STATUTORY RULES.

1940. No. 191.

 

REGULATION UNDER THE NATIONAL SECURITY ACT 1939-1940.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the National Security Act 1939-1940.

Dated this tenth day of September, 1940.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

Signed by the Minister of State for Defence Co-ordination

Minister of State for Defence Co-ordination.

 

Amendment of the National Security (General) Regulations.†

After regulation 57 of the National Security (General) Regulations the following regulation is inserted:—

Use of inventions by the Commonwealth.

“57a.—(1.) Any Minister may, if it appears to him to be necessary or expedient so to do in the interests of the public safety, the defence of the Commonwealth or the efficient prosecution of the war, by himself or by such agents, contractors or others as are authorized in writing by him, at any time after a patent has been granted or an application for a patent has been received in the Patent Office (whether the patent has been granted or the application has been received before or after the commencement of this regulation) make, use or exercise the invention for the services of the Commonwealth on such terms as are, either before or after the making, use or exercise thereof, agreed upon, or, in default of agreement, as are fixed by the Attorney-General.

“(2.) The terms of any agreement or licence entered into between an inventor, applicant or patentee and any person other than a person referred to in the last preceding sub-regulation shall be inoperative so far as concerns the making, use or exercise of the invention for the services of the Commonwealth.

 

* Notified in the Commonwealth Gazette on    , 1940.

† Statutory Rules 1939, No. 87, as amended by Statutory Rules 1939, Nos. 103, 174 and 177; and 1940, Nos. 8, 32, 44, 45, 67, 71, 91, 93, 113, 120 and 127.

4742.—7/14.8.1940.—Price 3d.


“(3.) The Attorney-General may, in fixing the terms for the making, use or exercise of the invention, take into consideration any benefit or compensation which the patentee, or any person interested in the patent, has received directly or indirectly from the Commonwealth in respect of the patent.

“(4.) The right to use an invention for the services of the Commonwealth under this regulation shall include power to sell any articles made in pursuance of that right which are no longer required for the services of the Commonwealth.”.

 

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