National Security (Emergency Supplies) Regulations

Legislation au C1941L00060 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1941. No. 60.

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 twentieth day of March, 1941.

GOWRIE

Governor-General.

By His Excellency’s Command,

EARLE PAGE

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

National Security (Emergency Supplies) Regulations.

Citation.

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

Administration.

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

Objects.

3. The object of these Regulations is to secure a sufficient supply in all parts of Australia of commodities essential to the life and health of the community in the event of any emergency arising out of the exigencies of war, which disturbs or dislocates, or threatens to disturb or dislocate, normal transport or trading facilities, and these Regulations shall be administered accordingly.

Definitions.

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

“administrative authority” means an authority constituted under regulation 6 of these Regulations;

“prescribed goods” means any goods declared by the Minister under regulation 7 of these Regulations to be prescribed;

“regional area” means any area established by or under regulation 5 of these Regulations as a regional area;

“the Minister” means the Minister of State for Commerce.

* Notified in the Commonwealth Gazette on 20th March, 1941.

1469.—Price 3d

Regional area.

5.—(1.) Subject to sub-regulation (2.) of this regulation, each State and each Territory of the Commonwealth shall be a regional area for the purposes of these Regulations.

(2.) The Minister may direct that the whole or any part of any Territory of the Commonwealth shall, for the purposes of these Regulations, form part of a regional area constituted by a State, and, thereupon, subject to the consent of the Governor in Council of that State, the whole or part, as the case may be, of that Territory shall, for the purposes of these Regulations, form part of the regional area constituted by that State.

Administrative authority.

6. There shall be an administrative authority for each regional area which shall consist of such members as are appointed by—

(a) in the case of a regional area constituted by a State, or by a State together with the whole or part of any Territory of the Commonwealth—the Governor in Council of that State; or

(b) in the case of a regional area constituted by the whole or part of any Territory or Territories of the Commonwealth—the Minister.

Prescribed goods.

7. The Minister may, for the purposes of these Regulations, and of any rules made thereunder, declare goods to be prescribed in respect of all regional areas or in respect of the whole or part of any regional area.

Year and month of manufacture to be indicated on prescribed goods.

8. Any person who manufactures or produces any goods which, at the time of manufacture or production, are prescribed goods in respect of the whole or part of any regional area, whether or not the goods are manufactured or produced in that regional area, shall mark, or cause to be marked, on the goods, or on the outer covering of any container, package or wrapping containing the goods, words sufficiently indicating the month and year in which the goods are manufactured or produced.

Minister may order supply and delivery of any prescribed goods.

9.—(1.) The Minister may, by order in writing, require any person who manufactures, produces, deals in or has control of any goods, which are prescribed goods in any part of Australia, to supply and deliver to the Minister, or to such person as is specified in the order, such of those goods as are specified in the order, and that person shall, within such period as is specified in the order, supply and deliver those goods accordingly.

(2.) Upon receipt of an order in pursuance of the last preceding sub-regulation, the person to whom the order is directed shall take action to ensure that the manufacture, production or supply, as the case may be, of the prescribed goods specified in the order shall, to the necessary extent, be given priority over all other business in which that person is engaged.

(3.) The period specified in the order with respect to any prescribed goods shall be a period of time within which, in the opinion of the Minister, it is possible for the goods to be delivered, having regard to all relevant circumstances, and the order may provide that the obligation

to comply therewith within the period specified shall be conditional upon the happening or continuance of circumstances specified in the order.

Rules for control of prescribed goods.

10.—(1.) Subject to these Regulations, and to any order or direction of the Minister made or given in pursuance of these Regulations—

(a) in the case of a regional area constituted by a State, or by a State together with the whole or part of any Territory of the Commonwealth—the Governor in Council of that State; or

(b) in the case of a regional area constituted by the whole or part of any Territory or Territories of the Commonwealth—the Minister,

may make rules for the purpose of ensuring, in respect of that regional area, the provision of emergency stocks of prescribed goods in any part of that area, and, without limiting the generality of the foregoing provisions, for providing for one or more or all of the following:—

(i) the furnishing of returns with respect to stocks of prescribed goods;

(ii) the taking of possession of, and the limitation or prohibition of the sale, use or consumption of, prescribed goods;

(iii) the regulation and control of the manufacture, production, storage, supply and distribution of prescribed goods;

(iv) arrangements for the transport of prescribed goods;

(v) the registration of persons concerned in production, manufacture, distribution, storage or sale of prescribed goods; and

(vi) all matters incidental to any of the foregoing provisions of this sub-regulation.

(2.) All rules made in pursuance of the last preceding sub-regulation shall forthwith be published—

(a) in the case of rules made by the Governor in Council of a State—in the Government Gazette of that State; and

(b) in the case of rules made by the Minister—in the Gazette.

(3.) Copies of all rules made by the Governor in Council of a State in pursuance of sub-regulation (1.) of these regulations shall, within fourteen days after the making thereof, be supplied to the Minister, and the Governor-General may, at any time, by notice published in the Gazette, disallow any such rule and the disallowance shall have the same effect as a repeal of the rule.

