Supply and Development Regulations

STATUTORY RULES.

1949. No.

REGULATIONS UNDER THE SUPPLY AND DEVELOPMENT ACT 1939-1948.*

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 1939-1948.

Governor-General.

By His Excellency’s Command,

SUPPLY AND DEVELOPMENT REGULATIONS.

Part I.—Preliminary.

Citation.

1. These Regulations may be cited as the Supply and Development Regulations.

Repeal.

2. The Regulations specified in the First Schedule to these Regulations are repealed.

Operation of Munitions Supply Regulations.

3. The Munitions Supply Regulations (being Statutory Rules 1936, No. 112, as amended by Statutory Rules 1936, No. 153, and 1937, No. 46) shall not have effect in relation to any matter to or in relation to which these Regulations apply.

Parts.

4. These Regulations are divided into Parts, as follows:—

Part I.—Preliminary. (Regulations 1-9.)

Part II.—Administration and Management. (Regulations 10-37.)

Division 1.—Central Administration. (Regulations 10-15.)

Division 2.—Authorities for Administration and Management. (Regulations 16-28.)

Division 3.—Contract Board. (Regulations 29-37.)

Part III.—Undertakings. (Regulations 38-79.)

Division 1.—Preliminary. (Regulation 38.)

Division 2.—Powers and Duties of Managers. (Regulations 39-44.)

* Notified in the Commonwealth Gazette on    , 1949.

5391.—Price 1s. 10/4.8.1949.

Division 3.—Engagement of Employees. (Regulations 45-49.)

Division 4.—Duties and Conduct of Employees. (Regulations 50-64.)

Part IV.—Minerals. (Regulations 80-86.)

Part V.—General. (Regulations 87-95.)

Definitions.

5. In these Regulations, unless the contrary intention appears—

Power of Minister to delegate.

6.—(1.) The Minister may, in relation to any matter or class of matters, by writing under his hand, delegate any of his powers and functions under these Regulations (except this power of delegation) so that the delegated powers and functions may be exercised by the delegate with respect to the matter or class of matter specified in the instrument of delegation as fully and effectually as by the Minister.

(2.) Every delegation under this regulation shall he revocable in writing at will and no delegation shall prevent the exercise of any power or function by the Minister.

Arrangement under section 9 of the Act.

7. The Minister shall have authority to establish, maintain and operate all such undertakings as he considers are necessary for the defence of the Commonwealth.

Powers of Minister.

8.—(1.) Where he considers it necessary or expedient in the interests of the defence of the Commonwealth, the Minister may—

(2.) Notice shall be given to any person who may be affected by the exercise of any power by the Minister under paragraphs (c), (d), (e) or (g) of the last preceding sub-regulation.

(3.) Any goods or war materiel delivered to or taken possession of by the Commonwealth in pursuance of paragraphs (d) or (e) of sub-regulation (1.) of this regulation shall by force of this regulation become the property of the Commonwealth.

(4.) Where any person suffers loss or damage by reason of anything done in pursuance of paragraphs (c), (d), (e) or (g) of sub-regulation (1.) of this regulation in relation to any goods, war materiel or property in which he has any legal or equitable interest, the Commonwealth shall be liable to pay to that person such compensation as is agreed upon between the Commonwealth and that person, or, in default of agreement, is determined by action against the Commonwealth in any court of competent jurisdiction.

Contracts for defence purposes.

9. The Minister may authorize the carrying out of such work at undertakings and the execution of such contracts and agreements as are necessary or expedient in the interests of defence.

Part II.—Administration and Management.

Division 1.—Central Administration.

Functions of Secretary.

10.—(1.) The Secretary to the Department shall be responsible for its general working, and for all the business thereof, and shall advise the Minister in all matters relating to the Department.

(2.) Advice and recommendations to the Minister by any Board or authority constituted under these Regulations, or by any officer or employee, shall be forwarded to the Secretary for submission to the Minister.

Power of Secretary to delegate.

11.—(1.) The Secretary may, in relation to any matter or class of matters, by writing under his hand, delegate any of his powers and functions under these Regulations (except this power of delegation) so that the delegated powers and functions may be exercised by the delegate with respect to the matter or class of matters specified in the instrument of delegation as fully and effectually as by the Secretary.

(2.) Every delegation under this regulation shall be revocable at will in writing and no delegation shall prevent the exercise of any power or function by the Secretary.

Engagement of employees.

12. The Secretary may engage persons in employment in pursuance of section 10 of the Act.

Accounting practice

13. Subject to the Audit Act 1901-1948 and the regulations made thereunder, the Secretary shall be responsible for and determine the accounting methods and practice to be adopted and observed by all officers in relation to the accounts and business of the Department, the Boards and the undertakings established or deemed to have been established under the Act.

Functions of Controller-General.

14. The Controller-General shall be responsible for the technical direction of such classes of undertakings as the Minister directs.

Functions of Chief Scientist.

15. The Chief Scientist shall be responsible for the scientific direction of such classes of undertakings as the Minister directs.

Division 2.—Authorities for Administration and Management.

Boards of Administration.

16.—(1.) There shall be Boards for the administration and management of the classes of undertakings set out in the following table as appears respectively opposite the names of those Boards:—

(2.) The Minister shall determine the undertakings which shall be included in each of the classes of undertakings specified in the last preceding sub-regulation.

Power to appoint Administrators.

17.—(1.) The Minister may appoint a person to be the Administrator of such undertakings as the Minister determines.

