National Security (Munitions) Regulations (Amendment)

Legislation au C1941L00064 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1941. No. 64.

––––––

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 sixth

day  March     , 1941.

Governor-General.

By His Excellency’s Command,

for Acting Minister of State for Defence Co-ordination.

———

Amendments of National Security (Munitions) Regulations.†

Definitions.

1. Regulation 2 of the National Security (Munitions) Regulations is amended by inserting in the definition of “munitions”, after the word “machines”, the words “, vessels, ships”.

Regulations to be administered by Minister.

2. Regulation 4 of the National Security (Munitions) Regulations is amended by omitting paragraph (d) of sub-regulation (2.) and inserting in its stead the following paragraph:—

(d) any reference in those regulations to an officer shall include a reference to an officer specified in the next succeeding regulation and any reference in those regulations to an employee shall include a reference to an employee so specified and to any person employed under these Regulations.”.

Existing officers and employees.

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 Regulation 5 of the National Security (Munitions) Regulations is repealed and the following regulation inserted in its stead:—

“5.—(1.) A person who, immediately prior to the commencement of these Regulations, was employed in the Department of Supply and Development and was engaged or 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

*Notified in the Commonwealth Gazette on      , 1941.

† Statutory Rules 1940, No. 111.

1202.—8/20.3.1041.—Price 3d.


regulation by the Minister of State for Munitions and the Minister of State for Supply and Development by notice in the Gazette, shall by force of this regulation be employed under that Act in the Department of Munitions.

“(2.) Notwithstanding anything contained in the notice published in the Gazette on the first day of August, 1940, under the regulation repealed by this regulation, the persons and the persons included in the classes of persons specified therein shall by force of this regulation be employed under the Supply and Development Acts 1939 in the Department of Munitions and shall, at all times since the publication of that notice be deemed to have been so employed.

“(3.) Immediately prior to the expiration of the operation of these Regulations all persons who, at that time, are officers or employees employed under the Supply and Development Acts 1939 in the Department of Munitions shall by force of those Regulations become officers or employees, as the case may be, of the Department of Supply and Development.”.

Special powers of Director-General.

4. Regulation 8 of the National Security (Munitions) Regulations is amended by inserting in paragraph (f), after the word “account”, the words “or write off”.

Conditions of employment.

5. Regulation 11 of the National Security (Munitions) Regulations is amended by omitting the words “determined by order made by the Minister” and inserting in their stead the words “prescribed under the Supply and Development Staff) Regulations, as amended for the time being.”

 

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

Overview

The Statutory Rules 1941, No. 64, are Regulations made under the National Security Act 1939-1940. These Regulations were enacted to address the evolving requirements of national security during a period of significant geopolitical tension and conflict. Enacted by the Governor-General in Council, the Regulations amend the National Security (Munitions) Regulations to enhance the administration of munitions and related activities, ensuring that the Department of Munitions operates effectively and efficiently within the framework of the Supply and Development Acts 1939. The policy objective of these amendments is to streamline the administration of munitions and ensure continuity of service for personnel involved in the supply and development efforts, thereby supporting the overarching aim of national security.

Scope and Application

The Regulations under the National Security Act 1939-1940 extend to munitions, including machines, vessels, and ships, and are administered by the Minister. They apply to persons and entities involved in the munitions industry, particularly those who were previously employed under the Supply and Development Acts 1939 and are now employed in the Department of Munitions. These Regulations cover a broad spectrum of conduct and transactions related to the control and management of munitions, impacting the munitions industry within the Commonwealth of Australia. The Regulations also extend to the Director-General, granting special powers to account for or write off munitions. The conditions of employment for individuals in the munitions sector are prescribed under the Supply and Development Staff Regulations. The application of these Regulations is not limited by specific geographic or jurisdictional boundaries within Australia, making them nationally applicable. There are no stated exclusions or exemptions in the text provided, suggesting that the Regulations apply comprehensively to their defined scope. The application may be further detailed or modified through subordinate instruments, as indicated by the reference to the Supply and Development Staff Regulations.

Key Provisions

The Regulations under the National Security Act 1939-1940 provide specific amendments to the National Security (Munitions) Regulations. For example, Regulation 2 amends the definition of “munitions” to include vessels and ships (Regulation 1). Regulation 4 modifies the reference to officers and employees within the regulations to include those specified by the Minister (Regulation 2). Regulation 5 reassigns personnel previously employed in the Department of Supply and Development to the Department of Munitions, effective from the date of the regulations, and ensures continuity of employment for those already assigned under the previous regulations (Regulation 3). Regulation 8 grants the Director-General special powers, including the ability to write off assets (Regulation 4). Lastly, Regulation 11 specifies that the conditions of employment for staff are to be prescribed under the Supply and Development Staff Regulations, as amended (Regulation 5). These regulations impose specific obligations on the personnel affected by the reassignments and amendments. For example, employees who were previously assigned to the Department of Supply and Development must now be considered employees of the Department of Munitions, with their previous employment status retroactively deemed to have been under the Supply and Development Acts 1939 (Regulation 3). The Director-General is granted special powers that include the ability to write off assets, which are not otherwise specified within the Munitions regulations (Regulation 4). Additionally, the conditions of employment for staff are to be determined by the Supply and Development Staff Regulations, as they are amended over time (Regulation 5). Violations or non-compliance with these regulations may lead to various legal consequences. Although the specific penalties for breaches are not detailed in the provided text, the National Security Act 1939-1940 and related regulations typically outline penalties for non-compliance, which could include fines or imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any additional legislative provisions applicable at the time.

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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.