National Security (Munitions) Regulations (Amendment)

Legislation au C1947L00098 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1947. No. 98.

 

REGULATIONS UNDER THE DEFENCE (TRANSITIONAL PROVISIONS) ACT 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 Defence (Transitional Provisions) Act 1946.

Dated this twenty-third day of July, 1947.

W.J. McKell

Governor-General.

By His Excellency’s Command,

for and on behalf of the Minister of State for Post-war Reconstruction.

———

Amendments of the National Security (Munitions) Regulations.†

Definitions.

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

(a) by inserting in the definition of “factory”, after the, word “building”, the words “, range, observation post”;

(b) by inserting after the definition of “factory” the following definition:—

“‘long range weapons’ means weapons capable of, or intended for, use in warfare which are controlled, directed or released in flight by external or internal means, or both, and includes prototypes used in the development of such weapons;”;

(c) by inserting in the definition of “munitions”, after the word “weapons”, the words “(including long range weapons)”; and

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

“(3.) In these Regulations, unless the contrary intention appears, any reference to production or supply shall, in relation to long range weapons, include a reference to the testing, modification, repair and maintenance of long range weapons.”.

 

* Notified in the Commonwealth Gazette on      , 1947.

† Being the Regulations having that title as in force under the Defence (Transitional Provisions) Act 1946. The Regulations under the National Security Act 1939-1946 having the corresponding title comprise Statutory Rules 1945, No. 84, as amended by Statutory Rules 1946, No. 175.

2554.—PRICE 3d.         10/25.6.1947.

 


2. After regulation 25 of the National Security (Munitions) Regulations the following regulations are added:—

Long Range Weapons Board of Administration.

“26.—(1.) Notwithstanding anything in these Regulations, there shall be a Long Range Weapons Board of Administration which shall consist of the following members, that is to say:—

Two representatives of the Department of Munitions;

Three representatives of the United Kingdom Ministry of Supply;

A representative of the Department of Defence;

A representative of the Department of the Navy;

A representative of the Department of the Army;

A representative of the Department of the Air; and

A representative of the Department of Works and Housing.

“(2.) The members of the Board shall be appointed by the Minister, and shall hold office during the pleasure of the Minister.

“(3.) The Controller-General and other members of any Board constituted under these Regulations shall be eligible for appointment to the Long Range Weapons Board of Administration.

“(4.) The Minister may appoint a person, in addition to the other members of the Board to be a temporary member of the Board for such a period as the Minister specifies.

“(5.) A temporary member of the Board shall have and may exercise all the functions of a member of the Board.

“(6.) The Minister or the Chairman of the Board may appoint persons to attend meetings of the Board in a consultative capacity.

Chairman of Board.

“27. (1.) The Minister shall appoint one of the representatives of the Department of Munitions to be Chairman, and one of the representatives of the United Kingdom Ministry of Supply to be Deputy Chairman, of the Board.

“(2.) The Chairman shall preside at meetings of the Board and, in the absence of the Chairman, the Deputy Chairman shall have and may exercise all the functions of the Chairman at a meeting of the Board.

Meetings of Board.

“28.—(1.) Meetings of the Board shall be summoned by the Chairman, or, in the absence of the Chairman, by the Deputy Chairman.

“(2.) Subject to these Regulations, the Board may make rules with respect to the order and conduct of the business at its meetings.

“(3.) Seven members of the Board shall form a quorum.

Functions of Board.

“29.—(1.) The Board shall have, and may exercise and perform, such powers, duties and functions in relation to the manufacture, production, supply, repair and maintenance of long range weapons as are vested in or conferred upon it by these Regulations or assigned to it by the Minister.

“(2.) Subject to these Regulations, the Board shall, in particular, be charged with the duty of—

(a) efficiently and economically conducting all factories in relation to the provision of long range weapons;

(b) the setting up of ranges and establishments in Australia for testing, and carrying out operations for the testing, of long range weapons;


(c) dealing with matters relating to the administration of such establishments which are not prescribed or which are not dealt with by instructions, given by the Minister; and

(d) dealing with matters concerning scientific research in relation to, and the technical development and design of, long range weapons and equipment for use in connexion therewith.

“(3.) Any powers, duties and functions which are vested in or conferred upon the Board by these Regulations or assigned to it by the Minister shall not be exercisable by the Board of Factory Administration or the Board of Aircraft Factory Administration.

“(4.) Any matter arising out of its functions which concerns the policy of the Government for the time being shall be referred by the Board to the Secretary for submission to the Minister.

Expenditure.

“30. The Board may incur expenditure within the limit of available funds upon—

(a) the purchase of raw materials, fuel and maintenance stores of all kinds;

(b) any services required in connexion with a factory established in relation to the provision of long range weapons;

(c) repairs to works, buildings, plant, machinery, furniture and fittings; and

(d) any new work, building, machinery, plant, furniture, fittings, roadway, railway or aerodrome where the cost does not exceed Ten thousand pounds.

Disposal of obsolete plant, &c.