(2.) The Administrator shall have and exercise and perform such powers, duties and functions in relation to the undertakings administered by him as are vested in, or conferred upon, a Board appointed under the last preceding regulation.

Constitution of Boards.

18.—(1.) A Board shall consist of not less than five members (one of whom shall be Chairman and another Finance Member) who shall be appointed by, and hold office during the pleasure of, the Minister.

(2.) The Minister may appoint to a Board additional or temporary members who shall hold office during the pleasure of the Minister.

(3.) An additional or temporary member shall have and may exercise all the functions of a member of the Board.

(4.) There shall be payable to members of Boards, including additional and temporary members, such fees and allowances as the Minister determines.

(5.) A person shall be eligible for appointment to one or more Boards.

(6.) The Minister may appoint a member of a Board to be Executive Member of that Board, and, subject to the directions of the Board, that member shall exercise the executive authority of the Board.

Chairman.

19.—(1.) The Chairman shall preside at meetings of a Board.

(2.) The Minister may appoint a member of a Board to be Deputy Chairman and, in the absence of the Chairman, the Deputy Chairman shall have and may exercise all the functions of Chairman.

(3.) In the event of the absence of both the Chairman and Deputy Chairman from any meeting of a Board, the members present shall appoint one of their number to preside at that meeting.

Secretary to a Board.

20.—(1.) The Secretary to the Department shall appoint an officer of the Department to be Secretary to a Board.

(2.) The Secretary to a Board shall keep a record of the proceedings of the Board.

Meetings of Board.

21.—(1.) Meetings of a Board shall be summoned by the Chairman or, in the absence of the Chairman, by the Secretary to the Board:

Provided that the Minister may at any time convene a meeting of a Board.

(2.) Subject to these Regulations, a Board may make rules with respect to the order and conduct of the business at its meetings.

(3.) At any meeting of a Board—

for transaction of the business of the Board.

(4.) Questions shall be decided by a majority of votes of the members present and, in the event of an equality of votes, the presiding member shall have a casting vote.

Functions of Boards.

22.—(1.) A Board shall have and exercise and perform such powers, functions and duties in relation to the undertakings administered by it, including the maintenance and operation of undertakings, as are vested in or conferred upon it by these Regulations or assigned to it by the Minister.

(2.) Without affecting the generality of the last preceding sub-regulation, but subject to these Regulations, a Board shall, in. particular, be charged with—

(3.) The Board of Management for Research and Development shall, in addition to the powers, functions and duties specified in sub-regulation (2.) of this regulation, and subject to the directions of the Minister, be charged with—

(4.) The Australian Shipbuilding Board shall, in addition to the powers, functions and duties specified in sub-regulation (2.) of this regulation and subject to the directions of the Minister—

and other facilities required for the building, repair and maintenance of merchant ships and for any action incidental thereto ; and

(5.) Before incurring any expenditure, or undertaking any liability involving expense, in respect of a project or order for ship construction, or in respect of any other large project or order, the Australian Shipbuilding Board shall submit the proposed project or order for the approval of the Minister.

(6.) Agreements entered into by the Australian Shipbuilding Board in pursuance of this regulation shall be in the name of the Commonwealth and may be signed for and on behalf of the Commonwealth by—

Matters of policy.

23. Any matter arising out of the functions of a Board which affects the policy of the Government for the time being shall be referred by that Board to the Secretary for submission to the Minister.

Power to incur expenditure.

24. A Board may, in relation to the undertakings administered by it, incur expenditure, within the limit of available funds, upon—

Unserviceable stores or plant.

25. A Board may approve of the sale, disposal otherwise than by gift, or writing off of condemned, unserviceable, or obsolete stores or plant owned by the Commonwealth, the original value of which in the aggregate did. not exceed Five hundred pounds.

Deficient stores or plant.

26.—(1.) A Board may write off deficient stores or plant owned by the Commonwealth the original value of which in the aggregate did not exceed One hundred pounds.

(2.) Where a deficiency in stores or plant is attributable to theft or fraud, any case in which the theft or fraud was committed by an officer or employee shall be reported by the Board, through the Secretary to the Department, to the Auditor-General, and the Secretary to the Department shall forward a copy of the report to the Treasurer.

Excess plant or stores.

27. A Board may approve of the taking on charge of excess plant or goods.

Power of a Board to delegate.

28.—(1.) Subject to the approval of the Minister, a Board may, in relation to any matter or class of matters, by writing under the hand of each member of the Board, delegate any of its powers and functions under those Regulations (except this power of delegation) to any member of the Board or to any officer or employee of the Commonwealth so that the delegated powers and functions may be exercised by the delegate with respect to the matter or class of matters specified in the instrument of delegation as fully and effectually as by the Board.

(2.) Every delegation under this regulation shall be revocable at will in writing under the hand of the Minister, or of each member of the Board (other than the delegate, if he be a member of the Board) and no delegation shall prevent the exercise of any power or function by the Board.

Division 3.—Contract Board.

Constitution of Contract Board.

29.—(1.) There shall be a Contract Board which shall be constituted as provided by this regulation.

(2.) The members of the Contract Board shall be appointed by, and hold office during the pleasure of, the Minister.

(3.) The Minister shall appoint one of the members of the Contract Board to be Chairman of the Board.

(4.) The following persons, if approved by the Minister, shall be members of the Contract Board—

A person nominated by the Department of the Navy ;

A person nominated by the Department of the Army ;

A person nominated by the Department of Air ; and

A person or persons nominated by the Secretary.

(5.) The Minister may appoint a person to be a temporary member of the Contract Board for a specified period and during the term of his appointment a person so appointed shall have and may exercise all the functions of a member of the Board.

