National Security (Disposal of Commonwealth Property) Regulations

Legislation au C1944L00087 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1944. No. 87.

 

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 second day of June, 1944.

GOWRIE

Governor-General.

By His Excellency’s Command,

H. V. EVATT

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

 

National Security (Disposal of Commonwealth Property) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Disposal of Commonwealth Property) Regulations.

Administration.

2. These Regulations shall be administered by the Minister of State for Supply and Shipping.

Definitions.

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

“member” means a member of the Commission;

“the Chairman” means the Chairman of the Commission;

“the Commission” means the Commonwealth Disposals Commission established under these Regulations.

Commonwealth Disposals Commission.

4.—(1.) For the purpose of these Regulations there shall be a Commonwealth Disposals Commission, which shall be a body corporate with perpetual succession and a common seal.

(2.) The Commission shall consist of—

(a) a Chairman;

(b) a member who shall be the General Manager and Deputy Chairman of the Commission;

(c) a member who shall be a representative of the Department of the Treasury;

(d) a member who shall be the Secretary and Executive Member of the Commission; and

(e) one other member.

* Notified in the Commonwealth Gazette on 2nd June, 1944.

3784.—Price 3d.


(3.) The members of the Commission shall be appointed by the Minister and shall hold office, during the pleasure of the Minister, on such terms and conditions as the Minister determines on the recommendation of the Public Service Board.

(4.) A member of the Commission shall not be personally liable for any act of the Commission or for any act done by him as a member.

(5.) The powers of the Commission shall not be affected by reason of there being a vacancy in the membership of the Commission.

(6.) The Commission may permit any person to attend a meeting of the Commission in an advisory capacity and any such person shall be entitled to address the Commission and take part in its deliberations but shall not be entitled to vote or be counted for the purposes of a quorum.

Meetings of the Commission.

5.—(1.) Subject to the next succeeding sub-regulation, the Commission shall meet at such times and places as it determines.

(2.) The Chairman may at any time call a meeting of the Commission.

(3.) In the absence of the Chairman from any meeting of the Commission, the Deputy Chairman of the Commission shall preside at that meeting.

(4.) In the absence of both the Chairman and the Deputy Chairman from any meeting of the Commission, the members present at that meeting shall elect one of their number to preside at that meeting.

(5.) All questions before the Commission shall be decided by a majority of votes of the members present.

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

(7.) At all meetings of the Commission, three members shall form a quorum.

Delegation.

6.—(1.) The Commission may delegate all or any of its powers under these Regulations (except this power of delegation) so that the delegated powers may be exercised by the delegate.

(2.) Every such delegation shall be revocable at will and no such delegation shall prevent the exercise of any power by the Commission.

(3.) Any contract or agreement in writing entered into by the Commission may be executed on behalf of the Commission by the Chairman, by the Secretary and Executive Member of the Commission or by some other person thereto authorized by the Commission.

Powers and functions of Commission.

7.—(1.) The functions of the Commission shall be to dispose of, or arrange for the disposal of, all property of the Commonwealth acquired or used in connexion with the defence of the Commonwealth which is no longer required.

(2.) The Commission shall have such powers as are necessary for the exercise of its functions and, in particular, shall have power to enter into contracts and agreements on behalf of the Commonwealth and to appoint agents to exercise the powers of the Commission on its behalf.

(3.) Where the Commission arranges for the disposal of land the property of the Commonwealth, the provisions of section 57 of the Lands Acquisition Act 1906-1936 shall apply in the same manner as they apply in relation to land disposed of under section 63 of that Act.

 

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

Overview

The National Security (Disposal of Commonwealth Property) Regulations 1944 were introduced by the Commonwealth of Australia to provide for the disposal of Commonwealth property that was no longer required in relation to national defence. Enacted under the National Security Act 1939-1943, these regulations were made by the Governor-General in Council and are intended to streamline the process of disposing of surplus government property. The policy objective behind these regulations is to ensure that such property is efficiently and effectively managed, thereby facilitating the transition of resources back into the economy or to other governmental uses as appropriate. The regulations establish the Commonwealth Disposals Commission, a body corporate with perpetual succession, to oversee the disposal process, and outline the administrative and operational aspects of the Commission, including its membership, meeting procedures, and powers.

Scope and Application

The National Security (Disposal of Commonwealth Property) Regulations 1944 govern the disposal of Commonwealth property that is no longer required for national defence purposes. The Regulations apply to the Commonwealth Disposals Commission, which is a body corporate established under these Regulations and tasked with the disposal of such property. The Commission consists of a Chairman, a General Manager and Deputy Chairman, a representative of the Department of the Treasury, the Secretary and Executive Member of the Commission, and one additional member. The Commission’s functions include arranging for the disposal of Commonwealth property, entering into contracts and agreements on behalf of the Commonwealth, and appointing agents to exercise its powers. The Regulations also provide for the administration, meetings, and decision-making processes of the Commission. The Commission’s powers and functions extend nationally, as the Regulations are made under the National Security Act 1939-1943, a Commonwealth Act. The Regulations do not explicitly state any exclusions, exemptions, or thresholds for the disposal of Commonwealth property, and the scope of application may be further defined through subordinate instruments or other regulations.

Key Provisions

The National Security (Disposal of Commonwealth Property) Regulations 1944 (Regulations) are designed to facilitate the disposal of Commonwealth property that is no longer required for national defence purposes. The key sections of these Regulations include the establishment of the Commonwealth Disposals Commission (section 4), the administrative processes for the Commission (section 5), and the delegation of powers (section 6). The Commission's primary function is to dispose of or arrange for the disposal of Commonwealth property acquired or used in connection with the defence of Australia (section 7). The Regulations outline the composition of the Commission, its meeting protocols, and its decision-making processes, ensuring that the Commission operates efficiently and effectively. The Regulations impose several obligations and requirements on the parties involved. The Commission is tasked with the disposal of Commonwealth property and must exercise its functions in accordance with the provisions of the Regulations (section 7). The members of the Commission are appointed by the Minister of State for Supply and Shipping and hold office during the pleasure of the Minister. They are not personally liable for the actions of the Commission or for any acts performed in their capacity as members (section 4). The Regulations also stipulate the conditions under which meetings of the Commission can be held and the quorum requirements for decision-making (section 5). Additionally, the Commission has the authority to delegate its powers, except for the power of delegation itself, and any such delegations are revocable at will (section 6). The Regulations do not explicitly outline specific offences, penalties, or consequences for breaches within their text. However, given the nature of the Regulations, breaches could potentially lead to legal actions under other relevant Acts or common law principles. For example, if the Commission fails to comply with the provisions of the Lands Acquisition Act 1906-1936 when disposing of Commonwealth land, this could result in legal consequences under that Act. The precise penalties and consequences would depend on the nature and severity of the breach, as well as the specific legal frameworks that apply in such cases.

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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.