STATUTORY
RULES.
1940. No.250.
––––––
REGULATIONS
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 Regulations
under the National Security Act 1939-1940.
Dated
this eighteenth day of November, 1940.
Governor-General.
By His Excellency’s Command,
for and on behalf of the
Minister of State for Defence Co-ordination.
National Security (Building Control) Regulations.
Citation.
1. These Regulations may
be cited as the National Security (Building Control) Regulations.
Commencement.
2.These
Regulations shall come into operation on the fifth day of December. 1940.
Definitions.
3. In these Regulations,
unless the contrary intention appears—
“alteration”
includes addition or rebuilding and “alter” has a corresponding meaning;
“building
authority” means any person who has power, under any law of a State or
Territory of the Commonwealth, or under any instrument made or issued in
pursuance of any such law, to approve, consent to or otherwise authorize the
erection or alteration of any building or to approve the plans for the erection
or alteration of any building;
“building
permit” means the approval, consent or other authority given by a building
authority for the erection or alteration of any building and includes any
approval so given to the plans for the erection or alteration of a building.
Building
permits not to be applied for in certain cases without consent.
4. A person shall not,
without the consent in writing of the Treasurer, apply to a building authority
for a building permit in respect of the erection or alteration of any building
the estimated cost of which exceeds Five thousand pounds.
Provisions
relating to building authorities.
5. Where a person applies
to a building authority for a building permit in respect of the erection or
alteration of a building the estimated cost of which erection or alteration
does not exceed Five thousand pounds, the building authority shall not, if it is
of the opinion that the actual cost of the erection or alteration of the
building is likely to exceed Five thousand pounds, grant the permit until that
person has obtained from the Treasurer a statement in writing that he has no
objection to the granting of the permit.
Building
permits to be inoperative in certain cases.
6. Where a building permit
in respect of the erection or alteration of a building has been granted before
the commencement of these Regulations in respect of the erection or alteration
of a building the estimated cost of which erection or alteration exceeds Five
thousand pounds, and the erection or alteration of that building is not
commenced within four months after the commencement of these Regulations, the
permit shall thereupon cease to be operative.
Applications
to Treasurer.
7.—(1.) An application to
the Treasurer under these Regulations shall be in writing and shall be
accompanied by particulars in writing of the proposed erection or alteration
together with such further information as the Treasurer requires.
(2.) Where an application is made
to the Treasurer under these Regulations, the Treasurer may, in his absolute
discretion, grant the application, either conditionally or subject to such
conditions as he thinks fit, or refuse to grant the consent.
(3.) Where an application to the
Treasurer is granted subject to conditions, a person shall comply with all such
conditions as are applicable to him.
False
statements.
8. A person shall not make
to the Treasurer, or to any officer having duties connected with applications
under these Regulations, any statement, whether oral or in writing, relating to
any matter dealt with under these Regulations, which he knows to be untrue in
any particular or which is made by him without his having first made proper
inquiries with a view to ascertaining the truth or otherwise thereof.
Exemption
9.—(1.) The Treasurer may,
by order, either wholly or to the extent specified in the order, exempt from
the application of the whole or any of the provisions of these Regulations any
person or class of persons, or any erection or class of erections, or
alteration or class of alterations.
(2.) An Order made under this
regulation may be expressed to continue in operation for a period specified in
the order, and, if so expressed, shall continue in operation for that period
and no longer.
By
Authority: L. F. Johnston,
Commonwealth Government Printer, Canberra.