(4.) The provisions of sub-regulations (2.) and (3.) of this regulation shall be construed as being in addition to the provisions of sub-section (5.) of section 5 of the National Security Act 1939–1940.

Administrative expenses.

11. Where an administrative authority is constituted—

(a) by a State; or

(b) by a State together with the whole or part of any Territory of the Commonwealth,

the administrative expenses of that administrative authority shall be borne by that State but, in any case to which paragraph (b) of this

regulation applies, the Commonwealth shall pay to the State such share of those expenses as is agreed upon by the Commonwealth and that State.

Interest and guarantees in respect of bank overdrafts.

12. The Commonwealth may enter into an arrangement with any State providing for the shares for which the Commonwealth and that State will be liable in respect of—

(a) interest payable to any bank on any moneys advanced by way of overdraft by that bank and employed in the provision of stocks of prescribed goods for the purposes of these Regulations; and

(b) losses arising out of indemnities given to the Commonwealth Bank of Australia in respect of advances made by that Bank, and in respect of guarantees given by that Bank to trading banks for the purposes of these Regulations.

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

Overview

The National Security (Emergency Supplies) Regulations were enacted in 1941 as a legislative instrument under the National Security Act 1939–1940. The primary objective of these regulations is to ensure a sufficient supply of essential commodities across Australia in the event of an emergency, particularly one that arises due to the exigencies of war and disrupts or threatens to disrupt normal transport or trading facilities. Administered by the Minister of State for Commerce, these regulations establish mechanisms for declaring prescribed goods, regulating their manufacture, supply, and distribution, and ensuring that emergency stocks are adequately provided. The regulations also outline the administrative authorities responsible for these measures in various regional areas, including states and territories.

Scope and Application

The National Security (Emergency Supplies) Regulations are instrumental in ensuring the availability of essential commodities throughout Australia in times of emergency, such as those arising from the exigencies of war that disrupt normal transport or trading facilities. These regulations are administered by the Minister of State for Commerce and apply to all regional areas, which are defined as each state and territory of the Commonwealth. The Minister of State for Commerce is empowered to declare certain goods as prescribed, which must be marked with the month and year of manufacture. Additionally, the Minister can order the supply and delivery of these prescribed goods from any person who manufactures, produces, deals in, or controls them. The regulations also establish administrative authorities for each regional area, appointed by the Governor in Council of the respective state or by the Minister in cases involving territories. These authorities are tasked with making rules to control the manufacture, production, storage, supply, and distribution of prescribed goods, as well as other related matters. The Commonwealth and states may share the administrative expenses of these authorities and enter into agreements regarding the liability for bank overdrafts and guarantees in respect of bank overdrafts used for providing stocks of prescribed goods.

Key Provisions

The National Security (Emergency Supplies) Regulations, which were enacted under the National Security Act 1939–1940, provide a framework for ensuring the availability of essential goods across Australia in times of emergency. These Regulations (sections 1–12) are administered by the Minister of State for Commerce, with a primary objective to secure a sufficient supply of essential commodities in all parts of Australia during emergencies, particularly those arising from war (section 3). The Regulations define key terms such as "administrative authority," "prescribed goods," "regional area," and "the Minister," which are critical for the interpretation and implementation of these provisions (section 4). These Regulations mandate that each State and Territory shall be considered a regional area for the purposes of these Regulations, although the Minister has the authority to alter these regional boundaries (section 5). Each regional area is governed by an administrative authority, which is appointed by the Governor in Council of the relevant State or by the Minister if the regional area is constituted by a Territory or part of a Territory (section 6). The Minister also has the power to declare certain goods as "prescribed goods" for any regional area, which triggers specific obligations such as marking the month and year of manufacture on these goods (section 7 and 8). Additionally, the Minister can issue orders requiring the supply and delivery of prescribed goods to specified persons (section 9). Further, these Regulations outline the process for making rules to control the manufacture, storage, supply, and distribution of prescribed goods, as well as other related activities (section 10). The administrative expenses for authorities established by a State or a State and a part of a Territory are to be borne by the State, though the Commonwealth can agree to cover a share of these costs if a Territory is involved (section 11). The Commonwealth also has the authority to enter into arrangements with States to share the liability for interest on bank overdrafts and losses from indemnities and guarantees provided for the purposes of these Regulations (section 12). Breaches of these Regulations can lead to civil and criminal consequences. For instance, failure to comply with an order to supply and deliver prescribed goods, or to mark the month and year of manufacture on these goods, could be considered an offence. The specific penalties for such breaches are not detailed in the text provided but are likely to be outlined in the primary Act or in further subordinate legislation. Generally, penalties for non-compliance with regulations under the National Security Act 1939–1940 can include fines and imprisonment, depending on the severity of the breach and the discretion of the court.

Area of Law: National Security Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Regulatory Standards; Compliance Obligations; Enforcement Powers

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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.

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