“31.—(1.) The Board may dispose of condemned, unserviceable, obsolete or deficient stores or plant owned by the Commonwealth as provided in this regulation.

“(2.) If the original value of the stores or plant did not exceed Five hundred pounds, the Board may approve of the sale, disposal otherwise than by gift, or writing off of such stores or plant.

“(3.) If the original value of the stores or plant exceeded Five hundred pounds such stores or plant shall be written off or disposed of by sale or otherwise only with the written authority of the Minister.

“(4.) Notwithstanding anything contained in sub-regulations (2.) and (3.) of this regulation, in the case of deficient stores or plant the original value of which exceeded One hundred pounds, the concurrence of the Treasurer shall also be necessary to action under either of those sub-regulations.

“(5.) Where a deficiency in stores or plant is attributable to theft or fraud, any case in which the theft or fraud was committed by a permanent or temporary officer or employee shall be reported by the Board, through the Secretary to the Department, to the Auditor-General, and the Secretary to the Department shall forward a copy of the report to the Treasurer.

“(6.) The Board may approve of the taking on charge of excess plant or stores.


Delegation by Board.

“32.—(1.) The Board may, subject to any direction of the Minister, by writing under the hand of each member of the Board, delegate to any member of the Board any power or function of the Board so that the delegated power or function may be exercised or performed by the delegate in respect of the matters or class of matters specified or defined in the instrument of delegation as fully and effectually as by the Board.

“(2.) Any delegation under the last preceding sub-regulation shall be revocable by writing under the hand of the Minister, or of each member of the Board other than the delegate, and no delegation shall prevent the exercise or performance of any power or function by the Board.

References to ‘the Board.’

“33. Any reference in regulations 26 to 32 (inclusive) of these Regulations to ‘the Board’ shall be read as a reference to the Long Range Weapons Board of Administration.”.

 

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

Overview

The Statutory Rules 1947 No. 98, enacted under the Defence (Transitional Provisions) Act 1946, were introduced to facilitate the transition of defence operations and munitions management from wartime to peacetime. This legislative instrument was established by the Governor-General, acting with the advice of the Federal Executive Council, to amend the National Security (Munitions) Regulations, thereby ensuring the efficient and effective management of munitions, particularly long-range weapons, post-World War II. The overarching policy objective of these regulations was to streamline the administration, production, testing, modification, repair, and maintenance of long-range weapons, ensuring that such activities were conducted efficiently and economically while maintaining the security and integrity of munitions management within Australia.

Scope and Application

The Regulations under the Defence (Transitional Provisions) Act 1946, specifically amending the National Security (Munitions) Regulations, apply to the manufacture, production, supply, repair, and maintenance of long range weapons. These amendments establish the Long Range Weapons Board of Administration, which is responsible for overseeing these activities. The Board is composed of representatives from various departments, including the Department of Munitions, the United Kingdom Ministry of Supply, and other relevant Australian government departments. The Board is tasked with managing factories, setting up testing ranges, and handling administrative and scientific research matters related to long range weapons. The geographic scope of the Act is national, as it applies to activities across Australia. The Act does not explicitly state any exclusions or exemptions, but it does specify that the Board's functions are distinct from those of other administrative boards. The Board's authority to incur expenditure and dispose of obsolete plant is subject to financial thresholds and ministerial approval, particularly for assets valued over specific amounts. The Board can delegate its powers, but such delegations are revocable and do not prevent the Board from exercising its functions directly.

Key Provisions

The Regulations under the Defence (Transitional Provisions) Act 1946 amend the National Security (Munitions) Regulations to address the production, supply, testing, modification, repair, and maintenance of long range weapons. The definition of "factory" is expanded to include ranges and observation posts, while "long range weapons" are defined as weapons intended for warfare that are controlled, directed, or released in flight by external or internal means, including prototypes used in development (section 1). Additionally, any reference to production or supply in relation to long range weapons also includes testing, modification, repair, and maintenance (section 1(3)). These regulations impose specific obligations on the parties involved. A Long Range Weapons Board of Administration is established, comprising representatives from various departments including Munitions, Defence, Navy, Army, Air, Works, and Housing, as well as the United Kingdom Ministry of Supply (section 26). The Board's functions encompass managing factories, setting up testing ranges, handling administrative matters, and overseeing scientific research and technical development (section 29). The Board is also tasked with financial management, including the purchase of raw materials, repairs, and disposal of obsolete equipment, subject to certain monetary thresholds and ministerial approval (sections 30 and 31). The Board can delegate its powers to individual members, subject to the Minister's direction (section 32). Failure to comply with these regulations can lead to significant legal consequences. While specific offences and penalties are not detailed in the text, breaches of regulations governing munitions and weapons could result in criminal charges under the Defence (Transitional Provisions) Act 1946. Penalties for such breaches can include fines and imprisonment, the exact terms of which would be determined by the relevant courts based on the nature and severity of the offence. Additionally, any misappropriation of funds or theft related to munitions or long range weapons could also result in separate criminal charges under general theft and fraud laws.

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National Security Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Delegation by Board
Expenditure

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