National Security (Disposal of Commonwealth Property) Regulations (Amendment)

Overview

Statutory Rules 1944 No. 136, Regulations under the National Security Act 1939-1943, were enacted to address the management and disposal of Commonwealth property in the context of national security during and immediately after World War II. The regulations were made by the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and were notified in the Commonwealth Gazette on 13 September 1944. The objective of these regulations is to establish a Commonwealth Disposals Commission as a body corporate, which will manage the disposal of Commonwealth property efficiently and effectively under the oversight of the Minister of State for Defence. The Commission will consist of five members, including a Chairman, a Deputy Chairman, and a representative of the Department of the Treasury, all appointed by the Minister. This structure aims to ensure that the disposal of Commonwealth property is handled in a manner that supports national security objectives and public interest.

Scope and Application

The Regulations under the National Security Act 1939-1943 establish the framework for the Commonwealth Disposals Commission, a body corporate responsible for the disposal of Commonwealth property. These Regulations apply to the Commission and its members, who are appointed by the Minister and consist of a Chairman, a Deputy Chairman, and a representative of the Department of the Treasury, among others. The Regulations outline the appointment terms, immunity from personal liability, and powers of the Commission, including the ability to permit advisors to attend meetings. The Commission's decisions are subject to ministerial review, and its contracts may be executed by the Chairman or an authorized person. Additionally, the Regulations provide for the appointment of a General Manager and a Secretary to the Commission, subject to the Minister's authority and the Public Service Board's recommendations. These Regulations extend across the Commonwealth of Australia, ensuring a consistent approach to the disposal of Commonwealth property in alignment with national security interests.

Key Provisions

The Regulations under the National Security Act 1939-1943, specifically the National Security (Disposal of Commonwealth Property) Regulations, outline key provisions for the establishment and operation of a Commonwealth Disposals Commission. Regulation 4(1) establishes the Commission as a body corporate with perpetual succession and a common seal. The Commission consists of five members (Regulation 4(2)), including a Chairman, a Deputy Chairman, and a representative of the Department of the Treasury. These members are appointed by the Minister and hold office at the pleasure of the Minister, under terms and conditions determined by the Minister (Regulation 4(3)). Importantly, members are not personally liable for acts of the Commission (Regulation 4(4)), and the Commission's powers are not affected by vacancies (Regulation 4(5)). The Commission may also invite individuals to attend meetings in an advisory capacity, allowing them to address and participate in deliberations but prohibiting them from voting or counting towards a quorum (Regulation 4(6)). These Regulations impose several obligations on the Commission and its members. The Commission must decide all questions by a majority vote of the members present (Regulation 5). If a member requests a referral to the Minister immediately after a decision, the Minister has the authority to either disallow the decision or confirm it with specified variations (Regulation 5a and 5b). Furthermore, any contracts or agreements entered into by the Commission must be executed by the Chairman or an authorized individual (Regulation 6(3)). The Regulations also provide for the appointment of a General Manager and a Secretary, both of whom are to be appointed by the Minister and hold office under conditions set by the Minister, with recommendations from the Public Service Board (Regulation 8). If either the General Manager or the Secretary is an officer of the Commonwealth Public Service, their salary, fees, or allowances are subject to approval by the Public Service Board. Failure to comply with these Regulations can result in legal consequences. While the specific offences, penalties, or consequences for breach are not explicitly detailed within the provided text, it is clear that any actions taken without ministerial confirmation, as outlined in Regulation 5b, could be subject to disallowance or other corrective measures by the Minister. The Regulations establish a framework for the Commission's governance and operations, and deviations from these prescribed procedures could lead to actions being invalidated or other administrative penalties. The precise penalties or legal ramifications for non-compliance would likely be found in other sections of the overarching National Security Act 1939-1943 or related legislation.