Liquid Fuel Act 1949 (NSW)

LIQUID FUEL ACT.

Act No. 40, 1949.

An Act to make provision for the preservation and continuance in operation of Commonwealth Regulations relating to the rationing and distribution of liquid fuel; and for purposes connected therewith. [Assented to, 16th November, 1949.]

i t enacted b y t h e K i n g ' s Mos t Exce l l en t Majes ty , t he same, as follows :—	BE	by and wi th t h e advice and consent of t h e Legis ­
lat ive	Counci l a n d Legis la t ive Assembly of N e w South
W a l e s	in P a r l i a m e n t assembled, a n d by t h e au thor i ty of

1. This Act may be cited as the " L i q u i d Fue l Act,

1949" .

2 . This Act shall commence upon a day to be appointed by the Governor and notified by proclamat ion published in the New South Wales Government Gazette.

Such day may be the day of publication of such proclamat ion or a day ei ther before or af ter the day of publication of such proclamat ion.

Such day shall be appointed af ter consultat ion has

taken place between the P r e m i e r of th is S ta te and the

P r i m e Minis ter of the Commonwealth.

(2) If the Liquid Fue l (Rat ion ing) Act 1949 of
the P a r l i a m e n t of the Commonweal th is or is held to be
inval id the expression "Commonwea l th R e g u l a t i o n s " shall

3 . (1) In this Act unless inconsistent wi th the context

or	subject-mat ter—
"Commonwea l th R e g u l a t i o n s " means the regula t ions

made or p u r p o r t i n g to have been made under the Liquid Fue l (Rat ioning) Act 1949 of the P a r l i a ­ ment of the Commonwealth and includes any orders made or p u r p o r t i n g to have been made under the au thor i ty of those Regulat ions .

shal l mean the regulat ions and orders which were made o r p u r p o r t to have been made under t ha t Act and which, if t ha t Act had been valid, would have been in opera t ion

a s	regula t ions	or	o rders .
4 .	(1) W h e r e the day appoin ted	by the	Governor

p u r s u a n t to section two of this Act is a day ear l ier t han the da te of the publication of the proclamat ion in the Gazet te appoint ing such day—

(a)

the provisions of the Commonwealth Regulations which were or pu rpo r t ed to be in force on t h a t day shall, as on and from tha t day, be deemed to have been in force as laws of th is S ta te , and any regulat ions made or p u r p o r t i n g to have been made under the Liquid Fue l (Rat ioning) Act 1949 of the P a r l i a m e n t of the Common­ wealth af ter tha t day and before the da te of publication of the proclamat ion aforesaid shall be deemed to have come into force as laws of this S ta te a t the respective t imes at which they came or p u r p o r t to have come into opera t ion in this S ta te as laws of the Commonweal th ; and

(b)

the provisions of the Commonwealth Regulations which were or pu rpo r t ed to be in force in this S ta te immediately before the date of the publica­ tion of the proclamat ion aforesaid shall, subject to this Act, be in force in this S ta te as laws of this S ta te as on and from such date .

(2) W h e r e the day appointed by the Governor

p u r s u a n t to section two of this Act is the da te of the

publication of the proclamat ion appoin t ing such day or	any la te r date , the provis ions of the Commonwealth
Regulat ions which were or pu rpo r t ed to be in force in th is S ta te immediately before such day shall, subject to th i s Act, be in force in this S ta te as laws of this S ta te as on and from such day.
(3) In the provis ions in force, or deemed to have been in force a t any t ime, by v i r tue of th is section—

(a)	any reference to the Minister shall be deemed to be or to have been a reference to any Minis ter
of S ta te of the Commonweal th ;

(b)

(b)	any reference to the Gazette shall be deemed to be or to have been a reference to the Common­
wealth of Aus t r a l i a Gaze t te ;
(c)	any reference to a State shall, where the context so permi t s , be deemed to include or to have included a reference to a Te r r i t o ry of t h e Commonweal th forming p a r t of the Common­ wealth.

(4) W h e r e on or af ter the da te of the publication of the proclamation unde r section two of this Act or t he da te of commencement of this Act, whichever is the l a te r da te , the Commonwealth Regulat ions which are applicable to or in respect of the Aus t ra l ian Capi ta l Te r r i t o ry a r e amended (otherwise than by an amendment which i s expressed to apply only to or in respect of the Aus t r a l i an Capi ta l T e r r i t o r y ) such amendment shall have and take effect in respect of those Regula t ions in force in th i s S ta t e by v i r tue of this Ac t as if made by regula t ions made under this Act.