(6.) The Minister may appoint a member of the Contract Board to be Executive Member of the Board, and subject to the directions of the Board, that member shall exercise the executive authority of the Board.

Secretary to Contract Board.

30.—(1.) The Secretary to the Department shall appoint an officer of the Department to be Secretary to the Contract Board.

(2.) The Secretary to the Contract Board shall keep a record of the proceedings of the Board.

Chairman and Deputy Chairman.

31.—(1.) The Chairman shall preside at meetings of the Contract Board.

(2.) The Minister may appoint a member of the Contract Board to be Deputy Chairman and, in the absence of the Chairman, the Deputy Chairman shall have and may exercise all the functions of Chairman.

(3.) In the event of the absence of both the Chairman and Deputy Chairman from any meeting of the Contract Board, the members present shall appoint one of their number to preside at that meeting.

Meetings of Contract Board.

32.—(1.) Meetings of the Contract Board shall be convened by the Chairman or, in his absence, by the Secretary of the Contract Board :

Provided that the Minister may at any time convene a meeting of the Board.

(2.) Subject to these Regulations, the Contract Board may make rules with respect to the order and conduct of the business at its meetings.

(3.) Three members of the Contract Board shall constitute a quorum for the transaction of the business of the Board.

(4.) Questions shall be decided by a majority of votes of the members present and, in the event of an equality of votes, the presiding member shall have a casting vote.

Functions of Contract Board.

33.—(1.) The Contract Board shall be charged with the duty of arranging for the performance of services and the purchase of supplies including foodstuffs for the Naval, Military and Air Forces and for the Department, except as otherwise determined and directed by the Minister.

(2.) On receipt of a contract demand which has been approved by the proper authority, the Contract Board shall arrange by inviting public tenders, or by quotation or otherwise, for the performance of services or the purchase of war materiel and supplies including foodstuffs :

Provided that the Contract Board shall not accept any tender or quotation or make any purchase where the amount involved exceeds Ten thousand pounds unless and until the Minister has approved of the acceptance or purchase.

(3.) The Contract Board shall be charged with the sale or disposal by public auction, by public tender or quotation, by treaty or by other means approved by the Minister, at such prices as the Contract Board decides arc fair and reasonable and in the public interest, of all surplus or unserviceable property including buildings, war materiel, goods and things as are approved by any competent authority for disposal.

(4.) Subject to the approval of the Minister, the Contract Board may direct District Contract Boards as to the manner in which and the extent to which purchases and services may be arranged and property disposed of within the limits of their respective States or Territories.

Contracts.

34. Contracts duly authorized in pursuance of this Division shall be in the name of the Commonwealth and shall be signed for and on behalf of the Commonwealth by—

Delegation of powers.

35.—(1.) Subject to the approval of the Minister, the Contract Board may, in relation to any matter or class of matters, by writing under the hand of each member of the Contract Board, delegate any of its powers and functions under these Regulations (except this power of delegation) to any member of the Contract Board or to any person employed by the Commonwealth or to a District Contract Board so

that the delegated powers and functions may be exercised by the delegate with respect to the matter or class of matters specified in the instrument of delegation as fully and effectually as by the Contract Board.

(2.) Every delegation under this regulation shall be revocable at will in writing under the hand of the Minister or of each member of the Board (other than the delegate, if he be a member of the Board), and no delegation shall prevent the exercise of any power or function by the Contract Board.

Matters of policy.

36. Matters connected with the acceptance of tenders, purchase of stores or disposal of property which affect the policy of the Government for the time being shall be referred to the Secretary for submission to the Minister.

District Contract Boards.

37.—(1.) The Minister may appoint in each State or Territory which is part of the Commonwealth a District Contract Board, consisting of not less than three members, one of whom shall be the Chairman, and another, the Deputy Chairman.

(2.) Subject to the approval of the Minister, the District Contract Board for any State or Territory which is part of the Commonwealth, or the Chairman thereof, or, in his absence, the Deputy Chairman thereof, may, if authorized in writing so to do by the Contract Board, exercise in that State or Territory any of the powers or functions of the Contract Board.

(3.) Any authority given under this regulation shall be revocable at will in writing and shall not prevent the exercise of any power or function by the Contract Board.

Part III.—Undertakings.

Division 1.—Preliminary.

Application of Regulations to officers.

38. The provisions of this Part, except such as arc specifically expressed so to apply, shall not apply to persons, the conditions of whose employment are prescribed by ‘the Commonwealth Public Service Act 1922-1948 and the regulations made thereunder.

Division 2.—Powers and Duties of Managers.

Appointment of Manager.

39.—(1.) For the purposes of this Bart, the Minister may approve of the appointment of a person to take charge of an undertaking or undertakings.

(2.) Subject to the control and direction of the Board, or the Administrator, as the case may be, the person appointed to take charge of an undertaking or undertakings shall have and exercise and perform the powers, functions and duties of a Manager under this Part.

Power to delegate.

40.—(1.) A person appointed in pursuance of the last preceding regulation may, in relation to any matter or class of matters, by writing under his hand, delegate any of his powers and functions under these Regulations (except this power of delegation) so that the delegated powers and functions may be exercised by the delegate with respect to the matter or class of matters specified in the instrument of delegation as fully and effectually as by that person.

(2.) Every delegation under this regulation shall be revocable in writing at will by the Board or the Administrator, as the case may be, or by the delegant, and no delegation shall prevent the exercise of any power or function by the delegant.

Responsibility of a Manager.

