Supply and Development Act 1948

Legislation au C1948A00018 Not in force Act

Select Document

SUPPLY AND DEVELOPMENT.

No. 18 of 1948.

An Act to amend the Supply and Development Act 1939-1944.

[Assented to 18th May, 1948.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation

1.—(1.) This Act may be cited as the Supply and Development Act 1948.

(2.) The Supply and Development Act 1939-1944* is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Supply and Development Act 1939-1948.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Title.

3. The title of the Principal Act is amended by omitting the word “Munitions” and inserting in its stead the words “War Materiel”.

Parts.

4. Section three of the Principal Act is amended by omitting the words “Part III.—Aircraft Assembly.”.

Definitions.

5. Section four of the Principal Act is amended—

(a) by omitting the definitions of “factory” and “munitions”;

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

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

“‘undertaking’ means a building, depot, establishment, factory, laboratory, experimental station, magazine, range, observation post, store or works maintained or operated by or on behalf of the Commonwealth for the purposes of research, design or development in relation to war materiel or for the procurement, supply, manufacture, testing or storage of war materiel;”; and

(d) by adding at the end thereof the following definition:—

“‘war materiel’ means armaments, weapons (including long range weapons), ammunition, engines, magazines, aircraft, vehicles, merchant ships and other marine craft, equipment, supplies, baggage and other things needed in war and includes any goods, components, parts, accessories or plant necessary for, or incidental to the testing, development, production or supply of any of those things.”.

Functions of Department.

6.—(l.) Section five of the Principal Act is amended—

(a) by omitting from sub-section (1.) the words “shall be” and inserting in their stead the words “shall include”:

(b) by omitting from sub-section (1.) the word “munitions” (wherever occurring) and inserting in its stead the words “war materiel”;

(d) by inserting after paragraph (e) of sub-section (1.) the following word and paragraph:—

“; and (f) research, design and development in relation to war materiel.”; and

(e) by omitting sub-section (2.) and inserting the following sub-section in its stead:—

“(2.) The Governor-General may from time to time—

(a) add to or vary the matters to be administered by the Department; and

(b) determine the extent to which, or the conditions upon which, any matter may be administered by the Department.”.

(2.) The amendments effected by paragraphs (a) and (e) of the last preceding sub-section shall be deemed to have come into operation on the sixth day of April, One thousand nine hundred and forty-eight.

Information.

7. Section six of the Principal Act is amended by omitting from sub-section (1.) the word “undertakings” and inserting in its stead the word “activities”.

Powers of Governor-General in relation to undertakings.

8. Section nine of the Principal Act is amended by omitting the words “factories for or in relation to the provision or supply of munitions” and inserting in their stead the word “undertakings”.

Employment of persons in connexion with undertakings.

9. Section ten of the Principal Act is amended by omitting sub-section (1.) and inserting in its stead the following sub-section:—

“(1.) The Minister, any officer, or officer included in a class of officers, authorized in that behalf by the Minister, or any prescribed officer or any officer included in a prescribed class of officers, may engage persons in employment in connexion with any undertaking established, or deemed to have been established, by the Governor-General in pursuance of this Act, not being employment on work of such nature as the Public Service Board, constituted under the Commonwealth Public Service Act 1922-1947, directs shall be per formed by an officer or employee appointed or employed under that Act.”.

Existing officers and employees.

10.—(1.) Section eleven of the Principal Act is amended—

(a) by omitting sub-section (2.) and inserting in its stead the following sub-section:—

“(2.) A person who, immediately prior to the commencement of this sub-section, was employed in the Department of Munitions under or by virtue of the National Security (Munitions) Regulations or the National Security

(Shipbuilding) Regulations, and who is a person or one of a class of persons specified for the purpose of this sub-section by the Minister by notice published in the Gazette, shall, upon the date of the publication of the notice, cease to be employed in that Department, and shall be deemed to be employed under this Act.”; and

(b) by omitting from sub-section (4.) the words” or, as the case may be, if this Act had continued in force and he had remained an officer or employee of the Department.” and inserting in their stead the words “or the Department of Munitions, as the case may be.”.

(2.) The amendment effected by paragraph (a) of the last pre ceding sub-section shall be deemed to have come into operation on the sixth day of April, One thousand nine hundred and forty-eight.

