National Security (Medical Equipment) Regulations (Amendment)

Legislation au C1941L00053 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1940. No. 53.

 

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 twelfth day of March, 1940.

Governor-General.

By His Excellency’s Command,

Acting Minister of State for Defence Co-ordination.

 

Amendments of National Security (Medical Equipment) Regulations.†

Citation.

1. Regulation 1 of the National Security (Medical Equipment) Regulations and the heading appearing before that regulation are amended by inserting, after the word “Medical”, the words “Co-ordination and”.

Definitions.

2. Regulation 2 of the National Security (Medical Equipment) Regulations is amended—

(a) by omitting from the definition of “State Committee” the figure “8” and inserting in its stead the figures “10”; and

(b) by inserting the following definition after the definition of “the Central Committee”—

“‘the Chairman’, in relation to any Committee, includes the Deputy Chairman of the Committee, while acting as Chairman in accordance with these Regulations;”.

 

* Notified in the Commonwealth Gazette on , 1940

† Statutory Rules 1939, No. 178.

6144.—12/28.10.1940—Price 5d.


3. Regulation 3 of the National Security (Medical Equipment) Regulations is repealed and the following regulation inserted in its stead:—

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;

(c) the Director of Naval Medical Services;

(d) the Director of Medical Services, Royal Australian Air Force;

(e) the Director of Organization and Recruiting;

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

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

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

“(2.) The Minister may appoint a Medical Officer of the Defence Force to act as Deputy Chairman of the Committee.

“(3.) The Deputy Chairman shall act as Chairman whenever so directed in writing by the Chairman, or whenever the Chairman is unable, owing to illness or for any other reason, to perform the duties of that office, and the Deputy Chairman, while so acting, shall have, and may exercise and perform, all the powers and functions of the Chairman under these Regulations.

“(4.) The Central Committee shall advise the Minister upon any matter affecting—

(a) the provision and distribution of registered medical practitioners for the service of the Naval, Military and Air Forces and the civil population; and

(b) the supply and distribution of medical equipment.”

 

Meetings of Central Committee.

4. Regulation 4 of the National Security (Medical Equipment) Regulations is amended by omitting sub-regulations (3.) to (7.) (both inclusive) and inserting in their stead the following sub-regulations:—

“(3.) In the event of any member (other than the Chairman) being unable to attend any meeting of the Committee, he shall nominate a person to attend in his stead.

“(4.) A nomination in pursuance of the last preceding sub-regulation shall be in writing signed by the member, and shall be forwarded to the Chairman of the Committee prior to the commencement of the meeting to which it relates.

“(5.) Any person nominated under this regulation to attend a meeting of the Committee shall have and may exercise at that meeting all the powers of the member by whom he was nominated.”.


5. Regulation 5 of the National Security (Medical Equipment) Regulations is repealed and the following regulation inserted in its stead:—

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;

(c) a representative of the British Medical Association in Australia;

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

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

“(2.) The Minister may appoint a Medical Officer of the Defence Force to act as Deputy Chairman of the Committee.

“(3.) The Deputy Chairman shall act as Chairman whenever so directed in writing by the Chairman, or whenever the Chairman is unable, owing to illness or for any other reason, to perform the duties of that office, and the Deputy Chairman, while so acting, shall have, and may exercise and perform, all the powers and functions of the Chairman under these Regulations.

“(4.) The Medical Equipment Control Committee shall make investigations and submit reports and recommendations to the Chairman of the Central Committee concerning—

(a) the supplies of medical equipment available in Australia;

(b) any existing or anticipated shortage of such equipment;

(c) any action necessary to meet or obviate such shortage;

(d) the production of medical equipment in Australia, and the cultivation of trees and plants for the production of drugs;

(e) any action necessary or desirable in relation to the regulation, restriction or prohibition of the production, storage, distribution, sale, purchase and use of medical equipment; and

(f) any matters relating to medical equipment which are referred to the Committee by the Central Committee.”.