41. A Manager shall be responsible for the efficient, safe and economical working of any undertaking under his charge.

Functions of Manager.

42.—(1.) A Manager shall have authority in relation to any undertaking under his charge—

(2.) Before a Manager authorizes any expenditure of money, he shall satisfy himself that funds are available.

(3.) If a Manager considers that additions or repairs to the premises or plant of an undertaking are necessary and the estimated cost of the additions or repairs exceeds Two hundred pounds, be shall submit a proposal for the expenditure, together with a certificate that funds are available to the Board or the Administrator, as the case may be, for approval.

Exercise by Board or Administrator of functions of Manager.

43. Any power or function which by these Regulations is conferred on a Manager in relation to any undertaking or any employee in an undertaking may also be exercised or performed by the Board or the Administrator, as the case may be.

Annual report.

44. A Manager shall, before the thirtieth day of September of each year, submit to the Board or the Administrator, as the case may be, a report on the working of the undertaking or undertakings under his charge, together with a statement of accounts and balance-sheet.

Division 3.—Engagement of Employees.

Oath or affirmation of allegiance.

45.—(1.) A person shall not be engaged for employment under the Act unless be makes and subscribes an oath or affirmation in the form in the Second Schedule to these Regulations.

(2.) A person who is employed or deemed to be employed under the Act at the date of the commencement of these Regulations shall not be continued in that employment unless, when required by the Secretary so to do, he makes and subscribes an oath or affirmation in the form in the Second Schedule to these Regulations.

(3.) An oath or affirmation under this regulation may be administered by the Secretary or by any person authorized in writing by the Secretary to administer oaths and affirmations under this regulation.

Engagement and termination of employment.

46.—(1.) All employees shall be engaged by the day as temporary hands, and their engagement shall be terminable, without notice on either side, provided that an employee leaving or being discharged for any reason other than breach of regulations or rules shall give, or be entitled to receive, as the case may be, one week’s notice of termination of employment.

(2.) Employment as a temporary hand shall not establish a claim to permanent employment on the ground of length of service.

(3.) Any employee discharged before the hour of 4 p.m. shall be entitled to receive, on the same day, all wages due to him, provided that he has returned all Government property in his possession. If his discharge takes place after 4 p.m. he shall be paid as early as practicable after 9 a.m. on the following working day.

Appeal against dismissal.

47.—(1.) Notwithstanding anything contained in regulation 46 of these Regulations, where the services of a person—

are dispensed with on the ground that that person has been guilty of conduct which if he were an officer within the meaning of the Commonwealth Public Service Act 1922-1948 would have constituted an offence specified in sub-section (1.) of section 55 of that Act, that person shall be given written notice that his services have been so dispensed with and the notice shall specify the ground on which, and the date from which, his services are dispensed with.

(2.) A person whose services have been dispensed with in accordance with the last preceding sub-regulation may appeal, in such manner and within such time (not being less than seven days), as are prescribed in the case of appeals under section 82aa of the Commonwealth Public Service Act 1922-1948, against the decision, and the provisions of that section shall, subject to this regulation, apply mutatis mutandis in relation to an appeal under this regulation as if the appeal were an appeal under that section.

(3.) For the purposes of this regulation, an Appeal Board shall consist of—

Discharge of employees on attaining the age of 65 years.

48. An employee shall be discharged on his attaining the age of sixty-five year s:

Provided that the Secretary may, in exceptional circumstances, permit the employee to continue in employment for a fixed time not exceeding twelve months.

Limitation of liability.

49. Where a payment has been made which purports to be a payment of the wages payable to the employee for any period, the Commonwealth shall not be liable to pay the employee any further sums prescribed in any industrial award, order, determination or agreement in respect of any services rendered to the Commonwealth during such period unless within a period of three months after the last day of such period a demand in writing has been given to the Manager by the employee, by some person on his behalf, or by the local representative of the claimant organization, and, if the claim is not admitted by the Manager, unless proceedings to recover the amount claimed are taken within twelve months after the date of the claim.

Division 4.—Duties and Conduct of Employees.

Acquaintance with Regulations.

50. All employees shall acquaint themselves with the provisions of these Regulations.

Applications—how to be made.

51.—(1.) The application of an employee upon any matter affecting his position shall be made by the applicant through the head of his branch to the Manager.

(2.) Where in exceptional cases an employee desires to communicate with the Board, the Administrator or the Secretary, the communication shall be so addressed, and shall be forwarded through the Manager to the Board, the Administrator or the Secretary, with any remarks considered necessary by the Manager.

Subordination of employees.

52.—(1.) An employee shall comply with all rules and instructions issued by competent authority in relation to or applicable to the undertaking at which he is employed.

(2.) An employee shall obey promptly all instructions given to him by the person under whose immediate control or supervision ho is placed and promptly and efficiently carry out all duties allotted to him.

(3.) If an employee considers ho has ground for complaint arising out of such instructions, or from any other cause whatsoever, he may appeal in regard thereto, through his immediate superior, who shall forward such appeal forthwith to the Manager ; but until such instructions are countermanded by competent authority, ho shall, as far as possible, carry out the instructions given to him.

Obligations of senior employees.

53. An employee in charge of any sub-department, branch, or minor division of an undertaking shall be responsible for the maintenance of good order, and shall afford the utmost aid and support to the Manager.

Breach of regulations to be reported.

54. An employee in charge of any sub-department, branch, or minor division of an undertaking shall report to the Manager any breaches of regulations or rules which come to his knowledge.

Insobriety.