Transfer of establishments.

11. Section twelve of the principal Act is amended by omitting sub-section (2.) and inserting in its stead the following sub-section:—

“(2.) All factories established or deemed to be established under the National Security (Munitions) Regulations, and operated or maintained under those Regulations immediately prior to the commencement of this sub-section, shall be deemed to have been established under this Act.”.

Continuance of existing Regulations.

12. Section thirteen of the Principal Act is amended—

(a) by inserting after sub-section (1.) the following sub-section :—

“(1a.) The National Security (Munitions) Regulations and the National Security (Shipbuilding) Regulations, as in force by virtue of the Defence (Transitional Provisions) Act 1946-1947 immediately prior to the commencement of this sub-section, shall cease to be in force by virtue of that Act and shall be in force by virtue of this Act.”; and

(b) by adding at the end thereof the following sub-section:—

“(3.) Any board established by, or appointed in pursuance of, any of the Regulations specified in sub-section (1a.) of this section shall, as constituted immediately prior to the commencement of this sub-section, be deemed to be a Board established by, or appointed in pursuance of, those Regulations as in force by virtue of this Act.”.

Repeal of Part III.

13. Part III. of the Principal Act is repealed.

Officers and employees to observe secrecy

14. Section twenty-five of the Principal Act is amended—

(a) by inserting after the word “committee” the words “or of a Board”; and

(b) by inserting after the word “Act,” (first occurring) the words “a person performing any duty or function in relation to any matter specified in or arising under this Act or any regulation made under, or in force by virtue of, this Act”.

15. After section twenty-five of the Principal Act the following section is inserted:—

Liability of officers and employees.

“25a.—(1.) An officer or employee of the Department, a member of a committee or of a Board constituted or deemed to be constituted under this Act or any regulation made under or in force by virtue of this Act, or a person engaged or employed to perform any duty or function in relation to any matter specified in, or arising under, this Act or any such regulation, shall not be under any liability, civil or criminal, in respect of any act or thing done by him in the course of his duty, unless it is shown that he acted negligently or without reasonable care in the doing of that act or thing.

“(2.) Nothing in this section shall prevent any claim being made, or any action or suit being brought, against the Commonwealth which could have been made or brought if this section had not been enacted.”.

Regulations.

16. Section twenty-seven of the Principal Act is amended—

(a) by omitting from paragraph (6) of sub-section (1.) the words “factories for or in relation to the provision or supply of munitions” and inserting in their stead the word “undertakings”;

(b) by inserting after that paragraph the following paragraphs:—

“(ba) the appointment of boards for the administration of undertakings established or deemed to be established in pursuance of this Act, and the powers and functions of any such board;

(bb) the taking of safety measures against risks arising from the operation of any undertakings;

(bc) the taking of measures in relation to any under taking for the protection of property of the Commonwealth including search of persons entering, or seeking to enter, or being within the premises assigned to any undertaking;

(bd) the entry upon and the use on behalf of the. Commonwealth of any area of land or water (including any area owned or held in right of the Commonwealth or of a State) for the purpose of any undertaking;

(be) the declaration as a prohibited area of any place. (including any place owned or held in right of the Commonwealth or of a State) used or intended to be used for the purpose of an undertaking and the prohibition of any person entering, being or remaining in the prohibited area without permission and the removal of any such person from the area;

(bf) the carrying out of such work and the making and execution of such contracts and agreements as are necessary or expedient in the interests of defence;

(bg) the requisitioning or compulsory acquisition of any minerals or other goods required for purposes of defence;

(bh) the building, repair and maintenance of merchant ships and the building, extension, operation, repair and maintenance of shipyards, dry-docking and repair facilities for merchant ships;

(bj) the payment of compensation for any loss, injury or damage suffered by any person by reason of anything done in pursuance of regulations providing for the matters specified in para graphs (bd), (be) and (bg) of this sub section;”; and

“(1a.) Regulations made under the last preceding sub-section may amend or repeal any regulations in force by virtue of this Act.”.

Duration of Act.

