Commonwealth legislation

National Security (Agreements) Regulations

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Act Number

147 of 1939

Collection

legislative instrument

Plain English Summary

1/10 complexity

What it does

These regulations give government ministers power to fast-track supply contracts during wartime or national emergencies, and to offer financial protection to defence suppliers.

Key points

Defence contracting: When authorized by the Governor-General, ministers can sign agreements with businesses or individuals to buy, manufacture, or sell goods deemed essential for national defence or the war effort.
Government guarantees: These contracts can include an indemnity (a legal promise) that the Commonwealth will cover any unavoidable financial losses the supplier suffers while fulfilling the contract.

Who it affects

Companies and individuals contracting with the government to provide essential defence supplies, and the ministers negotiating those deals.

Why it matters

Wartime production can be risky and unpredictable. By allowing the government to promise compensation for unavoidable losses, the law encourages businesses to take on vital defence work without fear of financial ruin.

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Current sections

Direct links to the current provisions in National Security (Agreements) Regulations.

National Security (Agreements) Regulations

STATUTORY RULES.

1939. No. 147.

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, in pursuance of the powers conferred by the National Security Act 1939, hereby make the following Regulations.

Dated this eleventh day of November, 1939.

GOWRIE

Governor-General.

By His Excellency’s Command,

PERCY C. SPENDER

for Minister of State for Defence Co-ordination.

National Security (Agreements) Regulations.

Citation.

These Regulations may be cited as the National Security (Agreements) Regulations.

Contracts in relation to the acquisition, production or disposal of goods.

2.—(1.) Any Minister, thereto authorized by the Governor-General, may, on behalf of the Commonwealth, enter into agreements with such persons as are specified in the instrument of authority, or, if the Governor-General so specifies in the instrument with such persons as the Minister thinks fit, in relation to the acquisition, production or disposal of any goods or class of goods declared in the instrument to be goods which are essential for the defence of the Commonwealth or the more effectual prosecution of the war.

(2.) Any such agreement may contain a provision providing for an indemnity by the Commonwealth to any such person against any loss which, in the opinion of the Minister, has been unavoidably incurred by reason of any such acquisition, production or disposal.

* Notified in the Commonwealth Gazette on 11th November, 1939.

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

6742.—Price 3d.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 National Security (Agreements) Regulations