Meetings of Medical Equipment Control Committee.

6. Regulation 6 of the National Security (Medical Equipment) Regulations is amended by adding at the end thereof the following sub-regulations:—

“(3.) In the event of any member (other than the Chairman) being unable to attend any meeting of the Committee, he shall nominate a person to attend in his stead.

“(4.) A nomination in pursuance of the last preceding sub-regulation shall be in writing signed by the member, and shall be forwarded to the Chairman of the Committee prior to the commencement of the meeting to which it relates.

“(5.) Any person nominated under this regulation to attend a meeting of the Committee shall have and may exercise at that meeting all the powers of the member by whom he was nominated.”.


Control of medical equipment.

7. Regulation 7 of the National Security (Medical Equipment) Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(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—

(a) make orders for regulating, restricting, or prohibiting the production, storage, distribution, sale, purchase, and use of medical equipment; and

(b) purchase, store and sell or otherwise dispose of medical equipment on behalf of the Commonwealth:

Provided that—

(i) this sub-regulation shall not be deemed to authorize the Chairman to purchase medical equipment except to the extent that funds to meet the expenditure involved are available in the Medical Supplies and Equipment Trust Account established by the Treasurer in pursuance of section 62a of the Audit Act 1901–1934;

(ii) the approval of the Minister shall be obtained for all sales of medical equipment on behalf of the Commonwealth and for the disposal of medical equipment for any purpose other than the supply of such equipment for the Naval, Military or Air Forces; and

(iii) in matters relating to the supply of such equipment to the Naval, Military or Air Forces, the Chairman shall act on the recommendation of a Committee consisting of himself (as Chairman), the Director of Naval Medical Services and the Director of Medical Services, Royal Australian Air Force, instead of the recommendation of the Medical Equipment Control Committee.”.

8. Regulation 10 of the National Security (Medical Equipment) Regulations is repealed and the following regulation inserted in its stead:—

State Medical Co-ordination Committees.

“10.—(1.) There shall be a State Medical Co-ordination Committee in each State consisting of—

(a) the Deputy Director of Medical Services in the State, who shall be the Chairman of the Committee;

(b) a Naval Medical Officer appointed by the Director of Naval Medical Services;

(c) a Royal Australian Air Force Medical Officer appointed by the Director of Medical Services, Royal Australian Air Force;

(d) one member appointed by the Minister to represent the State Branch of the British Medical Association in Australia;

(e) one member appointed by the Minister to represent the Department of the State administering matters relating to public health; and


(f) in any State in which the administration of hospitals is not under the control of the Department administering matters relating to public health—one member appointed by the Minister to represent the authority responsible for the control of hospitals.

“(2.) A State Medical Co-ordination Committee may co-opt any person to attend any meeting of the Committee, and that person shall then be entitled to attend but not to vote at the meeting.

“(3.) A State Committee appointed in any State shall make investigations and submit reports, plans, and recommendations—

(a) to the Chairman of the Central Committee concerning—

(i) the number of registered medical practitioners available in the State or any part thereof;

(ii) any action which may be necessary in relation to registered medical practitioners  in the State to provide for the needs of the Naval, Military, and Air Forces and the civil population in the State in case of emergency; and

(iii) any matters referred to the Committee by the Chairman of the Central Committee;

(b) to the Chairman of the Medical Equipment Control Committee concerning—

(i) the supplies of medical equipment available in the State; and

(ii) any action which may be necessary to meet any existing or anticipated shortage of medical equipment in the State; and

(iii) any matters relating to medical equipment which are referred to the Committee by the Chairman of the Medical Equipment Control Committee.”.

9. After regulation 10 of the National Security (Medical Equipment) Regulations, the following regulation is inserted:—

Meetings of State Medical Co-ordination Committees.

“10a.—(1.) Meetings of a State Medical Co-ordination 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.) The Chairman of the Central Committee may appoint a Medical Officer of the Defence Force to act as Deputy Chairman of any State Committee.

