National Security (Munitions) Regulations

Legislation au C1940L00111 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1940. No. 111.

––––––

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939.*

I, THE DEPUTY OF 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 fifteenth day of June, 1940.

WINSTON DUGAN

Deputy of the Governor-General.

By His Excellency’s Command,

ROBERT G. MENZIES

Minister of State for Defence Co-ordination.

––––––

National Security (Munitions) Regulations.

Citation.

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

Definitions.

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

“munitions” means armaments, arms, ammunition, weapons, vehicles, machines or aircraft, and includes the materials necessary for the production of those things, and also includes such things of whatsoever kind as the Minister by order declares to be munitions;

“the Department” means the Department of Munitions;

“the Minister” means the Minister of State for Munitions.

Functions of Department.

3. The Department shall deal with the following matters, namely:—

(a) The manufacture, acquisition, provision, and supply of munitions and all matters incidental thereto;

(b) Factories and establishments purchased or established or deemed to be established in pursuance of the Supply and Development Acts 1939; and

Regulations to be administered by Minister.

4.—(1.) The Minister shall be charged with the administration of—

(a) Part III. of the Supply and Development Acts 1939;

(b) the National Security (Aircraft Production Commission) Regulations; and

*Notified in the Commonwealth Gazette on 15th June, 1940.

3696.—Price 3d.

(i) the Supply and Development (Administration) Regulations (other than Part I. thereof);

(ii) the Supply and Development (Factories) Regulations; and

(iii) the Supply and Development (Staff) Regulations.

(2.) For the purposes of the administration by the Minister of the regulations specified in the last preceding sub-regulation—

(a) any reference in those regulations to the Minister or to the Minister of State for Supply and Development shall be read as a reference to the Minister of State for Munitions;

(b) any reference in those regulations to the Secretary or to the Secretary, Department of Supply and Development, shall be read as a reference to the Secretary, Department of Munitions;

(c) any reference in those regulations to the Department or to the Department of Supply and Development shall be read as a reference to the Department of Munitions; and

(d) any reference in those regulations to an employee shall include a reference to a person employed in pursuance of these Regulations.

Existing officers and employees.

5.—(1.) A person who, immediately prior to the commencement of these Regulations, was employed in the Department of Supply and Development and was deemed to have been engaged in pursuance of the Supply and Development Acts 1939, and who is a person or one of a class of persons specified for the purposes of this regulation by the Minister of State for Munitions and the Minister of State for Supply and Development by notice published in the Gazette, shall, by force of this regulation cease to be employed under that Act and shall be employed in the Department of Munitions and shall be deemed to have been engaged in pursuance of these Regulations

(2.) Immediately prior to the expiration of the operation of these Regulations, all persons who, at that time, are officers or employees of the Department of Munitions and are engaged, or are deemed to have been engaged, in pursuance of these Regulations shall, by force of these Regulations, become officers or employees, as the case may be, under the Supply and Development Acts 1939.

(3.) All officers and employees specified in this regulation shall preserve all their existing and accruing rights.

(4.) For the purposes of this regulation the expression “existing and accruing rights” in relation to any officer or employee means rights in respect of—

(a) leave on the ground of illness;

(b) long service leave or pay in lieu thereof (including pay to dependants on the death of the officer or employee);

(d) child endowment;

(e) in the case of a female officer or employee, payment on marriage,

to which, from time to time the officer or employee would be entitled if he had remained an officer or employee of the Department of Supply and Development or, as the case may be, if these Regulations had continued in force and he had remained an officer or employee of the Department of Munitions.

Director-General of Munitions.

6.—(1.) There shall be a Director-General of Munitions who shall have such powers as are prescribed by these Regulations.

(2.) The Director-General of Munitions shall not be subject to the Commonwealth Public Service Act 1922-1939.

General functions of Director-General.

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

(a) The operation and management of factories, workshops and undertakings concerned in the production of munitions;

(b) The acquisition by the Commonwealth and the establishment of factories and workshops for the purposes of producing munitions;

(d) The employment and training of technicians, workmen and others for that purpose.

Special powers of Director-General.

8. In the exercise of his functions under these Regulations, the Director-General of Munitions may, on behalf of the Commonwealth, and within the limits of available funds—

(a) make and vary contracts or agreements;

(b) employ such persons as are necessary;

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

(d) requisition or compulsorily acquire any property (other than land) which he thinks necessary, including exclusive rights or licences and privileges;

(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 property held in connexion with the manufacture or supply of munitions.

Special expenditure.

9. If at any time the Director-General of Munitions is of opinion that expenditure should be incurred immediately in connexion with the administration of these Regulations, he may incur such expenditure without the approval of the Minister, but the power conferred by this regulation shall not be exercised so that the liability which has not been approved or confirmed by the Minister exceeds Two hundred and fifty thousand pounds at any one time.

