Supply and Development (Staff) Regulations 1939

Legislation au C1939L00099 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1939. No. 99.

 

REGULATIONS UNDER THE SUPPLY AND DEVELOPMENT ACT 1939.*

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 First day of September, 1939.

(SGD.) GOWRIE.

R. C. CASEY

Governor-General.

By His Excellency’s Command,

Minister of State for Supply and Development.

———

Supply and Development (Staff) Regulations 1939.

Citation,

1.—(1.) These Regulations may be cited as the Supply and Development (Staff) Regulations 1939.

(2.) The Civilian Staff Regulations, as deemed to be regulations made under the Supply and Development Act 1939, as amended by these Regulations may be cited as the Supply and Development (Staff) Regulations.

Commencement.

2. These Regulations shall be deemed to have come into operation on the first day of July, 1939.

Interpretation.

3. In these Regulations any reference to a regulation shall be read as a reference to a regulation contained in the Civilian Staff Regulations, as deemed to be regulations made under the Supply and Development Act 1939.

Definitions,

4. Regulation 2 is amended—

(a) by omitting the definition of “The Act” and inserting in its stead the following definition:—

“‘the Act’ means the Supply and Development Act 1939, and if that Act is at any time amended, includes the Act as so amended; ” ;

(b) by omitting from the definition of “Minister” the word “Defence” and inserting in its stead the words “ Supply and Development”; and

(c) by omitting the definitions of “Secretary”, “Chief Officer” and “Officer” and Inserting in their stead the following definitions:—

“ ‘Chief Officer’ means any officer authorized in writing by the Secretary to exercise the powers and functions of a Chief Officer for the purposes of these Regulations;

*Notified in the Commonwealth Gazette on , 1939.

3121.—8/6.9.1939.—Price 3d.


“ ‘employee’ means a person employed, or deemed to have been engaged in pursuance of the Act, in a temporary capacity in the Department, but does not include a person engaged by a manager of a factory;

“ ‘officer’ means a person employed, or deemed to have been engaged in pursuance of the Act, in a permanent capacity on the staff of a factory established or deemed to have been established under the Act, and includes a foreman;

“ ‘the Secretary’ means the Secretary of the Department of Supply and Development;”.

5. Regulation 4 is repealed and the following regulation inserted in its stead:—

Responsibility of Secretary.

“4.—(1.) The Secretary shall, subject to the regulations made or deemed to be regulations made under the Act, be responsible for the general control of officers and employees of the Department employed or deemed to have been engaged in pursuance of the Act, and shall advise the Minister on all matters relating thereto.

(2.) The Secretary may, with the approval of the Minister, delegate in writing to an officer all or 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 as fully and effectually as by the Secretary.

(3.) Any delegation under this regulation shall be revocable at will and shall not prevent the exercise of any power or function by the Secretary.”.

Powers and functions of Minister.

6. Regulations 5, 5a, 13, 64, 114, 117, 124, 125, 125a, 127 and 129 are amended by omitting the word “Governor-General” (wherever occurring) and inserting in its stead the word “Minister”.

Furlough.

7. Regulation 58 is amended by omitting the third proviso to sub-regulation (1.):

Provided that the amendment effected by this regulation shall not affect the existing and accruing rights of any officer or employee, in respect of furlough or pay in lieu thereof (including pay to dependants on the death of the officer or employee), acquired under the Civilian Staff Regulations.

Extended leave to officers not eligible for furlough.

8. Regulation 59 is amended by omitting the second proviso to sub-regulation (1.):

Provided that the amendment effected by this regulation shall not affect the existing and accruing right of any officer or employee, in respect of extended leave or pay in lieu thereof (including pay to dependants on the death of the officer or employee), acquired under the Civilian Staff Regulations.

Appointment of foreman in munitions establishment.

9. Regulation 126a is repealed.

 

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

Overview

The Supply and Development (Staff) Regulations 1939 were enacted by the Governor-General in Council under the Supply and Development Act 1939. These regulations were introduced to provide a structured framework for the management of staff within the Department of Supply and Development, ensuring that officers and employees were effectively governed and their rights protected. The primary objective of these regulations, as stated, was to ensure that the Secretary of the Department had control over the staff and could advise the Minister on related matters, while also providing mechanisms for delegation and revocation of powers. This was necessary to address the administrative needs of the Department during a period of significant national effort in supply and development, particularly in the context of World War II.

Scope and Application

The Supply and Development (Staff) Regulations 1939 apply to officers and employees who are employed or deemed to be engaged under the Supply and Development Act 1939, within the Department of Supply and Development. These regulations encompass individuals in both temporary and permanent capacities, excluding those engaged by factory managers. They cover a range of personnel including employees, officers, and foremen. These regulations apply nationally across the Commonwealth of Australia and are effective from the first day of July 1939. While the regulations cover various aspects of staff management, they do not affect existing rights of officers and employees concerning furlough or extended leave as stipulated in the Civilian Staff Regulations. The regulations also allow for the delegation of powers and functions by the Secretary to other officers, subject to ministerial approval, though such delegations are revocable at any time. This set of regulations serves to provide a framework for the management and administration of staff within the Department of Supply and Development, ensuring alignment with the overarching objectives of the Supply and Development Act 1939.

Key Provisions

The Supply and Development (Staff) Regulations 1939 set out the governance and administrative framework for the staff of the Department of Supply and Development under the Supply and Development Act 1939. These regulations include definitions of key terms such as "employee," "officer," and "Secretary" (sections 3, 4), and establish the roles and responsibilities of the Secretary and Minister in managing the staff (sections 4, 6). The Secretary is tasked with the general control of officers and employees, subject to the regulations, and may delegate powers to officers with ministerial approval (section 4). The Minister's powers are expanded to include various administrative functions previously attributed to the Governor-General (section 6). The obligations imposed by the regulations require the Secretary to oversee the staff and advise the Minister on related matters (section 4). The Secretary's role includes the ability to delegate specific powers and functions, provided these delegations can be revoked at any time (section 4). The Minister's expanded powers allow for more direct oversight and control over departmental operations. These provisions ensure that the Department of Supply and Development can operate efficiently within the legislative framework, while maintaining accountability and oversight through the Secretary and Minister. Offences or breaches of these regulations may not be explicitly outlined within the provided text, but they would typically fall under the general administrative and employment laws governing public service conduct in Australia. Non-compliance with these regulations could potentially lead to disciplinary actions against employees or officers, including termination of employment or other administrative penalties. The regulations aim to maintain a structured and accountable environment within the Department of Supply and Development, ensuring that all staff operate within the legal and administrative bounds set by the Act and these Regulations.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.