“(3.) The Deputy Chairman so appointed shall act as Chairman of the State Committee whenever so directed in writing by the Chairman of that Committee, or whenever the Chairman is unable, owing to illness or for any other reason, to perform the duties of that office, and the Deputy Chairman, while so acting, shall have, and may exercise and perform, all the powers and functions of the Chairman under these Regulations.


“(4.) In the event of any member (other than the Chairman) being unable to attend any meeting of a State Committee, he may nominate a person to attend in his stead, and that person may exercise at that meeting all the powers of the member by whom he was nominated.

“(5.) A nomination in pursuance of the last preceding sub-regulation shall be in writing signed by the member, and shall be forwarded to the Chairman of the Committee prior to the commencement of the meeting to which it relates.”.

 

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

Overview

The Regulations under the National Security Act 1939–1940 were enacted by the Governor-General in Council to address the need for coordinated medical supplies and services in the context of national security during wartime. These regulations were made under the authority of the National Security Act 1939–1940 and aimed to establish a structured framework for the coordination and control of medical equipment and personnel. The regulations introduced a series of committees, including a Central Medical Coordination Committee, a Medical Equipment Control Committee, and State Medical Coordination Committees, tasked with ensuring an adequate supply of medical resources for the armed forces and the civilian population. These committees were to advise the Minister and make recommendations on matters pertaining to the provision, distribution, and control of medical equipment and personnel. The policy objective was to enhance the efficiency and effectiveness of medical services during times of national emergency.

Scope and Application

The Statutory Rules 1940, No. 53, made under the National Security Act 1939–1940, pertains to the regulation and coordination of medical equipment within Australia during a period of national security concern. The legislation applies to the medical and administrative entities involved in managing medical resources for the Australian Defence Force and the civilian population. It establishes various committees, including the Central Medical Co-ordination Committee, the Medical Equipment Control Committee, and State Medical Co-ordination Committees, each tasked with specific roles in coordinating and controlling medical supplies and personnel. The regulation is applicable across the Commonwealth of Australia, ensuring a coordinated approach to medical equipment management across federal and state levels. The Act does not specify exclusions or thresholds but extends its application through the creation of subordinate committees and their respective roles and responsibilities, as outlined in the detailed regulations.

Key Provisions

The key operative sections of these regulations establish and detail the composition and functions of the Central Medical Co-ordination Committee, the Medical Equipment Control Committee, and State Medical Co-ordination Committees (regulations 3, 5, and 10 respectively). Regulation 7 outlines the authority of the Chairman of the Central Committee to make orders and dispose of medical equipment, subject to certain conditions and approvals. The regulations also revise the definition of 'State Committee' and add a definition for 'the Chairman' to clarify the roles and responsibilities within these committees (regulation 2). These provisions require the establishment of these committees with specific members and outline their functions, including making recommendations and submitting reports to the relevant parties. These regulations impose specific obligations on the committees and their members. The Central Medical Co-ordination Committee must advise the Minister on matters concerning the provision and distribution of medical practitioners and equipment, while the Medical Equipment Control Committee must investigate and report on the supply and potential shortages of medical equipment. State Medical Co-ordination Committees are tasked with investigating and reporting on the availability of medical practitioners and equipment within their respective states. The regulations also detail the procedures for attending meetings and the appointment of deputies in the event of a member's absence. Violations of these regulations may result in various consequences, depending on the nature of the breach. The regulations themselves do not explicitly outline specific offences, penalties, or consequences for non-compliance. However, given the context of national security and the critical nature of medical equipment and personnel during wartime, breaches of these regulations could potentially lead to administrative actions, legal proceedings under the National Security Act 1939–1940, or other consequences deemed appropriate by the Minister or relevant authorities. The exact penalties for non-compliance would be determined in the context of the broader legal framework governing national security and related offences.

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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.