55. Any employee in charges or sub-charge who observes at any time that any person under his supervision is unfit to perform his duties properly by reason of over-indulgence in intoxicating liquor or drugs, shall suspend such person from duty, and immediately report the matter to the Manager.

Information not to be given.

56. Except in the course of his official duty, or at the express direction or with the permission of the Manager, an employee shall not, directly or indirectly, divulge any information concerning the business of the Department or any undertaking or any matter which has come to his knowledge through his employment.

Outside influence.

57.—(1.) An employee shall not seek the influence or interest of any person in order to obtain promotion, removal or other advantage.

(2.) Any employee who considers that his claim for promotion or consideration has been overlooked may communicate with the Board in the manner prescribed by regulation 51 of these Regulations.

Performance of work outside Government Servire.

58.—(1.) Except with the express permission of the Secretary (which permission may at any time be withdrawn) after report by the Manager, an employee shall not—

(2.) Nothing contained in this regulation shall be deemed to prevent an employee from becoming a member or shareholder only of any incorporated company, or of any company or society of persons registered under any law in any State or elsewhere, unconnected with the manufacture or assembly of war materiel, but an employee- shall not take part in the conduct of the business of the company or society otherwise than by the exercise of his right to vote as a member or shareholder.

(3.) Notwithstanding anything contained in this regulation, an employee may, with the approval of the Secretary (which approval may at any time be withdrawn), after report by the Board, act as a director of a co-operative society which is registered under any law in any State or elsewhere and does not enter into contracts for the supply of goods or services to the Commonwealth.

(4.) An application by an employee for permission to engage in the performance of work outside the duties of his employment shall be made to the Manager, who shall forward the application, with his report, to the Board.

Technical experience

59.—(1.) A Manager may permit any person to attend at any undertaking for the purpose of gaining technical knowledge and experience, and any person so permitted to attend shall obey the directions of the Manager.

(2.) A Manager may at any time revoke any permit previously granted by him under this regulation.

(3.) Any person attending an undertaking in pursuance of a permit granted to him under this regulation shall not be entitled to any pay in respect of such attendance or of anything done by him in pursuance of any direction of the Manager, but may receive such grants, if any, as the Board thinks fit.

Quarters.

60. Where an employee is in occupation of Government quarters there shall be deducted from his salary or wages by way of rent such amount as the Board determines.

Public property.

61.—(1.) An employee shall be hold responsible for the careful use and preservation of all Government property in his possession, custody or care.

(2.) If any employee damages or defaces buildings or walls, or damages, defaces or loses machines, tools, materials, or any other property of the Government, the Manager may direct that the cost of making good the damage shall be deducted from the employee’s salary or wages.

Borrowing or tending money.

62. An employee shall not borrow money from an employee who is subordinate to him or either as principal or agent enter into any monetary transaction with another employee whereby any interest or other return in money or kind is charged or paid.

Judgment for debt.

63.—(1.) Where judgment has been given by any Court against an employee for the payment of a sum of money, the person in whose favour the judgment is given may serve on the Paying Officer a copy of the judgment, certified under the hand of the Registrar or other proper officer of the Court by which the judgment was delivered, and a statutory declaration stating that the judgment has not been satisfied by the judgment debtor, and setting out the amount duo by the judgment debtor under the judgment.

(2.) Upon the service upon him of a copy of a judgment and a statutory declaration in pursuance of this regulation, the Paying Officer shall as soon as practicable notify the judgment debtor in writing of the service of the copy of the judgment and the statutory declaration, and require him to state in writing, within a time to be specified

by the Paying Officer, whether the judgment has been satisfied, and, if so, to furnish evidence in support thereof, and, if the judgment has not been satisfied, to state the amount then due under the judgment.

(3.) If the employee fails to prove to the satisfaction of the Paying Officer, within the time specified by the Paying Officer, that the judgment has been satisfied, the Paying Officer may from time to time deduct from any moneys due to the employee such sums as are in his opinion necessary to enable the judgment to be satisfied, or may direct the deduction therefrom of such sums, and shall pay, or direct the payment of, those sums to the judgment creditor:

Provided that in no case shall a deduction be made which will reduce the amount to be received by the employee to less than Two pounds per week, or to less than one-third of the amount which would, but for the provisions of this regulation, be payable to the employee.

(4.) Where more than one judgment and statutory declaration are served upon the Paying Officer in respect of one judgment debtor, the judgments shall be satisfied in the order in which copies of the judgments are served upon the Paying Officer.

(5.) A payment made to a judgment creditor in pursuance of this regulation shall, as between the Commonwealth and the employee, be deemed to be a payment by the Commonwealth to the employee.

(6.) A person to whom any payment has been made in pursuance of this regulation shall notify the Paying Officer immediately a judgment debt in respect of which the payment was made is satisfied.

Penalty: Fifty pounds or imprisonment for three months.

(7.) If any payment made in pursuance of this regulation exceeds the amount due under the judgment, the excess shall be repayable by the judgment creditor to the judgment debtor, and, in default of payment, may be recovered by the judgment debtor from the judgment creditor in any Court of competent jurisdiction.

(8.) The foregoing provisions of this regulation shall not apply in relation to any employee whoso estate the Paying Officer is satisfied has been sequestrated either voluntarily or compulsorily for the benefit of his creditors, and who has not yet obtained a certificate of discharge.

(9.) In this regulation “ Paying Officer ” means such officer as the Secretary appoints as Paying Officer for the purposes of this regulation.

Conviction for an offence.

