STATUTORY RULES.
1940. No. 224.
REGULATION UNDER THE SCIENCE AND INDUSTRY RESEARCH ACT 1920–1939.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Science and Industry Research Act 1920–1939.
Dated this eighth day of October, 1940.
GOWRIE
Governor-General.
By His Excellency’s Command,
HERBERT B. COLLETT
for Prime Minister.
Amendments of the Science and Industry Research Regulations.†
Regulation 7 of the Science and Industry Research Regulations is repealed and the following regulation inserted in its stead:—
“Powers of Council in regard to expenditure
7. The Council shall have power to expend, at its sole discretion, from moneys standing to the credit of the Science and Industry Investigation Trust Account—
(a) sums not exceeding Two hundred pounds in each case, on any matters or subjects of investigation or on apparatus connected with any work of the Council; and
(b) sums not exceeding One thousand pounds in each case, on any matters or subjects of investigation directly associated with the defence of the Commonwealth, or on any apparatus connected therewith, referred to the Council by the Secretary, Department of Defence Co-ordination, the Secretary, Department of Supply and Development or the Secretary, Department of Munitions, as the case may be, or initiated by the Council with the approval of the Minister,
for which provision has been made in the Estimates of Expenditure which have been passed by both Houses of the Parliament.”.
* Notified in the Commonwealth Gazette on 17th October, 1940.
† Statutory Rules 1926, No. 125, as amended by Statutory Rules 1927, Nos. 38 and 57; 1934, No. 41; 1936, No. 13: 1937, No. 3; 1938. No. 14: and 1939, Nos. 15, 45 and 83.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra,
5772.—Price 3d.
Overview
The Science and Industry Research Regulations 1940 were enacted as Statutory Rules in 1940 under the Science and Industry Research Act 1920–1939. This legislative instrument was introduced to amend the existing regulations governing the expenditure of the Science and Industry Investigation Trust Account, primarily to enhance the Council's flexibility in allocating funds for scientific investigations, particularly those associated with national defence during a time of heightened international tension. The regulations were made by the Governor-General in Council, as mandated by the Science and Industry Research Act, with the aim of ensuring that the Council could effectively manage its financial resources to support critical research initiatives. The specific policy objective was to allow for more discretionary spending on defence-related research, reflecting the national priority placed on scientific advancement in support of military preparedness.
Scope and Application
The Science and Industry Research Regulations, amended by Statutory Rules 1940, No. 224, pertain to the expenditure of funds from the Science and Industry Investigation Trust Account by the Council. These regulations apply to the Council's discretionary spending on matters of investigation, including apparatus connected with Council work or defence-related matters referred by specific government departments or initiated by the Council with ministerial approval. The regulation specifies the maximum amounts that can be spent on these activities, with a limit of Two hundred pounds for general investigative matters and One thousand pounds for defence-related investigations. This regulation serves to formalise the Council's financial powers and ensure that expenditures align with the Council's mandate and parliamentary approval.
These regulations extend across the Commonwealth of Australia, governing the Council's actions and financial decisions. The Council's powers to disburse funds are contingent upon the provision of these funds in the Estimates of Expenditure passed by the Parliament. The scope of these regulations is restricted to the financial management of the Council, and they do not extend to other areas of Council operations or activities not directly related to the specified investigative matters. Subordinate instruments may further refine the application of these regulations, but the primary focus remains on ensuring the Council's financial activities are within the prescribed limits and aligned with national interests, particularly in the context of defence.
Key Provisions
The key operative sections of this legislative instrument, specifically Regulation 7, grant the Council the authority to allocate funds from the Science and Industry Investigation Trust Account. Under Regulation 7(a), the Council may expend up to Two hundred pounds for any investigation or apparatus related to the Council's work. This is a relatively modest amount, intended for minor research activities or equipment. Under Regulation 7(b), the Council can allocate up to One thousand pounds for investigations directly linked to the defence of the Commonwealth, provided that these expenditures have been approved by relevant departmental secretaries or initiated by the Council with ministerial consent. This higher threshold is intended to support more substantial research efforts that are critical for national defence.
The obligations imposed by these regulations primarily concern the Council's financial management and decision-making processes. The Council must ensure that any expenditure under Regulation 7(a) does not exceed Two hundred pounds per case and is related to investigations or apparatus pertinent to its work. For expenditures under Regulation 7(b), the Council must confirm that the amount does not exceed One thousand pounds per case and that the research is directly associated with national defence. Additionally, any research under Regulation 7(b) must be either referred by the appropriate departmental secretaries or approved by the Minister, with prior inclusion in the approved Estimates of Expenditure. This dual oversight ensures that significant defence-related research is both necessary and properly funded.
The consequences of breaching these regulations primarily involve financial mismanagement and non-compliance with approved budgetary processes. If the Council exceeds the specified limits of Two hundred pounds for general investigations or One thousand pounds for defence-related research, it may face scrutiny and potential financial penalties. Furthermore, if the Council expends funds without adhering to the referral or ministerial approval processes outlined in Regulation 7(b), it risks not only financial repercussions but also potential legal consequences for misusing public funds. Although the specific penalties are not detailed in this legislative instrument, breaches of such regulations could lead to financial audits, legal actions, or other administrative consequences aimed at ensuring adherence to budgetary and approval protocols.