National Security (Shipbuilding) Regulations

Legislation au C1941L00063 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1941. No. 63.

––––––

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 Minister of State for Defence Co-ordination.

––––––

National Security (Shipbuilding) Regulations.

Citation.

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

Incorporation.

2. These Regulations shall be incorporated and read as one with the National Security (Munitions) Regulations, as amended for the time being.

Administration.

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

Definitions.

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

“member” means a member of the Board and includes the Chairman, the Deputy Chairman, the Deputy Director of Shipbuilding and an acting member;

“the Board” means the Australian Shipbuilding Board constituted under these Regulations;

“the Chairman” means the Chairman of the Board;

“the Department” means the Department of Munitions;

“the Deputy Chairman” means the Deputy Chairman of the Board;

 

* Notified in the Commonwealth Gazette on , 1941.

1370.—15/25.3.1941.—Price 5d.


“the Director-General” means the Director-General of Munitions;

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

Constitution of Australian Shipbuilding Board.

5.—(1.) There shall be an Australian Shipbuilding Board which shall consist of—

(a) a person of business experience who shall be the Chairman of the Board;

(b) the Member of the Naval Board responsible for naval shipbuilding, who shall be the Deputy Chairman of the Board;

(c) a public accountant, who shall be called the “Finance Member”; and

(d) two other persons one of whom shall be a person representative of the employees engaged on shipbuilding.

(2.) The members of the Board (other than the member of the Naval Board responsible for naval shipbuilding) shall be appointed by the Minister and shall hold office during the pleasure of the Minister.

Expenses of members.

6. There shall be payable to the members of the Board such rates of travelling and other expenses as the Minister determines.

Deputies of members.

7. The Minister may appoint a person to act as the deputy of a member during the absence through illness or any other cause or during any suspension of the member and the deputy shall, while so acting, have and exercise all the powers and functions of the member.

Meetings of the Board.

8.—(1.) The Board shall meet at such times, not being less than once a fortnight, as the Chairman from time to time determines.

(2.) The Minister may at any time convene a special meeting of the Board.

(3.) At any meeting of the Board three members shall form a quorum.

(4.) All questions arising at any meeting of the Board shall be decided by a majority of the votes of the members present.

(5.) The Chairman or, in his absence, the Deputy Chairman shall preside at all meetings of the Board. In the event of the absence of both the Chairman and the Deputy Chairman from any meeting of the Board, the members present shall appoint one of their number to act as Chairman at that meeting.

(6.) The Board shall keep a record of its proceedings.

Director of Shipbuilding.

9.—(1.) There shall be a Director of Shipbuilding who shall be the member of the Naval Board responsible for the time being for naval shipbuilding.

(2.) The deputy of that member appointed under regulation 17 of these Regulations shall be the Deputy Director of Shipbuilding.

(3.) Subject to the directions of the Shipbuilding Board, the Director of Shipbuilding or, during his absence through illness or other cause, the Deputy Director of Shipbuilding, may exercise the executive authority of the Board.


Powers and functions of the Board.

10.—(1.) Subject to these Regulations and to the directions of the Minister, the Board shall be responsible for the building of merchant ships and other vessels (other than Naval vessels) and for the repair and maintenance of such ships and vessels.

(2.) Subject to these Regulations and, insofar as expenditure is involved, within the limits of available funds, the powers and functions of the Board shall be as follows:—

(a) To report to the Minister from time to time on the capacity of Australian industry to build merchant ships and of the equipment necessary for them;

(b) To control the building of all merchant ships and their repair and maintenance and, so far as may be necessary, to control all dockyards and other facilities required for such building, repair and maintenance;

(c) To make arrangements or enter into agreements for the building of merchant ships and for all action incidental thereto (including all preparations and facilities required for such building) ;

(d) To make arrangements or enter into agreements for the supply of engines, boilers and all other equipment for merchant ships and, at the request of the Naval Board, for the purposes of the Naval Board; and

(e) Such other powers and functions in relation to the building, repair and maintenance of merchant ships and to matters incidental thereto as are conferred or assigned by the Minister, the Naval Board or the Director-General.