Delegation by Director-General.

10.—(1.) The Director-General of Munitions may, by writing under his hand delegate all or any of his powers and functions under these Regulations (except this power of delegation) so that the delegated powers or functions may be exercised by the delegate.

(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 Director-General of Munitions.

Conditions of employment.

11. A person employed under or in pursuance of these Regulations shall not be subject to the Commonwealth Public Service Act 1922-1939, but shall be engaged for such period and shall be subject to such conditions as are determined by order made by the Minister.

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

Overview

The National Security (Munitions) Regulations 1940 were made under the National Security Act 1939 and were designed to address the urgent need for the efficient production and supply of munitions during World War II. Enacted by the Commonwealth of Australia, these regulations aimed to streamline the administration and control of munitions production, ensuring that the country's war effort was adequately supported. The Minister of State for Munitions was given specific administrative responsibilities over various regulations, and the Department of Munitions was established to handle the manufacture, acquisition, provision, and supply of munitions. Additionally, the Director-General of Munitions was granted extensive powers to manage munitions production, including the authority to contract, employ personnel, and acquire necessary materials and property. These regulations ensured that the necessary resources were mobilised efficiently to meet the demands of the war effort.

Scope and Application

The National Security (Munitions) Regulations 1940 establish the framework for the management and oversight of munitions production within the Commonwealth of Australia. These regulations apply to the Department of Munitions and its officers and employees, who are responsible for the manufacture, acquisition, provision, and supply of munitions. The regulations also extend to factories and establishments purchased or established for munitions production. The Director-General of Munitions is vested with significant powers to manage munitions production, including the ability to make and vary contracts, employ personnel, requisition necessary property, and incur expenditure within certain limits. Notably, the Director-General is not bound by the Commonwealth Public Service Act 1922-1939, allowing for more flexible management of munitions production activities. The regulations also provide for the transition of existing officers and employees from the Department of Supply and Development to the Department of Munitions, ensuring continuity and preserving their existing rights.

Key Provisions

The National Security (Munitions) Regulations (No. 111, 1940) lay out the framework for the management and production of munitions within Australia during the specified period. These regulations, under the National Security Act 1939, define key roles and responsibilities, and establish the parameters within which the Department of Munitions operates. The Munitions Department, as defined in section 2, is responsible for the manufacture, acquisition, provision, and supply of munitions, including related materials and assets (section 3). This encompasses factories and establishments procured or established under the Supply and Development Acts 1939, as well as any other matters designated by the Governor-General. The Minister of State for Munitions is entrusted with the administration of various regulations pertaining to munitions, including specific sections of the Supply and Development Acts 1939, the National Security (Aircraft Production Commission) Regulations, and other related regulations (section 4). This includes the authority to make amendments to these regulations, such as substituting references to the Minister of State for Munitions for those of the Minister of State for Supply and Development (section 4(2)). Section 5 addresses the transition of employees from the Department of Supply and Development to the Department of Munitions, ensuring that these individuals retain their existing rights and entitlements during this transition. Furthermore, section 6 establishes the role of the Director-General of Munitions, who is vested with substantial powers to manage the production and supply of munitions, including the ability to make and vary contracts, employ personnel, requisition property, and incur expenditure within specified limits (section 8). These regulations impose significant obligations on the parties involved, particularly the Department of Munitions and the Director-General. The Department is tasked with managing the entire lifecycle of munitions production, from acquisition to supply, while the Director-General has broad powers to ensure efficient and effective operations. Section 7 delineates the Director-General’s responsibilities, which include the operation and management of munitions production facilities, securing necessary materials and equipment, and overseeing the employment and training of personnel. Section 10 further empowers the Director-General to delegate his functions, although such delegations are revocable and do not preclude the Director-General from exercising his powers directly. The regulations also establish potential consequences for non-compliance or breaches. While the specific offences, penalties, or consequences for breach are not explicitly detailed within the text provided, it is reasonable to infer that breaches of these regulations could result in legal repercussions. Given the critical nature of munitions production during wartime, any failure to comply with these regulations might be viewed seriously, potentially leading to both civil and criminal penalties. The ability of the Director-General to incur expenditure without ministerial approval, up to a limit of Two hundred and fifty thousand pounds (section 9), also implies a level of accountability and oversight to prevent misuse of funds. Furthermore, the establishment of specific roles and responsibilities, as well as the conditions of employment outlined in section 11, suggest a structured approach to managing and enforcing compliance within the Munitions Department.

Area of Law: National Security Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Delegation by Director-General; Regulatory Standards

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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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