Supply and Development Regulations (Amendment)

Overview

The Supply and Development Regulations 1962, enacted under the Supply and Development Act 1939-1948, were introduced to streamline and modernise the administrative processes for the establishment and management of government undertakings related to supply and development. These regulations were developed to address the need for clearer definitions, more efficient administrative structures, and better governance of public assets and facilities. Enacted by the Administrator of the Government of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, these regulations aim to enhance the effectiveness and accountability of the administrative boards overseeing these public undertakings. By amending and repealing certain provisions of the existing regulations, the new rules provide a more robust framework for the appointment and operation of Boards of Administration, ensuring that these bodies are better equipped to manage the complex tasks associated with public infrastructure and supply initiatives.

Scope and Application

The Supply and Development Regulations 1962, which amend the Supply and Development Regulations under the Supply and Development Act 1939-1948, apply to entities and individuals involved in undertakings established or deemed to be established under the Act, including merchant ships and shipyard facilities. The Regulations specifically pertain to the administrative structure and operations of boards appointed to manage these undertakings, as well as the roles and responsibilities of administrators and secretaries to these boards. The geographic scope of these Regulations is national, as they are issued under the authority of the Commonwealth of Australia. Notably, the Regulations refine the process for appointing boards and their secretaries, stipulate the quorum requirements for board meetings, and adjust procedures for the handling of unserviceable or deficient stores and plant. These Regulations do not explicitly state exclusions or thresholds but focus on the administrative framework for managing designated undertakings within the scope of the Supply and Development Act. Subordinate instruments may further extend or restrict the application of these Regulations.

Key Provisions

The Supply and Development Regulations 1962, under the Supply and Development Act 1939-1948, establish various administrative frameworks and procedures for undertakings established or deemed to be established under the Act. Section 1 specifies that the Regulations come into operation on 1st September 1962. Section 2 removes outdated definitions such as "the Australian Shipping Board" and "the Secretary" from the regulations. Section 3 introduces a new regulation for the appointment of a Board for the administration of an undertaking, requiring the Minister to specify the Board's name and the undertaking it administers. Section 4 amends Regulation 17 to clarify that the Minister can appoint an administrator for a Board. The Regulations impose several obligations on parties involved. For instance, Section 5 mandates the appointment of a Secretary for each Board by the Minister. The Secretary must be an officer of the Department, or of the Department of Shipping and Transport for certain undertakings, and is responsible for maintaining records of Board proceedings (Section 20). Section 6 sets the quorum for Board meetings, requiring a majority of Board members to be present. Section 7 removes previous sub-regulations that defined the functions of Boards, leaving the scope of their functions more flexible. Section 8 simplifies the process for dealing with unserviceable stores or plant by removing certain disposal methods. Section 9 removes a sub-regulation that previously outlined procedures for deficient stores or plant. The Regulations do not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches. However, breaches of regulations established under the Supply and Development Act 1939-1948 could potentially lead to administrative penalties, enforcement actions, or other legal consequences as outlined in the principal Act. The exact nature and severity of these consequences would depend on the specific breach and the provisions of the Supply and Development Act.