{"id":"C1942L00142","name":"National Security (Timber Control) Regulations","slug":"national-security-timber-control-regulations","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"142 of 1942","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":22657,"registerId":"commonwealth-C1942L00142-current","compilationNumber":null,"startDate":"2026-04-01","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"National Security (Timber Control) Regulations","content":"STATUTORY RULES.\n\n1942\\. No. 142.\n\n–––––––––\n\nREGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.\\*\n\nI, 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 National Security Act 1939-1940.\n\nDated this twenty third day of March, 1942.\n\n(SGD.) GOWRIE.\n\nGovernor-General.\n\nBy His Excellency’s Command,\n\n![Signed for and on behalf of the Minister of State for Defence Co-ordination](image.001.jpeg)\n\nfor and on behalf of the Minister of State for Defence Co-ordination.\n\nNational Security (Timber Control) Regulations.\n\nCitation.\n\n1. These Regulations may be cited as the National Security (Timber Control) Regulations.\n\nAdministration.\n\n2. These Regulations shall be administered by the Minister of State for Munitions.\n\nObjects.\n\n3. The objects of these Regulations are to secure that, for all purposes arising out of the war in which His Majesty is engaged, an adequate supply of timber is maintained, and to that end to set up an authority to govern and direct the production, treatment, handling, sale, supply, movement, distribution, storage, marketing, and consumption of timber, and these Regulations shall be administered accordingly.\n\nDefinitions.\n\n4. In these Regulations, unless the contrary intention appears—\n\n“owner” includes, in relation to timber, any person who is in possession of, or entitled to possession of, timber or who has an interest in any timber or who has a licence or a permit to take or obtain any timber in any form whatsoever and includes any person in possession or occupation, or entitled to possession or occupation, of any sawmill, kiln-drying plant, planing mill, timber yard or timber or plywood factory;\n\n\\*Notified in the Commonwealth Gazette on , 1942.\n\n1929.—Price 3d. 25/13.3.1942.\n\n  \n\n“the Controller” means the Controller of Timber of the Department of Munitions;\n\n“timber” includes all wood whether in growing, dead, felled or fallen trees, or sawn, treated or in any other form whatsoever, and any material, article, or commodity of which timber forms a constituent part, but does not include firewood, charcoal, or wood pulp.\n\nDelegation by Controller.\n\n5.—(1.) The Controller may, by writing under his hand, delegate to any person, all or any of his powers and functions and authorities under these Regulations (except this power of delegation) in relation to any matters or class of matters, or to any State, Territory or part of Australia, so that the delegated powers, functions and authorities may be exercised by the delegate with respect to the matters or class of matters, or the State, Territory or part of Australia specified in the instrument of delegation.\n\n(2.) Every delegation by the Controller shall be revocable in writing at will, and no delegation shall prevent the exercise of any power, function or authority by the Controller.\n\nPowers of Controller.\n\n6. The Controller may control the production, treatment, handling, sale, supply, movement, distribution, storage, marketing and use of timber and for that purpose may take such measures, make such orders, give such directions and do such things, as he thinks necessary or expedient, and in particular, but without limiting the generality of the foregoing provisions of this regulation, the Controller may make orders and give directions—\n\n(a) requiring any owner, user, distributor or transporter of timber to make such returns and furnish such estimates to the Controller relating to his business or to the stocks of timber in his possession or custody or under his control as are specified in any such order or direction;\n\n(b) requiring any person to receive timber and to hold it at the disposition and subject to the directions of the Controller;\n\n(c) directing any owner of timber or other person to produce, treat, handle, convey, sell, deliver, supply, distribute, store or market timber in accordance with the requirements of, or made under, any such order or direction;\n\n(d) prohibiting, limiting, or otherwise controlling the production, treatment, handling, sale, supply, movement, distribution, storage, marketing and use of the timber of any owner or any particular class, type, size, quantity or quality of such timber either generally or in relation to a particular area.\n\nSpecial powers in relation to sale, supply and delivery.\n\n7.—(1.) The Controller may require any owner of timber to sell, supply or deliver to the person named in the requirement, such quantity of timber, of such quality and kind, at such stage of treatment or processing, and within such time, as is specified in the requirement.