National Security (General) Regulations (Amendment)

Overview

The Statutory Rules 1941, No. 171, issued under the National Security Act 1939-1940, aim to address the urgent need for the Commonwealth to utilise inventions for national defence purposes during times of conflict. Enacted by the Governor-General in Council, these regulations amend the National Security (General) Regulations to empower the Commonwealth to make, use, and exercise any invention related to national defence, even after a patent has been granted or an application has been submitted. This provision extends to contractors and any individuals providing goods or services necessary for executing Commonwealth contracts. The regulations also establish terms for the use of such inventions, which can be agreed upon or set by the Attorney-General, and override any conflicting agreements between the inventor and other parties. The policy objective is to ensure that critical inventions are available for national defence without hindrance, facilitating the swift and effective response to security threats.

Scope and Application

The regulation under the National Security Act 1939-1940 pertains to the use of inventions for the services of the Commonwealth, particularly in relation to the defence of Australia. It applies to patents that have been granted or for which applications have been made, and allows the Commonwealth to utilise these inventions in connection with national defence activities. This includes the authority for any contractors or persons engaged in work for the Commonwealth to similarly make use of these inventions. The terms of use, whether by the Commonwealth or its contractors, can be agreed upon or fixed by the Attorney-General, and any prior agreements or licences must not conflict with the provisions of this regulation. Notably, the regulation does not specify exclusions or exemptions but provides the Attorney-General with the discretion to consider any benefits or compensation received by the inventors or patent holders from the Commonwealth when determining terms. Additionally, the regulation extends to the sale of goods made using these inventions if they are no longer required by the Commonwealth.

Key Provisions

The primary provision of the Statutory Rules 1941, No. 171 under the National Security Act 1939-1940 is contained in Regulation 57a. This regulation allows the Commonwealth to make use of any invention for national defence purposes, even after a patent has been granted or an application for a patent has been submitted to the Patent Office, regardless of whether this occurred before or after the regulation's commencement (Regulation 57a(1)). It extends this authority to contractors with the Commonwealth and to any individuals or entities performing work or supplying goods necessary for the execution of a contract with the Commonwealth (Regulation 57a(1)(a) and (b)). The terms under which these entities can make, use, exercise, or vend the invention are stipulated to be those agreed upon by the parties, or if no agreement is reached, those fixed by the Attorney-General (Regulation 57a(2)(a) and (b)). The Attorney-General has the discretion to consider any benefits or compensation received by the inventor, applicant, or patentee from the Commonwealth when setting these terms (Regulation 57a(4)). Furthermore, the Commonwealth, as well as its contractors and suppliers, have the right to sell any goods produced using the invention that are no longer needed (Regulation 57a(5)). The obligations imposed by these regulations are primarily on the Commonwealth and its contractors and suppliers. They must adhere to the terms set by the Attorney-General if no agreement is reached with the inventor, applicant, or patentee (Regulation 57a(2)). The Attorney-General must consider any benefits or compensation received by the parties involved when determining these terms (Regulation 57a(4)). Additionally, any existing agreements or licences between the inventor, applicant, patentee, or licensee and other parties become inoperative if they conflict with the provisions of this regulation or any agreements made under it (Regulation 57a(3)). The right to sell goods produced using the invention, which are no longer required by the Commonwealth, is also granted (Regulation 57a(5)). There are no explicit offences, penalties, or consequences mentioned within the regulation itself for breaches of these provisions. However, the National Security Act 1939-1940 under which these regulations are made, provides a framework for enforcement. Breaches of the Act or its regulations could potentially lead to legal actions or administrative penalties, the specifics of which would depend on the nature and severity of the breach. The penalties could range from fines to imprisonment, as outlined in the broader legal context of the Act.