National Security (Medical Equipment) Regulations

Legislation au C1939L00178 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1939. No. 178.

———

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939.*

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.

Dated this nineteenth day of December, 1939.

gowrie

Governor-General.

By His Excellency’s Command,

ROBERT G. MENZIES

Minister of State for Defence Co-ordination.

———

National Security (Medical Equipment) Regulations

Citation.

1. These Regulations may be cited as the National Security (Medical Equipment) Regulations.

Definitions.

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

“authorized officer” means any person appointed by the Chairman of the Medical Equipment Control Committee to be an authorized officer for the purposes of these Regulations;

“medical equipment” includes all goods and appliances used for medical, surgical, dental or veterinary purposes;

“State Committee” means a State Medical Co-ordination Committee appointed by the Minister in pursuance of regulation 8 of these Regulations;

“the Central Committee” means the Central Medical Co-ordination Committee established in pursuance of regulation 3 of these Regulations;

“the Medical Equipment Control Committee” means the Medical Equipment Control Committee appointed by the Minister in pursuance of regulation 5 of these Regulations.

Central Medical Co-ordination Committee.

3. There shall be a Committee, to be known as the Central Medical Co-ordination Committee, consisting of—

(a) the Director-General of Medical Services, who shall be the Chairman of the Committee;

(b) the Director-General of Health;

(d) the Director of Army Mobilization;

* Notified in the Commonwealth Gazette on 20th December, 1939.

7659.—Price 3d.

(e) the Director of Civil Defence and State Co-operation;

(f) two members appointed by the Minister to represent the British Medical Association in Australia; and

(g) one member appointed by the Minister to represent the Joint Councils of Royal Colleges of Surgeons and Physicians of Australasia.

Meetings of Central Committee.

4.—(1.) Meetings of the Central Committee shall be held at such times and places as are determined by the Committee or notified to members of the Committee by the Chairman.

(2.) At any meeting of the Committee—

(a) four members shall constitute a quorum;

(b) the chairman shall have a deliberative, and in the event of an equality of votes, shall also have a casting vote;

(3.) In the event of any of the members specified in paragraphs (a), (b), (c), (d) and (e) of sub-regulation (1.) of the last preceding regulation being unable to attend any meeting of the Central Committee, he may nominate a person to attend in his stead.

(4.) In the event of a member appointed to represent the British Medical Association in Australia being unable to attend any meeting of the Central Committee, one of the representatives of that Association on the State Committee in the State in which the meeting is to be held may attend in his stead.

(5.) In the event of the member appointed to represent the Joint Councils of Royal Colleges of Surgeons and Physicians of Australasia being unable to attend any meeting of the Central Committee, the Joint Councils may nominate a person to attend in his stead.

(6.) Nominations in pursuance of this regulation shall be in writing and shall be forwarded to the Chairman of the Central Committee.

(7.) Any person authorized by or nominated under this regulation to attend a meeting of the Central Committee shall have and may exercise at that meeting all the powers of a member of the Committee.

Medical Equipment Control Committee.

5.—(1.) The Minister may appoint a Medical Equipment Control Committee consisting of—

(a) a Medical Officer of the Defence Force, who shall be the Chairman of the Committee;

(b) a representative of the Commonwealth Department of Health;

(d) a representative of the Department of Supply and Development; and

(e) a representative of the Department of Trade and Customs.

(2.) The Medical Equipment Control Committee shall exercise and perform such powers and functions as are conferred upon it under these Regulations or assigned or delegated to it by the Central Committee.

Meeting of Medical Equipment Control Committee.

6.—(1.) Meetings of the Medical Equipment Control Committee shall be held at such times and places as are determined by the Committee or notified to members of the Committee by the Chairman.

(2.) At meetings of the Medical Equipment Control Committee—

(a) three members shall constitute a quorum;

(b) the Chairman shall have a deliberative, and, in the event of an equality of votes, shall also have a casting vote; and

Control of medical equipment.

7.—(1.) For the purpose of ensuring an adequate supply of medical equipment for the Naval, Military and Air Forces and the civil population of Australia, the Chairman of the Central Committee, acting upon the recommendation of the Medical Equipment Control Committee, may make orders for regulating, restricting, or prohibiting the production, storage, distribution, sale, purchase and use of medical equipment.

(2.) An order under this regulation may be made in respect of all medical equipment or in respect of any specified goods or articles.

(3.) A person shall comply with every requirement made in pursuance of any order made under this regulation.

Power to obtain information.

8. Any person carrying on a trade or business in relation to the purchase, sale or distribution of medical equipment, and any person employed in connexion with any such trade or business, shall, if so required by the Chairman of the Medical Equipment Control Committee or by an authorized officer—

(a) answer any questions put to him;

(b) furnish information, estimates or returns;

(c) produce, and permit an authorized officer to make copies of or abstracts from, any books, accounts or other documents;

relating to that trade or business, and any person who, when so required to answer any question or furnish any information or return, makes any answer or gives any information which is false in any particular shall be guilty of an offence.

Power to enter premises.

9.—(1.) With a view to securing compliance with any order made under these Regulations, any authorized officer may—

(a) enter upon and search any premises and inspect any documents, books or papers found therein; and

(b) impound or retain any documents, books or papers produced to him or inspected by him in pursuance of this regulation, and make copies of or abstracts from those documents, books or papers or any entries therein,

but the person entitled to any documents, books or papers impounded under this regulation shall be entitled within a reasonable time to a copy certified as correct by an authorized officer, and such certified copy shall be received in all courts as evidence and as of equal validity to the original.