\n\n  \n\n(2.) Upon service on him of notice of a requirement under the last preceding sub-regulation, the owner of timber affected by the requirement shall, subject to such exceptions as are permitted by the Controller, take all practicable measures to ensure that the sale, supply or delivery of the timber specified in the requirement, and all preparatory or other measures necessary to enable that sale, supply or delivery to be effected are given priority to any other sale, supply, delivery or measures.\n\n(3.) A requirement under this regulation may provide that the obligation to comply therewith, within the time specified, shall be conditional upon the happening or continuance of events or circumstances specified in the requirement, and the Controller may at any time extend the time for compliance with any requirement.\n\nOrder to accept delivery of timber.\n\n8. The Controller may require any user of timber to accept delivery of timber of such quality and kind, and in such quantities, as is specified in the requirement.\n\nPrices to be determined under National Security (Prices) Regulations.\n\n9. A person or authority to whom any goods or services are required to be supplied in pursuance of these Regulations shall be liable to pay therefor to the persons required to supply the goods or services such prices or rates in respect of those goods or services as may be fixed by the Commonwealth Prices Commissioner in pursuance of the National Security (Prices) Regulations or for the purposes of these Regulations.\n\nAccess to premises, books.\n\n10. Any person authorized in writing by the Controller to exercise the powers conferred by this regulation, shall, for the purposes of these Regulations, at all times have full and free access to all timber and to all buildings, places, books, documents and other papers in connexion with any timber and for those purposes may make extracts from or copies of any such books, documents and papers.\n\nCompliance with requirements and directions.\n\n11. A person shall not refuse or fail to comply with any requirement or direction lawfully made on or given to him in pursuance of these Regulations, or of any order or direction made or given thereunder.\n\nManner of giving requirements and directions.\n\n12. Any requirement or direction which may be given in pursuance of these Regulations or of any order or direction made thereunder may be made or given in writing served either personally on the person to whom it is addressed or by posting the same to him at his last-known place of abode or at any of his places of business.\n\nRepeal of control of timber orders.\n\n13. The Control of Timber Order, the Control of Timber Order (No. 2) and the Control of Timber Order (No. 3), made under regulation 59 of the National Security (General) Regulations, are repealed.\n\n–––––––––––––––––––\n\nBy Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Regulations enact powers and mechanisms that align with the expressed object: to secure an adequate supply of timber for war purposes and to set up an authority to govern production through to consumption (reg. 3). The provisions delegate broad control to a Controller and provide mandatory compliance, inspection, allocation and pricing arrangements consistent with that object (regs. 2–11). There is no text in the instrument indicating an expansion or narrowing of the object beyond what the Regulations expressly state."},"complexity_factors":["Broad discretionary language granting the Controller authority to act “as he thinks necessary or expedient” (reg. 6) increases interpretive uncertainty.","Delegation power with revocation allows functions to be shifted operationally, multiplying decision-makers (reg. 5).","Interplay with another instrument for pricing: prices fixed under the National Security (Prices) Regulations rather than within these Regulations (reg. 9).","Wide definition of “owner” and expansive definition of “timber” bring many actors and goods within scope (reg. 4).","Compulsory production/delivery and priority requirements can displace private contracts and commercial plans, creating complex compliance and contractual adjustment issues (regs. 7(1)–(3), 7(2)).","Broad inspection and copying powers over premises and documents create operational and confidentiality consequences for businesses (reg. 10)."],"plain_english_summary":"What this instrument does (mechanically)\n\n- Establishes a single executive controller for timber matters who operates under the Minister of State for Munitions (regs. 1–2, definition of “the Controller” in reg. 4).  The Controller is given broad powers to control the production, treatment, handling, sale, supply, movement, distribution, storage, marketing and use of timber (reg. 6).