Military Forces of the Commonwealth Regulations (Amendment) (Provisional) (Cth)

Case
No judgment structure available for this case.

STATUTORY RULES

1915. No. 173.

 

PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1915.

Regulations for the Military Forces of the Commonwealth, Regulation 627. Amendment.

I, THE GOVERNOR-GENERAL, in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulation under the Defence Act 1903-1915 should come into immediate operation,and make the Regulation to come into operation forthwith as a Provisional Regulation.

Dated this twenty-second day of September, One thousand nine hundred and fifteen.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

G. F. PEARCE.

 

Regulations for the Military Forces of the Commonwealth.

Regulation 627 (Statutory Rules 1914, No. 125). Amendment.

Regulation 627 which reads:—

Requisitioning under Section 67 of the Act.

“627. (1) In time of war the Governor-General may issue a general authority to the Minister of Defenceauthorizing him to issue an authority to such persons as the Minister thinks fit to requisition such number and kind as the Minister specifies of vehicles, horses, mules, bullocks, aerial machines, boats or vessels, or goods for naval or military purposes.

(2) Upon receipt by any person of such an authority from the Minister, that person or any person thereto authorized in writing by him may inspect any articles or animals of the kind enumerated in the said authority and may in pursuance of the said authority by writing under his hand require any owner of any of such articles or animals to deliver them up to him, and, in the event of the owner failing so to do within the time limited in the requisition, may seize the said articles or animals.

(3) The compensation payable to an owner in respect of any articles or animals requisitioned in pursuance of this Regulation shall in default of agreement be assessed in the first instance by a Board of three persons appointed by the Minister, and be determined by the Minister, subject to an appeal to any Judge of the Supreme Court of a State who may finally determine the amount of compensation and make such order as to costs as he thinks fit.”

is cancelled, and the following substituted therefor:—

C.13297.—Price 3d.

Requisitioning under Section 67 of the Act.

“627. (1) In time of warthe Governor-General may issue a general authority to the Minister of Defence authorizing him to issue an authority to such persons as the Minister thinks fit to requisition such number and kind as the Minister specifies of vehicles, horses, mules, bullocks, aerial machines, boats or vessels, or goods for naval and military purposes.

(2) Upon receipt by any person of such an authority from the Minister, that person or any person thereto authorized in writing by him may inspect any articles or animals of the kind enumerated in the said authority and may in pursuance of the said authority by writing under his hand require any owner of any of such articles of animals or deliver them up to him, and, in the event of the owner failing so to do within the time limited in the requisition, may seize the said articles or animals.

(3) The compensation payable to on owner in respectof any articles (other than molybdenite wolfram or scheelite) or animals requisitioned in pursuance of this Regulation shall in default of agreement be assessed in the first instance by a Board of three persons appointed by the Minister, and be determined by the Minister, subject to an appeal to any Judge of the Supreme Court of a State who may finally determine the amount of compensation and make such order as to costs as he thinks fit.

(4) The compensation payable to an owner in respect of any molybdenite wolfram or scheelite requisitioned in pursuance of this Regulation shall in default of agreement be assessed by the Minister on the basis of the agreement made between HisMajesty’s Government and the Government of the Commonwealth of Australia for the requisition of molybdenite wolfram and scheelite.”

 

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0