Supply and Development (Emergency Planning and Organization) Regulations 1939 (Amendment)

Legislation au C1939L00158 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1939. No. 158.

———

REGULATIONS UNDER THE SUPPLY AND DEVELOPMENT ACT 1939.*

WHEREAS by section 6 of the Supply and Development Act 1939 it is provided that, where, in the opinion of the Governor-General, it is necessary or desirable in the interests of the defence of the Commonwealth that information should be obtained in relation to industrial, commercial or other undertakings, or with respect to any goods, the regulations under that Act may require such persons or classes of persons, as are prescribed, to furnish, as prescribed, such information and particulars as are prescribed, with respect to those undertakings or goods:

And whereas I am of opinion that it is necessary in the interests of the defence of the Commonwealth that information should be obtained from traders in relation to their trading operations:

Now therefore 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 Supply and Development Act 1939.

Dated this twenty second day of November, 1939.

Governor-General.

By His Excellency’s Command,

Acting Minister of State for Supply and Development.

————

Amendments of the Supply and Development (Emergency Planning and Organization) Regulations.†

1. After regulation 3 of the Supply and Development (Emergency Planning and Organization) Regulations, the following regulation is added:—

Returns in relation to trading operations.

“4.—(1.) The Secretary may, by notice, require any trader to furnish a return in relation to his trading operations in accordance with Form B in the Schedule to these Regulations.

(2.) The notice may be either a notice given to the trader individually or a notice to traders or any class or description of traders generally; and such last mentioned notice shall be published in the Gazette and in such newspapers (if any) as the Secretary directs.”.

2. After Form A in the Schedule to the Supply and Development (Emergency Planning and Organization) Regulations, the following Form is added:—

* Notified in the Commonwealth Gazette on      , 1939.

† Statutory Rules 1939, No. 107.

6265.—10/6.11.1939.—Price 3d.


Form B.

Commonwealth of Australia.

DEPARTMENT OF SUPPLY AND DEVELOPMENT.

Space for Departmental use only.

Class...............

Traders’ Questionnaire.

 

Ex.

1

2

3

4

5

6

7

8

9

10

11

12

 

Serial No............

 

Under authority of the Commonwealth Supply and Development Act 1939, this Questionnaire must be completed and returned in the envelope provided not later than ........................................................to the Department of Supply and Development, 305 Collins-street, Melbourne, C.1. The accuracy of the replies must be certified to by the actual proprietor or, in the case of a Company, by the officers of the Company authorized by the Articles of Association to sign on behalf of the Company.

 

Where any person, firm or company owns or controls a store, warehouse or business in more than one State, a separate questionnaire must be completed in respect of each State.

 

All information given will be regarded as strictly confidential and will be used only for EMERGENCY PLANNING AND ORGANIZATION PURPOSES.

Where there is insufficient space for reply, use a separate sheet quoting Question Number.

 

1. Trading name of person, firm or company........................................

Address of head office......................................................

Address of store or warehouse to which reply relates................................

Telephone number:—Head office........................Store or warehouse.............................................

2. Describe briefly the nature of the business of the person, firm or company and the main classes of goods or merchandise in which the person, firm or company is trading............................................................................................................................................

.....................................................................

3. Distribution of all classes of goods within Australia during the year ended 30th June, 1939 (Total tonnage to be stated)—

Method by which transported.

Within or to—

Queensland.

New South Wales.

Victoria.

South Australia.

Western Australia.

Tasmania.

Road............

Rail............

Coastal shipping....

tons.

tons.

tons.

tons.

tons.

tons.

4. Transport Equipment owned by the person, firm or company, at the 31st October, 1939—

Item.

30 cwt. or under.

Over 30 cwt. and under 3 tons.

3 tons and under 5 tons.

5 tons or over.

(a) Motor trucks................

(b) Trailers...................

(c) Horse-drawn vehicles..........

(d) Horses....................

(e) Motor cars used in the business....

 

 

 

 

 

 

 

 

5. Principal materials, articles or commodities held in stock as at the 31st October, 1939—

Material, article, &c.

Unit of quantity.

Stock held at 31st October, 1939, in store, warehouse, or on consignment.

State whether Australian or imported.

Period this stock would last (in weeks).

Estimated annual stock requirements on the basis of the trader’s operations during the year ended 30th June, 1939.

State whether stocks of any particular articles are abnormally high or low.

(1)

(2)

(3)

(4)

(5)

(6)

(7)

I/We, the persons making this Return, declare that the particulars shown herein, both in this and the foregoing pages, are true and correct in every particular and disclose without reservation a true and complete statement.

Signed.............................

..........................

Date..........................

 

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

Overview

The Supply and Development Act 1939 was enacted to address the pressing need for comprehensive information regarding industrial, commercial, and other undertakings within Australia, particularly in the context of national defence. The Act was designed to facilitate the gathering of critical information about the nation's resources and capabilities to better prepare for and respond to potential threats. This legislation empowered the Governor-General to mandate specific information from traders and other relevant entities, ensuring that the Commonwealth had the necessary data to manage and coordinate its defence strategies effectively. The Act was enacted by the Parliament of Australia, reflecting a national policy objective to bolster the defence preparedness of the Commonwealth through meticulous and organised information collection.

Scope and Application

The Supply and Development (Emergency Planning and Organization) Regulations 1939, made under the Supply and Development Act 1939, apply to traders within Australia and require them to provide detailed information about their trading operations to the Department of Supply and Development. This information is intended for emergency planning and organisation purposes, particularly in the context of national defence. The regulations allow the Secretary to issue notices to individual traders or to classes of traders, with the latter being published in the Gazette and relevant newspapers. The scope of the regulation is broad, encompassing any trader, which can include individuals, partnerships, and companies, involved in commercial activities across various industries. The geographic reach of these regulations is nationwide, as they concern trading operations throughout Australia and include questions about the distribution of goods within each state and territory. There are no explicit exclusions or exemptions stated in the regulations; however, the scope of application may be further defined or restricted through subordinate instruments, which would provide more detailed guidance on specific industries or types of traders.

Key Provisions

The key provisions of the Supply and Development (Emergency Planning and Organization) Regulations 1939 (C1939L00158) pertain to the collection of information from traders regarding their trading operations. Specifically, regulation 4 (1) mandates that the Secretary can require any trader to furnish a return in relation to their trading operations as prescribed in Form B in the schedule to these Regulations (regulation 1). The notice to furnish such returns can be directed to individual traders or to any class or description of traders generally, with the latter to be published in the Gazette and in specified newspapers (regulation 4(2)). Form B, which is included in the schedule, outlines a detailed questionnaire to be completed by traders, requiring information on their trading names, addresses, nature of business, distribution of goods, transport equipment, and stock holdings. This information must be certified as accurate by the actual proprietor or appropriate company officers and is to be returned to the Department of Supply and Development by a specified date. The Act imposes obligations on traders to provide the required information as specified in the questionnaires. Traders must ensure that the information is accurate and complete, with certification from the appropriate person or authorised company officers. Additionally, if a trader owns or controls a store, warehouse, or business in more than one state, they must complete a separate questionnaire for each state. The information collected is to be used strictly for emergency planning and organisation purposes and is to be treated as confidential. Breaches of the requirements to furnish the necessary information and particulars as prescribed could lead to legal consequences. While the specific penalties for non-compliance are not detailed in the provided text, under the Supply and Development Act 1939, failure to comply with such regulations can generally result in fines and other penalties as determined by the relevant authorities. These penalties serve as a deterrent to non-compliance and ensure that the necessary information is obtained to support national defence and emergency planning efforts.

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