17. Section twenty-eight of the Principal Act is repealed.

Overview

The Supply and Development Act 1948 was enacted to amend the Supply and Development Act 1939-1944, addressing the need to update the legal framework for the management and supply of war materiel in the post-war era. Enacted by the Parliament of the Commonwealth of Australia, the Act aimed to streamline the administration of war materiel supply and development, reflecting changes in the national security context and the winding down of wartime activities. The policy objective was to ensure a smooth transition from wartime supply mechanisms to peacetime arrangements, maintaining the capacity for rapid mobilisation if required while also promoting efficiency and economy in peacetime operations. The Act introduced significant changes, including the renaming of the former Department of Munitions to a department focused on war materiel, thus broadening its scope to encompass research, design, and development in addition to procurement and supply. It also redefined key terms such as "war materiel" to reflect a wider range of items necessary for national defence. Furthermore, the Act aimed to provide legal clarity and continuity for existing employees and operations, ensuring that the transition from wartime to peacetime activities did not disrupt the ongoing supply and development efforts. The Act's provisions also sought to protect officers and employees from liability for actions taken in the course of their duties, subject to certain conditions.

Scope and Application

The Supply and Development Act 1948, which amends the Supply and Development Act 1939-1944, applies to the Commonwealth and its entities, specifically those involved in research, design, and development in relation to war materiel. The Act extends its scope to cover activities that involve the procurement, supply, manufacture, testing, or storage of war materiel, as well as any related research and development. This includes the establishment and management of various undertakings such as factories, laboratories, and other facilities. The Act's amendments redefine "munitions" to "war materiel," broadening the range of activities and materials under its purview. This encompasses armaments, weapons, ammunition, engines, aircraft, vehicles, ships, equipment, supplies, and other items necessary for war, including components and parts for their development and production. The Act provides the Governor-General with broad powers to administer these matters, including the ability to add or vary the scope of administered activities and to determine the conditions under which they are managed. The Act also includes provisions for the employment of personnel in connection with these undertakings and the transfer of existing staff from the Department of Munitions to the newly defined Department. The Act's regulations can further extend or restrict its application, allowing for the establishment of boards, safety measures, property protection, land and water use, and the declaration of prohibited areas, among other things.

Key Provisions

The Supply and Development Act 1948 (the "Act") makes significant amendments to the Supply and Development Act 1939-1944 (the "Principal Act"). The Act introduces several key provisions that alter the scope and operation of the Principal Act. Section 1 amends the title of the Principal Act to the Supply and Development Act 1939-1948, reflecting the changes made by the current Act. Section 4 removes the reference to aircraft assembly from Part III of the Principal Act. Section 5 introduces new definitions, including "long range weapons" and "war materiel," replacing the previous definitions of "factory" and "munitions." It also adds a new definition for "undertaking" to encompass various facilities related to war materiel. Section 6 expands the functions of the Department to include research, design, and development in relation to war materiel. Section 8 broadens the powers of the Governor-General concerning undertakings and Section 9 allows the Minister or authorized officers to engage personnel for undertakings, excluding certain types of work. The Act also addresses the transition of existing officers and employees from the Department of Munitions to the new Department under this Act, as outlined in Sections 10 and 11. The obligations imposed by the Act include ensuring that the Department's functions now encompass research, design, and development in relation to war materiel. It mandates the transfer of existing facilities and personnel from the Department of Munitions to the new Department. Furthermore, the Act requires officers and employees to observe secrecy in relation to matters specified in the Act or any regulations made under it, as amended in Section 14. Additionally, Section 16 expands the scope of regulations to cover a wider range of activities, including safety measures, property protection, land and water usage, and compensation for damages. Breaches of the obligations and requirements outlined in the Act can lead to civil or criminal consequences. Section 15a provides a measure of protection for officers and employees from liability for acts performed in the course of their duties, unless negligence or lack of reasonable care is demonstrated. However, this does not prevent claims against the Commonwealth itself. The Act also allows for the making of regulations that can impose penalties for non-compliance, although the specific penalties are not detailed within the Act itself and would be found in the regulations made under its authority. The maximum penalties for offences under the Act, if specified in the regulations, would vary depending on the nature and severity of the breach.

Area of Law: National Security Law
Instrument: Act
Concepts: Definitions & Interpretation; Repeal & Amendment; Regulatory Standards; Enforcement Powers

Interactions

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.

Legislation content

Overview

Scope and Application

Key Provisions

Legal classification tags

Interactions

Authorises

All Versions