. Offences against the Act, such as failing to comply with an order or obstructing an authorized officer, can lead to criminal penalties. The specific maximum penalties are not detailed within the provided excerpt but are typically prescribed in the primary Act or subsequent legal instruments. Civil and criminal sanctions may apply for non-compliance, underscoring the importance of adhering to the regulatory framework established by these Regulations. The seriousness of these consequences emphasizes the critical role of the Controller and the Foundries Advisory Committee in enforcing these provisions to safeguard national security and ensure the proper allocation of castings.

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Area of Law
National Security Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Licensing & Registration
Enforcement Powers
Compliance 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.