National Security (Munitions) Regulations (Amendment)

Legislation au C1946L00175 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1946. No. 175.

 

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939–1946.*

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 1939–1946.

Dated this fourth day of December, 1946.

HENRY

Governor-General.

By His Royal Highness’s Command,

J. ARMSTRONG

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

 

Amendments of the National Security (Munitions) Regulations.†

Definitions.

1. Regulation 6 of the National Security (Munitions) Regulations is amended—

(a) by inserting, before the definition of “factory”, the following definition:—

“‘aircraft’ includes aircraft parts, aircraft engines, airscrews, aircraft instruments, aircraft accessories, aeronautical equipment and any materials and components necessary for or incidental to the production of aircraft;”;

(b) by inserting in the definition of “munitions”, after the word “means”, the word “aircraft,”;

(c) by omitting from that definition the words “, but does not include aircraft”; and

(d) by adding at the end thereof the following sub-regulation:—

“(2.) In these Regulations, unless the contrary intention appears, any reference to production or supply shall, in relation to aircraft; include a reference to the repair and maintenance of aircraft.”.

Existing officers and employees.

2. Regulation 8 of the National Security (Munitions) Regulations is amended by inserting, after sub-regulation (2.), the following sub-regulation:—

“(2a.) All persons who, immediately prior to the first day of November, 1946, were employed under or in pursuance of the National Security (Aircraft Production) Regulations in the Department of Aircraft Production shall continue to be employed as if those persons had been employed in pursuance of regulation 12 of these Regulations.”.

* Notified in the Commonwealth Gazette on 5th December, 1946.

† Statutory Rules 1945, No. 64.

7289.—Price 3d.


Factories.

3. Regulation 9 of the National Security (Munitions) Regulations is amended by inserting, after sub-regulation (1.), the following sub-regulation:—

“(1a.) All factories which, immediately prior to the first day of November, 1946, were maintained in pursuance of the National Security (Aircraft Production) Regulations shall be deemed to have been established in pursuance of these Regulations”.

4. Regulation 13 of the National Security (Munitions) Regulations is repealed and the following regulation inserted in its stead:—

Continuance of contracts &c., relating to aircraft production.

“13. Any contract, lease, arrangement or agreement entered into for the purposes of Part III. of the Supply and Development Act 1939–1944, the National Security (Aircraft Production Commission) Regulations or the National Security (Aircraft Production) Regulations and in force immediately prior to the first day of November, 1946, shall not be affected by the repeal of the last-mentioned Regulations and shall continue in force as if the Minister were substituted as a party to any such contract, lease, arrangement or agreement in lieu of the Commonwealth, the General Manager of Aircraft Construction, the Aircraft Production Commission or the Director-General of Aircraft Production, as the case may be.”.

5. After regulation 24 of the National Security (Munitions) Regulations the following regulation is added:—

Board of Aircraft Factory Administration.

“25.—(1.) Notwithstanding anything in these Regulations, the Minister may appoint persons to constitute a Board of Aircraft Factory Administration.

(2.) The Controller-General and other members of the Board of Factory Administration shall be eligible for appointment to the Board of Aircraft Factory Administration.

(3.) The Minister may delegate and assign to the Board of Aircraft Factory Administration such powers, duties and functions in relation to the manufacture acquisition, provision, supply and maintenance of aircraft as the Minister determines and, in particular, may authorise that Board to deal with matters concerning scientific research in relation to, and the technical development and design of, aircraft and equipment for use in connexion therewith.

(4.) Any powers, duties and functions which are assigned by the Minister to the Board of Aircraft Factory Administration shall thereupon cease to be exercisable by the Board of Factory Administration.

(5.) Subject to the approval of the Minister, the Board of Aircraft Factory Administration may make rules with respect to procedure and the order and conduct of the business at its meetings.”.

Commencement.

6. These Regulations shall be deemed to have come into operation on the first day of November, 1946.

 

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

Overview

The Statutory Rules 1946 No. 175, made under the National Security Act 1939–1946, were introduced to address the need for streamlined and comprehensive regulations governing the production and supply of munitions, including aircraft, during a period of heightened national security concerns. Enacted by the Governor-General in Council, these regulations aimed to ensure a cohesive and effective transition from the specific aircraft production regulations to the broader munitions regulations. The policy objective was to maintain continuity in the production and supply chain for munitions, including aircraft, by ensuring that existing personnel, factories, and contracts remained operative under the new regulatory framework, thereby preventing any disruption to essential wartime production efforts.

Scope and Application

The Regulations under the National Security Act 1939–1946, as amended by Statutory Rules 1946, No. 175, pertain specifically to the production, supply, repair, and maintenance of aircraft. These Regulations apply to entities and individuals involved in aircraft manufacturing, including parts, engines, airscrews, instruments, accessories, aeronautical equipment, and components necessary for aircraft production. The Regulations cover existing officers and employees of the Department of Aircraft Production who continue their roles under the new regulations, as well as factories that were previously maintained under the National Security (Aircraft Production) Regulations and now fall under these amended munitions regulations. Additionally, any contracts, leases, arrangements, or agreements related to aircraft production prior to the repeal of certain regulations continue in force with the Minister substituted as a party. The Regulations also establish a Board of Aircraft Factory Administration, which has the authority to manage and oversee the manufacture, acquisition, provision, supply, and maintenance of aircraft, including scientific research and technical development related to aircraft and their equipment. These Regulations apply nationally across Australia as they are under the Commonwealth jurisdiction.

Key Provisions

The Regulations under the National Security Act 1939–1946 (C1946L00175) make several amendments to the National Security (Munitions) Regulations, particularly concerning the production and supply of aircraft. Regulation 6 introduces a new definition of "aircraft" (regulation 6(a)), which includes aircraft parts, engines, instruments, accessories, aeronautical equipment, and any materials and components necessary for aircraft production. The definition of "munitions" is expanded to include "aircraft" (regulation 6(b)), and it is clarified that references to production or supply, in relation to aircraft, include repair and maintenance (regulation 6(d)). Regulation 8 ensures that all personnel previously employed under the National Security (Aircraft Production) Regulations will continue their employment as if they were employed under the new regulations (regulation 8(2a)). The Regulations impose obligations on the parties involved in aircraft production. For instance, Regulation 9 deems all factories that were maintained under the previous regulations to have been established under the current regulations (regulation 9(1a)). Regulation 13 ensures that any contracts, leases, arrangements, or agreements related to aircraft production in force prior to 1 November 1946, continue to be valid with the Minister substituted as a party (regulation 13). Furthermore, Regulation 25 allows the Minister to appoint a Board of Aircraft Factory Administration, which can be delegated specific powers, duties, and functions related to aircraft manufacturing, acquisition, supply, maintenance, and technical development (regulation 25(1)-(5)). The Regulations do not explicitly outline specific offences, penalties, or consequences for breach within the text provided. However, given that these regulations are made under the National Security Act 1939–1946, any breach of these regulations could potentially lead to legal actions under the overarching Act, which may include fines or imprisonment. The severity of penalties would depend on the specific breach and the provisions of the National Security Act 1939–1946.

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