(2.) Any person who prevents or attempts to prevent an authorized officer from entering upon any premises, or inspecting or impounding any documents, books or papers, or from making copies of, or extracts from, any documents, books or papers, or of any entries therein, shall be guilty of an offence.

State Medical Co-ordination Committees.

10.—(1.) The Minister may appoint in each State a State Medical Co-ordination Committee consisting of—

(a) a medical officer of the Defence Force, who shall be the Chairman of the Committee;

(b) two representatives of the State Branch of the British Medical Association;

(d) in any State in which the administration of hospitals is not under the control of the Department specified in (c) of this sub-regulation—one representative of the Authority responsible for the control of hospitals.

(2.) A State Medical Co-ordination Committee may co-opt any person to be a member of the Committee and to attend meetings during any specified period or when the Committee is considering matters arising in relation to certain specified subjects, and the person so co-opted shall be entitled to attend but not to vote at such meetings.

(3.) A State Committee appointed in any State shall exercise and perform in that State such powers and functions as are assigned or delegated to it by the Central Committee or the Medical Equipment Control Committee.

Restrictions on disclosing information.

11. Any person who obtains any information in pursuance of these Regulations shall not, otherwise than in connexion with the execution of these Regulations, or of an Order made under these Regulations, disclose that information except with permission granted by the Minister or by a person thereto authorized by the Minister.

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

Overview

The National Security (Medical Equipment) Regulations 1939 were enacted to address the need for stringent control over medical equipment in Australia, ensuring adequate supply for both military and civilian needs during a time of national emergency. These regulations were formulated under the authority of the National Security Act 1939 and were made by the Governor-General, acting on the advice of the Federal Executive Council. The primary policy objective was to establish a framework for the regulation, restriction, and prohibition of the production, storage, distribution, sale, purchase, and use of medical equipment to effectively manage resources and maintain essential supplies during wartime. This was achieved by establishing several committees responsible for overseeing and coordinating the distribution and control of medical equipment across the nation.

Scope and Application

The National Security (Medical Equipment) Regulations, enacted under the National Security Act 1939, apply to the control and management of medical equipment within Australia, ensuring an adequate supply for the nation's military and civil population. These regulations pertain to all goods and appliances used for medical, surgical, dental, or veterinary purposes, and they apply nationally, overseen by the Central Medical Co-ordination Committee. This central committee includes representatives from key sectors such as Defence, Health, and Civil Defence, along with members from the British Medical Association and the Joint Councils of Royal Colleges of Surgeons and Physicians of Australasia. The regulations also establish State Medical Co-ordination Committees to implement federal directives at a state level, ensuring a coordinated approach to managing medical equipment. The regulations empower authorised officers to inspect, impound documents, and gather necessary information from businesses involved in the trade of medical equipment, with strict penalties for non-compliance or the provision of false information. Additionally, these regulations restrict the disclosure of information obtained under their authority, except with proper authorisation, to safeguard sensitive data.

Key Provisions

The National Security (Medical Equipment) Regulations, as part of the broader legislative framework under the National Security Act 1939, establish a structured approach to managing the supply and distribution of medical equipment within Australia, particularly in the context of national security and emergency preparedness. The Regulations, as laid out in section 1, provide a comprehensive set of provisions governing the control, management, and oversight of medical equipment. Section 3 details the establishment of the Central Medical Co-ordination Committee, which plays a pivotal role in coordinating national efforts to ensure an adequate supply of medical equipment. This Committee, as outlined in section 4, comprises key stakeholders including the Director-General of Medical Services, the Director-General of Health, and other relevant departmental heads, tasked with making strategic decisions regarding medical equipment allocation and control. The Regulations, under sections 5 and 6, establish the Medical Equipment Control Committee, which is responsible for executing the policies and directives set forth by the Central Committee. This Committee is empowered to make orders regulating, restricting, or prohibiting the production, storage, distribution, sale, purchase, and use of medical equipment as necessary, as stipulated in section 7. These orders are designed to ensure that medical equipment is available to meet the needs of the Naval, Military, Air Forces, and the civilian population, reflecting the overarching objective of national security preparedness. Furthermore, sections 8 and 9 grant authorized officers the authority to obtain information and enter premises to enforce compliance with these regulations, thereby ensuring accountability and adherence to the established controls. The Regulations impose several obligations on the parties and entities they govern. Under section 8, any person involved in the trade or business of medical equipment is required to provide information and documentation as requested by the Chairman of the Medical Equipment Control Committee or an authorized officer. This includes answering questions, furnishing information, and producing relevant documents. Additionally, section 9 empowers authorized officers to enter and search premises, inspect documents, and impound necessary materials to ensure compliance with the regulations. These provisions are essential for maintaining the integrity and effectiveness of the medical equipment control system. Violations of these Regulations can lead to significant consequences. Section 8 explicitly states that providing false information or failing to comply with requests for information or documentation is an offence. Section 9 further outlines that any person who prevents or attempts to prevent an authorized officer from entering premises or inspecting documents is also guilty of an offence. While the specific penalties for these offences are not detailed within the text provided, it is implied that breaches of these Regulations can result in legal repercussions, underscoring the importance of strict compliance with the established procedures and controls.

Area of Law: National Security Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Reporting & Disclosure 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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