National Security (Inquiries) Regulations (Amendment)

Overview

Statutory Rules 1941 No. 114, enacted under the National Security Act 1939-1940, addresses the need for detailed cost analysis of goods supplied to government departments for public safety and defence purposes. This regulation was introduced during a period of heightened national security concerns, aiming to ensure that the Commonwealth obtained goods at fair and reasonable prices. The regulation was made by the Governor-General in Council, acting on behalf of the Minister of State for Defence Co-ordination, with the policy objective of enhancing transparency and accountability in procurement processes related to national security. The enactment reflects a commitment to scrutinise and report on the costs associated with supplying goods to the government, thereby protecting the interests of both the Commonwealth and the suppliers involved.

Scope and Application

The Statutory Rules 1941, No. 114, made under the National Security Act 1939-1940, provides for amendments to the National Security (Inquiries) Regulations by introducing new powers for Boards of Inquiry and appointed persons. Specifically, these entities may now inquire into and report on the costs to suppliers of goods supplied to any Department for public safety or defence purposes, as well as to other persons involved in the production or manufacture of similar goods. This regulation extends to any inquiry authorised by a Minister or someone acting on a Minister's authority, thereby enhancing the scrutiny of cost implications in matters relating to national security. The scope of this regulation is not explicitly restricted to particular entities or industries, but it is clear that it applies broadly to suppliers and manufacturers whose goods are involved in national security matters, with a jurisdictional reach across the Commonwealth and its territories.

Key Provisions

The Statutory Rules of 1941, No. 114, made under the National Security Act 1939-1940, introduce amendments to the National Security (Inquiries) Regulations, specifically focusing on the appointment of Boards of Inquiry and Commissioners (Reg. 3). These amendments empower Boards of Inquiry or any appointed person to inquire into and report on the costs associated with goods supplied to any Department for public safety or defence purposes (Reg. 3(1a)(a)). Furthermore, these inquiries can extend to include the costs incurred by other persons engaged in the production or manufacture of similar goods (Reg. 3(1a)(b)). This expanded scope allows for a more comprehensive assessment of cost implications across the supply chain. The primary obligations under this Regulation require Boards of Inquiry and Commissioners to conduct thorough investigations into the cost structures of goods supplied for national security purposes. This includes detailed scrutiny of the costs borne by suppliers as well as those involved in the production or manufacture of similar goods. Such investigations must be reported to the relevant Minister, ensuring transparency and accountability in the procurement process. The Regulations mandate that these inquiries be conducted diligently and that the findings be communicated effectively to the authorities responsible for national security and defence. Non-compliance with the requirements set forth in this Regulation could result in significant consequences. While the specific offences, penalties, or civil/criminal consequences are not detailed in the excerpt, it is reasonable to infer that breaches of these investigative and reporting obligations could lead to disciplinary actions against the appointed Boards or Commissioners. Such actions might include administrative penalties, sanctions, or even legal proceedings if the breaches are severe enough. The precise nature and extent of these consequences would likely be further defined in the broader legislative framework or through subsequent regulatory guidance. In summary, the Statutory Rules of 1941, No. 114, enhance the investigative powers of Boards of Inquiry and Commissioners under the National Security (Inquiries) Regulations by allowing them to examine and report on the costs associated with goods supplied for national security purposes and those engaged in similar production or manufacture. These amendments impose clear obligations on the appointed bodies to conduct comprehensive inquiries and submit detailed reports to the relevant Minister. Failure to adhere to these requirements could result in various forms of penalties or sanctions, although the exact nature of these repercussions is not explicitly stated in the provided excerpt.