(3.) Notwithstanding anything contained in this regulation, where in any case any expenditure necessary for the purposes of this regulation would exceed twenty-five thousand pounds, the Board shall refer the matter to the Director-General for the approval of the Minister.

 

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

Overview

The National Security (Shipbuilding) Regulations, enacted in 1941 under the National Security Act 1939-1940, were designed to address the urgent need to enhance Australia's shipbuilding capacity and maritime infrastructure in response to national security concerns during a period of global conflict. These regulations were made by the Governor-General in Council, under the authority of the Minister of State for Defence Co-ordination, aiming to streamline the administration and coordination of shipbuilding efforts. The primary policy objective was to ensure that the Australian shipbuilding industry could effectively support national defence requirements by establishing a dedicated Australian Shipbuilding Board with clearly defined roles and responsibilities, thereby facilitating efficient and effective oversight and execution of shipbuilding projects. The regulations established the Australian Shipbuilding Board, consisting of a Chairman, a Deputy Chairman, a Finance Member, and two other members, one of whom was to represent the shipbuilding workforce. This board was tasked with the responsibility of overseeing the construction and maintenance of merchant ships, excluding naval vessels, and was granted significant powers to control and manage these activities. These measures were intended to bolster Australia's maritime capabilities and ensure a steady supply of ships to meet both civilian and military needs during a critical time.

Scope and Application

The National Security (Shipbuilding) Regulations 1941, made under the National Security Act 1939-1940, establish the framework for the Australian Shipbuilding Board, its members, and their responsibilities in relation to the construction and maintenance of merchant ships. The regulations apply to the Board as constituted under the Act and include the Chairman, Deputy Chairman, Deputy Director of Shipbuilding, a public accountant, and a representative of shipbuilding employees. These members are appointed by the Minister of State for Munitions and are responsible for overseeing the shipbuilding industry to meet national security requirements. The regulations also extend to the administrative and financial aspects, such as the determination of expenses and the appointment of deputies. The scope of these regulations is limited to merchant ships and does not extend to naval vessels, which are overseen by the Naval Board. Additionally, the Board’s activities are subject to the approval of the Director-General and the Minister for any expenditure exceeding twenty-five thousand pounds. The regulations are administered nationally within the Commonwealth of Australia, and their provisions are incorporated with the National Security (Munitions) Regulations.

Key Provisions

The National Security (Shipbuilding) Regulations (C1941L00063) primarily establish the framework for the creation and operation of the Australian Shipbuilding Board. Regulation 5 outlines the constitution of the Board, which includes a Chairman, a Deputy Chairman who is a member of the Naval Board responsible for naval shipbuilding, a Finance Member who is a public accountant, and two additional members, one of whom represents the shipbuilding workforce. Regulations 6 and 7 provide for the compensation of Board members and the appointment of deputies in the absence of Board members, respectively. These Regulations impose several obligations on the parties involved. Regulation 8 details the operational procedures for the Board, including meeting frequency, quorum requirements, and voting procedures. The Minister of State for Munitions has the authority to convene special meetings and make final decisions on matters exceeding specific financial thresholds (Regulation 10(3)). Regulation 10 further delineates the powers and functions of the Board, emphasizing their responsibility for the construction and maintenance of merchant ships, excluding naval vessels, and the necessary control over shipbuilding facilities and agreements for equipment supply. Breaches of these Regulations may result in various legal consequences. Although the specific penalties are not detailed within the provided text, breaches of regulations under the National Security Act 1939-1940 can generally lead to both civil and criminal liabilities, depending on the nature and severity of the offence. Civil penalties may include fines, while criminal penalties can result in imprisonment, reflecting the critical nature of national security matters governed by these Regulations.

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