Supply and Development (Administration) Regulations (Amendment)

Overview

The Statutory Rules 1943 No. 81, made under the Supply and Development Acts 1939, was enacted to address specific administrative issues regarding the procurement and purchasing powers of the Contract Board during wartime. This regulation was made by the Governor-General in and over the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The primary objective was to impose an additional layer of oversight on significant financial transactions by the Contract Board, ensuring that any tender or quotation exceeding Fifteen thousand pounds required ministerial approval before acceptance or purchase. This legislative measure aimed to provide greater control and accountability over substantial financial decisions made during the challenging period of World War II.

Scope and Application

The Statutory Rules 1943, No. 81, made under the Supply and Development Acts 1939, pertains to the modification of the Supply and Development (Administration) Regulations, specifically targeting the functions of the Contract Board. This regulation applies to the Contract Board, which is responsible for handling tenders and purchases within the framework established by the Acts. The scope of this regulation is particularly concerned with financial thresholds, dictating that the Contract Board cannot accept any tender or make any purchase exceeding Fifteen thousand pounds unless it has received prior approval from the Minister. This regulation is applicable across the Commonwealth of Australia, underscoring its national reach. There are no stated exclusions or exemptions within the provided text, and it does not specify whether further application is extended or restricted through subordinate instruments. The primary focus remains on ensuring that significant financial transactions are properly vetted and approved by the relevant ministerial authority.

Key Provisions

The Statutory Rules of 1943, No. 81, amends the Supply and Development (Administration) Regulations under the Supply and Development Acts 1939. Specifically, Regulation 29 is amended to require the Contract Board to obtain approval from the Minister before accepting any tender or quotation, or making any purchase, where the amount involved exceeds fifteen thousand pounds (s. 29). This change ensures that significant financial decisions are subject to ministerial oversight, thereby adding a layer of scrutiny to large procurement activities. The obligations imposed by this amendment on the Contract Board are clear and direct. They must refrain from accepting tenders or making purchases exceeding the specified amount without prior ministerial approval (s. 29). This requirement ensures accountability and transparency in large financial transactions, particularly during a period of war, where resources are tightly controlled and managed. Failure to comply with these provisions can lead to significant consequences. Although the regulation itself does not explicitly state penalties for non-compliance, breaches of such regulatory mandates can lead to civil or criminal liabilities under the overarching Supply and Development Acts 1939. These could include fines or other sanctions as deemed appropriate by the relevant authorities, reflecting the seriousness of ensuring that financial controls are not circumvented. The precise nature and extent of any penalties would be determined in the context of the broader legislative framework and any applicable case law.