\n\n- The Controller may give written orders and directions to owners, users, distributors and transporters of timber that include: requiring returns and estimates about stocks and business (reg. 6(a)); requiring persons to receive and hold timber at the Controller’s direction (reg. 6(b)); directing how timber is to be produced, treated, handled, conveyed, sold, delivered, supplied, distributed, stored or marketed (reg. 6(c)); and prohibiting or limiting any of those activities for particular classes or areas (reg. 6(d)).\n\n- The Controller can specifically require an owner to sell, supply or deliver specified timber to a named person, including quantity, quality, stage of treatment and timing (reg. 7(1)). Owners served with such a requirement must, subject to Controller-permitted exceptions, give priority to meeting that requirement over other sales or deliveries (reg. 7(2)). The Controller may condition timing on events and may extend time for compliance (reg. 7(3)).\n\n- The Controller may require a timber user to accept delivery of timber specified in a requirement (reg. 8).\n\n- Prices for goods or services supplied under these regulations are payable as fixed by the Commonwealth Prices Commissioner under the National Security (Prices) Regulations (reg. 9).\n\n- The Controller may delegate most powers in writing, delegations are revocable and do not prevent the Controller acting personally (reg. 5).\n\n- Persons authorised by the Controller may have full access at all times to timber, premises and books and may copy documents (reg. 10). Compliance with lawful requirements and directions under these Regulations is mandatory (reg. 11). Orders may be served personally or by post (reg. 12). Earlier Control of Timber Orders made under a different regulation are repealed (reg. 13).\n\nOfficial stated purpose and the instrument’s mechanisms\n\n- The Regulations state their object is to secure an adequate supply of timber for all purposes arising out of the war and to set up an authority to govern and direct the full chain from production to consumption of timber (reg. 3). Mechanically, the Regulations do that by centralising allocation and operational control in a single Controller with broad discretionary powers (regs. 2, 4–6).\n\nWho is affected and who pays\n\n- Affected parties: anyone defined as an “owner” (which includes persons in possession of or entitled to possession of timber, those with an interest, licence-holders and occupiers of mills, dryers, yards or factories) and users, distributors, transporters and persons receiving timber (reg. 4; regs. 6–8). Businesses holding timber stocks, sawmills, kilns, planing mills and timber factories are explicitly within the definition of owner (reg. 4).\n\n- Who pays: a person or authority required to be supplied with goods or services under these Regulations is liable to pay prices as fixed by the Commonwealth Prices Commissioner under the National Security (Prices) Regulations (reg. 9). Owners compelled to sell receive payment at those fixed prices; purchasers pay the fixed prices.\n\nPractical incentives, trade-offs and compliance burdens\n\n- Central allocation and direction: The Controller’s power to require sale/delivery to a named recipient (reg. 7(1)) and to require users to accept deliveries (reg. 8) reorders contractual and commercial priorities. Owners may be required to divert timber from regular customers to meet Controller requirements and must prioritise Controller-mandated deliveries over other commercial obligations (reg. 7(2)). That changes firms’ revenue timing and contract freedom.\n\n- Price control interaction: Prices are not set by the Controller in these Regulations but by the Commonwealth Prices Commissioner under the separate National Security (Prices) Regulations (reg. 9). This separates allocation authority (Controller) from price-setting authority (Prices Commissioner), so suppliers may be required to sell specified timber at externally fixed prices.\n\n- Administrative and compliance costs: Owners and other parties must furnish returns and estimates when ordered (reg. 6(a)), keep premises and records available for authorised inspection and copying (reg. 10), and meet directions promptly or obtain Controller permission for exceptions (regs. 7(2), 11). These activities create record-keeping, disclosure and operational-priority burdens.\n\n- Discretion and implementation risk: The Controller’s powers are framed with broad language—able to do “such things, as he thinks necessary or expedient” (reg. 6). That grants wide executive discretion over allocation and operational requirements. The Controller may delegate powers (reg. 5), which spreads decision-making but leaves ultimate authority with the Controller and allows revocation of delegations (reg. 5(2)).\n\nEffects on private enterprise and market mechanics (questions asked and answers based on the Regulations)\n\n- Contract freedom: The Regulations allow compulsory direction of sales and deliveries and priority over other sales (reg. 7), so existing contracts can be displaced by Controller requirements.