64.—(1.) Any employee who is on indictment or presentment convicted of any offence against the law of the Commonwealth or of a State or of a Territory of the Commonwealth shall be deemed to have forfeited his employment and shall thereupon cease to perform his duties.

(2.) Where the Secretary is satisfied that the offence did not involve dishonesty or moral turpitude on the part of the employee the Secretary may direct the employee’s reinstatement.

(3.) An employee who is deemed to have forfeited his employment in accordance with the provisions of this regulation shall not be entitled to any salary or wages in respect of any period after the date of his conviction, unless and until he is reinstated, in which case he shall be entitled to payment from the date of his reinstatement.

Division 5.—Rates of Remuneration and Conditions of Employment.

General provisions as to rates of remuneration and conditions of employment.

65.—(1.) Employees shall be paid at the rates and be employed under the conditions provided by any industrial award, order, determination or agreement which is applicable to them or the trade or calling in which they are engaged.

(2.) The provisions of the Commonwealth Public Service Regulations shall in so far as they are not inconsistent with the Act or these Regulations apply to an employee as if he were a person temporarily employed under the Commonwealth Public Service Act 1922-1948 :

Provided that, where in the Commonwealth Public Service Regulations it is prescribed that any action shall be taken by, or any power shall be vested in, the Public Service Board or other person or authority, that action shall be taken by, or that power shall be vested in, the Secretary.

(3.) For the purposes of this regulation, the Commonwealth Public Service Regulations shall be deemed to include the General Orders relating to those Regulations issued from time to time by the Public Service Board.

(4.) Where it appears to the Minister, having regard to the special nature of the work to be performed by any employee or class of employees, that these Regulations do not make adequate or appropriate provision for the remuneration or the conditions of employment of that employee or class of employees, the Minister may determine that the provisions of these Regulations shall apply to that employee or class of employees subject to such modifications, additions and exceptions as the Minister considers necessary.

(5.) Subject to these Regulations, the Minister may determine, in relation to any undertaking or any class of employees—

Regulations not to operate in contravention of section 27 (2.).

66. The provisions of these Regulations as to the terms and conditions of employment of persons engaged in employment in pursuance of these Regulations in their application in relation to any employee or class of employees shall be deemed not to include any provision which would operate in contravention of sub-section (2.) of section 27 of the Act.

Attendance.

67.—(1.) Employees shall record their time of entering or leaving the undertaking in such manner as the Manager determines.

(2.) An employee shall not fail to record his time on entering or leaving, and an employee shall not record the time of any other employee.

Late attendance.

68. Any employee who arrives at his work after the time fixed for commencing duty shall forfeit pay for such period as the Manager determines.

Absence from duty.

69.—(1.) An employee shall not absent himself from his work during working hours except by express permission of the Manager, unless he is on authorized leave or reasonable cause is shown.

(2.) Any employee who absents himself from his work in contravention of the last preceding sub-regulation shall forfeit pay for the period of his absence.

Illness or other emergency.

70. If an employee is prevented by illness or other emergency from attending for duty, he shall report the fact immediately through the head of the branch to the Manager.

Absence without leave.

71. Where an employee is absent without leave and fails to show reasonable cause for his absence, he shall forfeit his pay for each day or part of a day of such absence.

Leave of absence for illness or injury.

72.—(1.) Sick leave shall be granted to employees in accordance with the scale contained in the appropriate industrial award, order, determination or agreement.

(2.) Applications for leave of absence on the ground of illness, or due to any injury sustained in the discharge of duty, shall be supported by the certificate of a duly qualified medical practitioner; otherwise sick leave shall be without pay :

Provided that the Manager may grant leave of absence on the ground of illness, without production of a medicai certificate, to the extent of four days in the aggregate in. any twelve months, subject to any continuous period of leave so granted not exceeding two days.

(3.) Leave of absence in case of injury shall not be reckoned as or included in leave of absence for recreation.

Illness or injury caused through misconduct.

73.—(1.) If an employee suffers illness or injury caused through his own misconduct, be shall not be granted leave with pay in respect of any period of absence from duty on account of the illness or injury.

(2.) If the Manager has occasion for doubt as to the cause of the illness or injury or the reason for the absence, he may instruct an approved medical practitioner to visit and examine the employee, or may direct the employee to attend on the medical practitioner for examination.

Payment for holidays during leave.

74. The rate paid to an employee for public holidays during his absence on sick leave shall be the same as that allowed for the period of leave in which the holiday occurs.

Health of employee affected by toxic substances.

75. An employee, who is reported by a Commonwealth Medical Officer to need recuperative treatment owing to general debility arising out of contact on duty with toxic substances used in connexion with the work of the undertaking in which he is engaged, may be granted special leave of absence with full pay.

Prescribed holidays.

76.—(1.) In addition to the holidays prescribed in the appropriate industrial award, order, determination or agreement, the Minister may authorize additional days or half-days as holidays not exceeding in the whole four days in any one calendar year.

(2.) Notwithstanding the occurrence of any holiday, the Minister may require an undertaking or any part thereof to be kept open in the public interest for the whole or any portion of that holiday and may require the attendance and services of any employee during the whole or any portion of that holiday; but in that case that employee shall be granted an additional day’s pay or proportion thereof, as the case requires, provided that no proportion shall be less than one half-day’s pay.

(3.) An employee who is absent without leave on the day before or after a holiday shall not receive pay for the holiday.

Closing of undertaking.

77. In each year, at such time as the Minister approves, an undertaking may be closed down for a period of two weeks, but the Minister may require an undertaking or any part thereof to be kept open in the public interest for the whole or any portion of that period, and may require the attendance and services of any employee during the period.