(5) All th ings done or p u r p o r t i n g to be done before

the da te of commencement of this Act under or for t he purposes of the provis ions of the Commonwealth Regula­ t ions, in the i r application, or pu rpo r t ed application, t o this S ta te , shall be deemed to have been done under or for the purposes of those provis ions as in operat ion by v i r tue of this Act.

(6) The provis ions of any order made before the

da te of commencement of this Act and in force by v i r tue

u n d e r the provis ions in force by v i r tue of th is Act. of this Act may be amended or repealed by order made 5. (1) A n y person who contravenes or fails to comply

wi th—

(a)	any provision of any regulation in operation by
v i r tue of this A c t ; or
(b)	any order, rule or other instrument in operation by v i r tue of th is Act or made in pursuance of any regula t ion in opera t ion unde r th is Act,

shall be guil ty of an offence aga ins t this Act.

(2)

(2) Any person who is guil ty of an offence agains t
th i s Act shall be liable to a penal ty not exceeding one

hund red pounds or impr isonment for a t e rm not exceeding

six months .

(3) All proceedings for offences aga ins t this Act shall be disposed of summar i ly before a court of pe t ty sessions holden before a s t ipendiary mag i s t r a t e or two just ices of the peace.

(4) I n addit ion to any other punishment , a court may, if it thinks fit, o rder the forfei ture of any goods in respect of which an offence aga ins t this Act has been committed.

W h e r e a person convicted of an offence aga ins t this Ac t is a body corporate , every person who, a t the t ime of the commission of the offence, was a director or officer of the body corpora te shall be deemed to be guil ty of the offence, unless he proves tha t the offence was committed wi thout his knowledge, or t ha t he used all due diligence to p reven t the commission of the offence.

6 .

7 . (1) W h e r e any person is convicted of an offence aga ins t this Act, the cour t before which he is convicted may , ei ther in addit ion to or in lieu of any punishment provided for the offence, require him to enter into recognizances with or wi thout suret ies to comply with the provisions of the regulat ions , orders , rules or other ins t ruments in relat ion to which the offence was committed.

(2) If any person fails to comply with an order of the court requi r ing him to enter into recognizances, the court may order him to be imprisoned for any t e rm not exceeding six months .

The Supreme Court may, a t the suit of the At torney- Genera l for the Commonwealth, make such orders and injunct ions as the court thinks fit r e s t ra in ing persons f rom commit t ing offences aga ins t th is Act and general ly for ensur ing compliance with the provis ions in force by

8.

v i r tue of this Act .

(1) The Governor may, af ter consultat ion has taken place between the P r e m i e r of this S ta te and the P r i m e

9.

Minis ter of the Commonwealth, make regula t ions—

(a)	for or in respect of any matters or class of m a t t e r s dealt with in the Commonweal th Regulat ions in opera t ion by virtue of th is A c t ;
(b)	repealing or amending any regulations in opera­ tion by v i r tue of this Act.

(2) The regula t ions made under th is section

shall—

(a)	be published in the New South Wales Govern­
ment Gaze t te ;
(b)	take effect from the date of publication or from a la ter da te to be specified in the regu la t ions ; and
(c)	be laid before both Houses of P a r l i a m e n t within fourteen s i t t ing days af ter publication if Pa r l i a ­ ment is then in session, and if not, then within fourteen s i t t ing days af ter the commencement of the next session.

If e i ther House of Pa r l i amen t passes a resolution of which notice has been given a t any t ime within fifteen s i t t ing days after such regula t ions have been laid before such House disallowing any regulat ion or p a r t thereof, such regulat ion or p a r t shall the reupon cease to have effect.

10.      (1) This Act and any regulat ions in operat ion by

v i r tue of this Act and any orders , rules or other ins t ru­ ments in opera t ion by v i r tue of this Act or such regula­ t ions shall t e rmina te on the thirty-first day of August , one thousand nine hundred and fifty, or on such ear l ier

the P r e m i e r of this S ta te and the P r i m e Minis ter of the	day as may, af ter consultat ion has taken place between
Commonwealth, be appoin ted by the Governor and notified by proclamat ion published in the New South Wales Government Gazette .
(2) The provis ions of section eight of the In te r ­ p re ta t ion Act of 1897 shall app ly in relat ion to the t e rmina t ion of this Act and of any such regulat ions , o rders , rules or other ins t ruments as if t ha t t e rmina t ion were a repeal and any such regulat ion, order , rule or o ther ins t rument were an Act.

CO-OPERATION,