Supply and Development (Factories) Regulations 1939 (Amendment)

Overview

The Statutory Rules 1940, No. 277, under the Supply and Development Acts 1939, introduces amendments to the Supply and Development (Factories) Regulations to address safety concerns in factories during the Second World War. This legislative instrument was enacted by the Governor-General, acting on the advice of the Federal Executive Council, to provide specific regulations regarding the prohibition of smoking and the use of naked flames in designated areas within factories. The regulation aims to prevent potential hazards, such as fires, by imposing penalties for unauthorised smoking and the possession of items that could create open flames in prohibited areas within factories. This amendment was introduced to ensure the safety and security of factory operations during a period of heightened risk due to the war.

Scope and Application

The Supply and Development (Factories) Regulations, as amended by Statutory Rules 1940, No. 277, apply to any person who engages in specific activities within a factory without lawful authority. The activities in question include smoking tobacco, possessing materials used for smoking, lighting fires or procuring naked flames, and possessing articles used to create such flames within areas designated as prohibited by the factory manager. These regulations extend across the Commonwealth of Australia and impose penalties of up to fifty pounds, imprisonment for three months, or both for any violations. The scope of the regulation is limited to prohibited areas within factories, which are defined by written notice from the factory manager. The regulation does not specify exclusions, exemptions, or thresholds, and any further clarification or extension of its application would be determined through subordinate instruments or additional legislation.

Key Provisions

The main operative sections of this regulation, specifically section 33, address the prohibition of certain activities and possessions related to smoking tobacco and fire-starting materials in designated areas within factories. Section 33(1) stipulates that any person who smokes tobacco, is in possession of materials used for smoking, lights a fire, or possesses articles used to start a fire or flame in a prohibited area within a factory commits an offence. This section also defines a "prohibited area" as any part of a factory declared by the factory manager via a written notice. The obligations and requirements imposed by this regulation on individuals and entities operating within factories are clear and direct. Factory managers must identify and declare prohibited areas through written notices, thereby restricting activities that could potentially cause fires or explosions. Workers and visitors to the factory must adhere to these restrictions, avoiding the prohibited activities and possessions listed in section 33(1). The regulation emphasises safety and risk management within factory environments, ensuring that all persons comply with the specified rules to maintain a safe working environment. The regulation imposes specific consequences for breaches of its provisions. Section 33(1) indicates that any person found guilty of committing an offence under this section faces a penalty of fifty pounds, imprisonment for three months, or both. This dual penalty structure—both financial and custodial—ensures that violations are taken seriously and provides a deterrent against non-compliance. The regulation leaves no ambiguity regarding the seriousness of disregarding safety protocols within a factory setting.