Furlough.

78.—(1.) An employee who commenced employment in an under taking prior to the first day of November, 1923, shall have the same rights to furlough, leave of absence, or pay in lieu thereof as an officer of the Commonwealth Service has under the provisions of sections seventy-three and seventy-four of the Commonwealth Public Service Act 1922-1948 as if his employment under the regulations relating to Government Factories (Statutory Rules 1915, No. 141), the Munitions Supply Regulations 1923 (Statutory Rules 1923, No. 179) and the Munitions Supply Regulations 192G (Statutory Rules 1926, No. 210) were service within the meaning of that Act.

(2.) The power to grant furlough, leave of absence, or pay in lieu thereof under this regulation shall be exercised by the Minister.

Employees called as witnesses.

79.—(1.) An employee who is subpoenaed or called as a witness before any Court shall promptly notify the Manager.

(2.) An employee required as a witness on behalf of the Commonwealth shall not be entitled to receive any witness fee, but shall be granted leave with pay for the period of necessary absence, and in cases where the employee is required to travel he may be allowed his ordinary travelling allowance.

(3.) An employee who is subpoenaed or called as a witness on behalf of a State shall, as regards his attendance to give evidence, be deemed to be engaged in the performance of his official duties, and no witness fees (other than the expenses, if any, paid by the Commonwealth for his travelling allowances) shall be charged by or paid to him on account of his being so subpoenaed or called. Any amount received by the employee, otherwise than from the Commonwealth, in respect of travelling expenses shall be paid into the Consolidated Revenue Fund.

(4.) An employee who is subpoenaed or called as a witness in any other circumstances may be granted leave, but such leave shall be without pay, and any fees received as a witness may be retained by the employee.

Part IV.—Minerals.

Part to bind Crown.

80. This Part shall bind the Crown in right of the Commonwealth or of a State.

Control of minerals.

81.—(1.) If he considers it necessary in the interests of the defence of the Commonwealth so to do, the Minister may, by order published in the Gazette, prohibit, except with the authority of a licence granted by the Minister—

(2.) The Minister may grant a licence to any person and may, at any time, revoke a licence.

(3.) The Minister shall not refuse to grant a licence, and shall not revoke a licence, unless he considers it necessary to the defence of the Commonwealth so to do.

(4.) A licence may be subject to such terms and. conditions as the Minister considers to be required in the interests of the defence of the Commonwealth.

Power to obtain information.

82. The Minister may, by notice in writing served on. any person, require that person to furnish in writing in the manner and within the time or times specified in the notice a return or returns containing such particulars as are specified in the notice relating to—

Power to enter land.

83.—(1.) The Minister may, if he considers it desirable in the interests of the defence of the Commonwealth so to do, by writing under his hand, authorize any person to enter on any land specified in the writing on or under which the person so authorized has reasonable grounds to believe that any minerals may exist and the person so authorized may—

(2.) A person shall not obstruct or hinder any person so authorized in the exercise of any power under this regulation.

Penalty : Fifty pounds or imprisonment for three months, or both.

Compensation.

84. Where any person suffers loss or damage by reason of anything done in pursuance of regulations 81 or 83 of these Regulations in relation to any land or minerals in which he has any legal or equitable interest, the Commonwealth shall be liable to pay to that person such compensation as is agreed upon between the Commonwealth and that person or, in default of agreement, is determined by action against the Commonwealth in any court of competent jurisdiction.

Offence.

85. A person shall not refuse or fail to comply with any notice given to him or requirement made of him under this Part.

Penalty : Fifty pounds or imprisonment for three months, or both.

Rewards.

86.—(1.) The Minister may, if he considers it desirable in the interests of the defence of the Commonwealth so to do, authorize the grant of rewards to any persons or class of persons upon such terms and conditions as he thinks fit for the discovery of any minerals or any deposits of mineral ore.

(2.) The grant of any reward under this regulation shall ho in the absolute discretion of the Minister.

(3.) An action shall not be maintainable by any person in any court for the recovery or payment of any reward claimed by that person under this regulation.

Part V.—General.

Regulations to bind Crown.

87. Regulations 88, 89 and 90 of this Part shall bind the Crown in right of the Commonwealth or of a State.

Protection of persons and property.

88.—(1.) If in relation to any undertaking the Minister is satisfied that safety measures should be taken against risks arising from any operations of the undertaking or that measures should be taken for the protection of property of the Commonwealth, he may authorize the taking of such action as appears to him to be necessary or expedient for the protection of persons or property within the premises assigned to the undertaking.

(2.) The power of the Minister under this regulation shall include power to authorize any member of the police force of the Commonwealth or of a State or of a Territory which is part, of the Commonwealth any Peace Officer appointed under the Peace Officers Act 1925 or any person thereto appointed in writing by the Minister without warrant, to detain for the purposes of search, and to search, any person (including any officer or employee of the Commonwealth) entering or seeking to enter, or being within, the premises assigned to an undertaking, and any bag or other article in the possession of that person :

Provided that no female person shall be searched in pursuance of any such authorization except by a female person.

Entry upon and use of land.

89.—(1.) The Minister may authorize entry upon and the use on behalf of the Commonwealth of any area of land or water for the purposes of setting up, maintenance and conduct of undertakings, or for carrying out operations for the testing of war materiel.

(2.) Where any person suffers loss or damage by reason of anything done in pursuance of sub-regulation (1.) of this regulation in relation to any land or water in which he has any legal or equitable interest, the Commonwealth shall be liable to pay to that person such compensation as is agreed upon between the Commonwealth and that person, or, in default of agreement, is determined by action against the Commonwealth in any court of competent jurisdiction.

