National Security (Mobilization of Electricity Supply) Regulations

Legislation au C1942L00413 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1942. No. 413.

————

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 twenty-ninth day of September, 1942.

(SGD.) GOWRIE

Governor-General.

By His Excellency’s Command,

for and on behalf of the Minister of State for Defence.

————

National Security (Mobilization of Electricity Supply) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Mobilization of Electricity Supply) Regulations.

Administration.

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

Objects.

3. The objects of these Regulations are to secure, in the interests of the defence of the Commonwealth and the successful prosecution of the war, that the generation, transmission, distribution and supply of electricity are mobilized and co-ordinated and for those purposes to ensure that electricity generating sets, boilers, transformers, switch gear and all associated and incidental materials and property are obtained, used and available at the localities where most needed and to ensure that all the supplies of electricity are maintained to the utmost capacity possible, and these Regulations shall be administered accordingly.

Definitions.

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

“Control Region” means any part of the Commonwealth declared to be a Control Region under these Regulations;

“Director-General” means the Director-General of Munitions appointed under the National Security (Munitions) Regulations;

 

* Notified in the Commonwealth Gazette on , 1942.

6550.—Price 3d. 25/23.9.1942.


“electricity undertaking” means any undertaking which is carried on or capable of being carried on for the generation or supply of electricity and includes any such undertaking which is authorized by or under any law or is carried on by or on behalf of the Commonwealth or a State or a local governing authority;

“Regional Controller”, in relation to a Control Region, means the Regional Controller of Electricity Supply appointed for that Region under these Regulations;

“the Controller” means the Controller of Electricity Supply appointed under these Regulations.

Controller and Regional Controllers.

5.—(1.) There shall be a Controller of Electricity Supply who shall be appointed by the Minister on the recommendation of the Director-General and shall have such powers and functions as are prescribed by these Regulations.

(2.) The Minister may, in relation to any Control Region, appoint, on the recommendation of the Director-General, a person to be a Regional Controller of Electricity Supply for that Region.

Control Regions.

6. The Director-General may, by notice published in the Gazette, declare any part of the Commonwealth to be a Control Region for the purposes of these Regulations.

Powers and functions.

7. The powers and functions of the Controller shall, subject to these Regulations and to any direction of the Minister or of the Director-General, be—

(a) to report and make recommendations with respect to—

(i) financial matters relative and incidental to the generation, supply and distribution of electricity;

(ii) measures to supplement existing sources of electricity supply;

(iii) measures for the removal of generating plant from one place or site to another;

(iv) measures to secure an adequate supply of labour at any place in order to secure the effective generation or supply of electricity at that place;

(v) the supply of fuel for the generation of electricity and the supplementation of the existing supplies of fuel for that purpose;

(vi) the availability of supplies of electricity in relation to the selection of sites for factories; and

(vii) any other matters relating to the generation, supply, distribution or consumption of electricity; and

(b) by order, to make provision for or in relation to—

(i) the regulation, restriction or prohibition of the generation, distribution, supply or consumption of electricity;

(ii) the fixation of voltages, frequencies, boiler pressures and associated matters to be used in connexion with electricity undertakings.


Co-operation with existing facilities.

8. In carrying out his powers and functions under these Regulations, the Controller shall, so far as practicable and so far as he deems it necessary so to do, co-operate with the persons carrying on existing electricity undertakings and utilize the organization and administrative and technical facilities of those undertakings.

Delegation by Controller.

9.—(1.) The Controller may with respect to any matters or class of matters in relation to any Control Region, by writing under his hand, delegate all or any of his powers and functions under these Regulations (except this power of delegation and the power conferred under regulation 10 of these Regulations) to the Regional Controller for that Region so that the delegated powers and functions may be exercised by the delegate with respect to the matters or class of matters specified in the instrument of delegation in relation to that Control Region.

(2.) Every delegation under this regulation shall be revocable at will, and no delegation shall prevent the exercise of any power or function by the Controller.

Powers of electricity undertakings.

10. Subject to any directions of the Minister, the Director-General or the Controller may, by order, enlarge the powers and functions of the person carrying on an electricity undertaking, or relax any obligation or limitation imposed on him by, or in pursuance of, any law or instrument determining its powers and functions, to such extent as is necessary to enable compliance with any order under these Regulations.

Exercise of powers.

11. Any exercise of power by the Director-General or Controller may be general or limited to any electricity undertaking or person or class of electricity undertakings or persons or to any Control Region or part of any Control Region.

General functions of Director-General.

12. The Director-General shall have the direction and control of the following matters:—

(a) The operation of undertakings concerned in the generation, transmission, distribution and supply of electricity;

(b) The acquisition by the Commonwealth and the establishment of such undertakings;

(c) The securing of supplies of materials, plant, tools and equipment for the purposes of such undertakings;

(d) The employment and training of technicians, workmen and others for the purposes of such undertakings;

(e) The control of the nature and extent of the output or production of any such undertaking; and

(f) The arrangements, and all action necessary, to secure the generation, transmission, distribution and supply of electricity.