\n\n- Competition and ability of independent businesses to operate: Because the Controller can prioritise deliveries and limit production or distribution for particular classes or areas (reg. 6(d)), businesses may face altered market access and allocation of inputs. Firms required to supply to named recipients may have reduced ability to compete for voluntary customers.\n\n- Prices: Prices payable for supplies required under the Regulations are fixed by the Prices Commissioner, not by market negotiations between buyer and seller (reg. 9). That can alter incentives to supply or to invest in production capacity.\n\n- Ownership and property use: Ownership is not extinguished by these Regulations, but owners’ practical control over timber and its use can be constrained (reg. 4; reg. 6(b) allowing timber to be held at the Controller’s disposition).\n\n- Productivity and substitution effects: The Regulations reallocate timber according to Controller directions (reg. 6–8). That can cause substitution in supply chains (businesses seeking alternative inputs or suppliers) and requires operational adjustments; the Regulations do not specify compensatory mechanisms beyond price-fixing under the Prices Regulations (reg. 9).\n\nConcentrated benefits and diffuse costs implicit in the mechanics\n\n- The Regulations create a mechanism by which the Controller can direct timber to particular named recipients (reg. 7(1)). Those recipients obtain an enforceable supply right under the Regulations, which is a concentrated benefit. Costs—operational disruption, record-keeping, possible lower or fixed prices and reallocated sales—are spread across the many owners, users and distributors who must comply (regs. 6–11).\n\nImplementation and enforcement points of attention\n\n- Broad discretion in terms such as “as he thinks necessary or expedient” (reg. 6) and broad access and copying powers (reg. 10) create substantial executive flexibility in implementation.\n\n- Delegation is allowed and revocable (reg. 5), so practical decision-making may be delivered to subordinates but remains subject to recall by the Controller.\n\n- Compliance is mandatory (reg. 11) and directions may be served by post (reg. 12), so notice and service practices are established.\n\nSummary statement\n\n- The Regulations centralise control of timber under a Controller to secure timber supply for wartime purposes (reg. 3) by giving that office broad powers to allocate, direct, inspect and require sales or deliveries, while prices for compelled supplies are to be paid at levels fixed by the Commonwealth Prices Commissioner under separate Price Regulations (regs. 6–9). The concrete effects are a transfer of allocation authority from market negotiators to the Controller, mandatory compliance and information and access obligations on owners and operators, and a separation of allocation (Controller) from price-setting (Prices Commissioner)."},"summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument is a set of regulations made in 1942 under the National Security Act 1939-1940. It has not been amended."},"complexity_factors":["broad delegation of regulatory power to a single Controller","interaction with other wartime regulations for pricing","repeal of multiple previous orders"],"plain_english_summary":"These are the **National Security (Timber Control) Regulations 1942**, made under the *National Security Act 1939-1940* during World War II. They set up a **Controller of Timber** within the Department of Munitions to manage Australia's timber resources for the war effort. The Controller can direct almost every part of the timber industry: production, treatment, handling, sale, supply, movement, distribution, storage, marketing and use. They can order timber owners to sell, supply or deliver specific timber to a named person, and require users to accept delivery. The Controller may demand returns and estimates, inspect premises and records, and delegate powers. Payment for timber supplied under compulsion is at prices fixed by the Commonwealth Prices Commissioner under separate price regulations. Earlier control orders (Control of Timber Orders Nos. 1, 2 and 3) are expressly repealed. The regulations affect anyone who owns, processes, transports or uses timber, including sawmillers, timber yards and factories. They are a wartime control measure and no longer have practical effect."}},"importantCases":[],"_links":{"self":"/api/acts/national-security-timber-control-regulations","history":"/api/acts/national-security-timber-control-regulations/history","analysis":"/api/acts/national-security-timber-control-regulations/analysis","conflicts":"/api/acts/national-security-timber-control-regulations/conflicts","importantCases":"/api/acts/national-security-timber-control-regulations/important-cases","documents":"/api/acts/national-security-timber-control-regulations/documents"}}