Prohibited areas.

90.—(1.) If it appears to the Minister that, with respect to any place used or intended to be used as or for the purposes of an undertaking or for carrying out operations for the testing of war materiel, it is necessary or expedient in the interests of the safety or defence of the Commonwealth that special precautions should be taken to prevent the entry of unauthorized persons into that place, he may, by notice

published in the Gazette, declare that place to be a prohibited area for the purposes of these Regulations and that place shall, until the notice is revoked, be a prohibited area for the purposes of those Regulations.

(2.) A person shall not enter, be or remain in a prohibited area except with the permission of an authority or person authorized by the Minister to give such permissions.

Penalty : Fifty pounds or imprisonment for three months, or both.

(3.) A permission under the last preceding sub-regulation may be given subject to such conditions (including conditions as to the conduct in the prohibited area of the person to whom the permission is given) as the authority or person giving the permission considers necessary for the protection of persons and property in the area and of official secrets, and a person shall comply with and observe every such condition which is applicable to him.

Penalty : Fifty pounds or imprisonment for three months, or both.

(4.) A person who enters, is or remains in a prohibited area in contravention of this regulation, or who fails to comply with or observe any condition applicable to him under the last preceding sub-regulation may, without prejudice to any proceedings which may be taken against him, be removed from the prohibited area by or under the direction of a constable or Commonwealth officer or person thereto authorized by the Minister.

(5.) Where, by reason of this regulation or of anything done in pursuance of this regulation, a person ordinarily resident in a prohibited area at the time when the area becomes a prohibited area suffers any loss, injury or damage in circumstances which, in the opinion of the Minister, entitle him to be compensated by the Commonwealth, he shall be paid by the Commonwealth such compensation as the Minister determines.

Smoking, &c., in protected place.

91.—(1.) A person shall not, without permission by the Manager of the undertaking—

in any protected place.

Penalty : Fifty pounds or imprisonment for three months, or both.

(2.) In this regulation, “ protected place ” means any part of the premises assigned to an undertaking which is declared by the Minister or the Manager of the undertaking, by notice in writing, to be a protected place for the purposes of this regulation.

Liability on behalf of the Government not to be incurred.

92. No person, unless duly authorized in that behalf, shall incur any liability or enter into any contract on behalf of the Government or alter the terms or conditions of any approved contract.

Penalty : Fifty pounds or imprisonment for three months, or both.

Contracts with Commonwealth.

93.—(1.) A contractor shall not fraudulently—

Penalty: Fifty pounds or imprisonment for three months, or both.

(2.) Without prejudice to any other action or proceedings, the Commonwealth or authority of the Commonwealth (as the case may be) may sue for and recover the value of any such property or any such charge or expenditure.

(3.) For the purposes of this regulation, “ contractor ” means a person who has entered into a contract with the Commonwealth or an authority of the Commonwealth for any purpose arising under the Act and includes any person subcontracting with, or employed by, any contractor and any person performing any work or service, or supplying any goods, necessary for the execution by the contractor of any such contract.

Applications for patents.

94. An officer or employee shall not, except with the consent in writing of the Minister, make an application for a patent for an invention made by him in the course of his employment or relating to any matter or work connected with his employment.

Saving.

95.—(1.) Any contract or agreement—

shall, subject to the next succeeding sub-regulation, continue in full force and effect.

(2.) Where a Board or authority of the Commonwealth is a party to any such contract or agreement and that Board or authority has ceased to exist, the Commonwealth shall be deemed to be substituted for that Board or authority as a party to the contract or agreement.

(3.) Where, immediately prior to the commencement of these Regulations, a Board or an authority of the Commonwealth constituted under any Regulations repealed by these Regulations was a party to an action or other proceeding and that Board or authority has ceased to exist, the Commonwealth shall be substituted for that Board or authority as a party to that action or proceeding.

(4.) Where, immediately prior to the commencement of these Regulations, property or assets were, under any Regulations repealed by these Regulations, vested in a Board or an authority of the Commonwealth and that Board or authority has ceased to exist, that property or those assets shall be deemed to be vested in the Commonwealth.

(5.) Every order, direction, declaration, rule, authority, delegation or other instrument made, given or conferred under the Regulations repealed by these Regulations and in force or subsisting immediately prior to the commencement of these Regulations shall, subject, to these Regulations, continue in force or subsist as if made under these Regulations until amended or revoked by competent authority.

THE SCHEDULES.

THE FIRST SCHEDULE.

Regulation 2.

National Security (Minerals) Regulations.

National Security (Munitions) Regulations.

National Security (Shipbuilding) Regulations.

Supply and Development (Administration) Regulations.

Supply and Development (Factories) Regulations.

Supply and Development (Long Range Weapons) Regulations.

Supply and Development (Staff) Regulations 1939.

Supply and Development (Staff) Regulations.

THE SECOND SCHEDULE.

Regulation 45.

Commonwealth of Australia.

Supply and Development Regulations.

Oath.

I,  , do swear that 1 will be faithful and bear true allegiance to the King, and will loyally as in duty bound uphold the Constitution of the Commonwealth of Australia established under the Crown of the United Kingdom. So help me, God!

Affirmation.

I,  , do solemnly and sincerely affirm and declare that I will be faithful and bear true allegiance to the King, and will loyally as in duty bound uphold the Constitution of the Commonwealth of Australia established under the Crown of the United Kingdom.

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