Special power to Director-General.

13. In the exercise of his functions under these Regulations the Director-General may, on behalf of the Commonwealth, notwithstanding anything contained in any other law—

(a) make and vary contracts and agreements;

(b) employ such persons as are necessary;


(c) direct any contractor with the Commonwealth or with an authority of the Commonwealth or any person sub-contracting for such a contractor as to the manner of carrying out the work for which he has contracted or sub-contracted;

(d) requisitioning or compulsorily acquiring any property other than land which he thinks necessary including exclusive rights or licence and privilege;

(e) acquire by purchase any goods or chattels or things in action (including rights in relation to inventions); and

(f) sell or otherwise dispose of or turn to account or write off property held in connexion with the generation, transmission, distribution and supply of electricity.

Overview

The National Security (Mobilization of Electricity Supply) Regulations 1942 were enacted under the National Security Act 1939-1940 to address the need for a coordinated and efficient electricity supply system to support the national defence efforts during wartime. The regulations were made by the Governor-General, acting on the advice of the Federal Executive Council, and they establish a framework for the mobilisation and regulation of electricity supply to ensure its availability and effective use in areas most critical for the war effort. The primary objective of these regulations is to mobilise and coordinate the generation, transmission, distribution, and supply of electricity, ensuring that necessary resources and materials are directed to where they are most needed. This is achieved through the establishment of a Controller of Electricity Supply, who is tasked with making recommendations and orders concerning various aspects of electricity supply, including the regulation of its generation, distribution, and consumption, and the fixation of technical parameters such as voltages and frequencies. The regulations also empower the Controller and Regional Controllers to delegate their functions, subject to ministerial oversight, to better manage the complexities of wartime resource allocation.

Scope and Application

The National Security (Mobilization of Electricity Supply) Regulations, made under the National Security Act 1939-1940, apply to the mobilization and coordination of electricity supply across the Commonwealth of Australia to support national defence and war efforts. These regulations are administered by the Minister of State for Munitions and pertain to any undertaking engaged in the generation or supply of electricity, including those authorized by or on behalf of the Commonwealth, a State, or a local governing authority. The Director-General of Munitions plays a pivotal role in the administration of these regulations, with specific powers to manage operations, secure supplies, and employ personnel necessary for the execution of electricity undertakings. The regulations establish the role of a Controller of Electricity Supply, who is responsible for reporting and making recommendations on financial and operational matters related to electricity, as well as the power to issue orders concerning the regulation and restriction of electricity generation, distribution, and consumption. Furthermore, the Director-General may delegate powers to Regional Controllers for specific Control Regions, which are areas declared by the Director-General to require special attention under these regulations. The regulations are designed to ensure the effective use of electricity resources and infrastructure in support of national security objectives.

Key Provisions

The National Security (Mobilization of Electricity Supply) Regulations, made under the National Security Act 1939-1940, focus on ensuring the effective mobilization and coordination of electricity generation, transmission, distribution, and supply to support the defence of the Commonwealth and the war effort (Regulation 3). The administration of these Regulations falls under the purview of the Minister of State for Munitions (Regulation 2). Key provisions include the appointment of a Controller of Electricity Supply (Regulation 5(1)), who is tasked with a range of powers and functions related to the management and regulation of electricity undertakings (Regulation 7). The Director-General of Munitions has overarching control over the operation of electricity undertakings, acquisition of materials, and employment of personnel necessary for the effective generation and distribution of electricity (Regulations 12 and 13). These Regulations impose several obligations on the parties they govern. The Controller of Electricity Supply is required to report on and make recommendations regarding financial matters, measures for supplementing electricity supply, and ensuring adequate labour and fuel supplies (Regulation 7(a)). The Controller also has the authority to regulate, restrict, or prohibit the generation, distribution, supply, or consumption of electricity, and to fix technical standards for electricity undertakings (Regulation 7(b)). Additionally, the Controller must co-operate with existing electricity undertakings and utilize their facilities to the extent necessary (Regulation 8). The Director-General of Munitions has broad powers to direct the operations of electricity undertakings, acquire necessary materials and equipment, and employ personnel to ensure the effective generation and distribution of electricity (Regulations 12 and 13). Breaches of these Regulations may result in various consequences. While the specific penalties for violations are not detailed within the text of the Regulations themselves, the overarching National Security Act 1939-1940 under which these Regulations are made, provides for severe penalties for any breaches. Such breaches can lead to criminal charges and, upon conviction, may result in imprisonment or fines. The exact penalties would be determined in the context of the specific breach and under the relevant provisions of the Act.

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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.