National Security (Coal Control) Regulations (Amendment) (Cth)

STATUTORY RULES.

1942. No. 51.

————

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 Sixth

day of February , 1942

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

for and on behalf of the Minister of State for Defence Co-ordination.

 

Amendments of the National Security (Coal Control) Regulations.  

Consequential amendments.

1. The National Security (Coal Control) Regulations are amended as set out in the Schedule to these Regulations.

2. Regulation 8 of the National Security (Coal Control) Regulations is repealed and the following regulations inserted in its stead:—

Commonwealth Coal Commission.

“8.—(1.) There shall be a Commonwealth Coal Commission consisting of—

(a) a Chairman; and

(b) two other members, one of whom shall be the nominee of the owners of coal mines and the other shall be the nominee of the Australian Coal and Shale Employees’ Federation.

“(2.) The Chairman shall be appointed by the Governor-General and shall, subject to these Regulations, hold office for the duration of the present war and six months after the termination thereof.

“(3.) The other members of the Commission shall be appointed by the Minister and shall hold office during his pleasure.

“(4.) The Commission shall be a body corporate with perpetual succession and a common seal.

“(5.) All courts, judges and persons acting judicially shall take judicial notice of the seal of the Commission attached or appended to any document and the production of a document purporting to bear the seal of the Commission shall be sufficient evidence that the document was duly sealed.

* Notified in the Commonwealth Gazette on  , 1942.

  Statutory Rules 1941, No. 189, as amended by Statutory Rules 1942, No. 10.

47.—25/20.1.1942.—Price 3d.

 

Salaries and allowances of members.

“8a.—(1.) The Chairman shall be paid remuneration by way of salary and allowances at such rates as the Governor-General determines.

“(2.) The members of the Commission, other than the Chairman, shall be paid allowances at such rates as the Minister determines.

Orders, &c. signed by the chairman.

“8b. Any order, direction, determination, requirement, authority or other instrument purporting to have been made, given or issued in the name of the Commission and purporting to have been signed by the Chairman shall, in the absence of proof to the contrary, be deemed to have been made, given or issued by the Commission.”.

Delegation by Commission.

3. Regulation 10 of the National Security (Coal Control) Regulations is amended by adding at the, end thereof the following sub-regulation:—

“(3.) “Where under these Regulations the exercise of any power or function by the Commission is dependent upon the opinion or belief of the Commission in relation to any matter, that power or function may be exercised by the delegate upon the opinion or belief of that delegate.”.

4. After regulation 14 of the National Security (Coal Control) Regulations the following regulations are inserted:—

Meetings of the Commission.

“14a.—(1.) The Commission shall meet at least once a month at such times and places as the Chairman from time to time determines.

“(2.) At any meeting of the Commission, two members shall form a quorum.

Decisions of the. Commission.

“14b.—(1.) Any questions arising at any meeting of the Commission shall be decided by a majority of the votes of the members of the Commission.

“(2.) If the Chairman disagrees with any decision of the Commission involving the expenditure of Commonwealth funds, effect shall not be given to the decision except with the approval of the Minister.”.

Powers of Commission.

5. Regulation 17 of the National Security (Coal Control) Regulations is amended—

(a) by omitting paragraph (e) of sub-regulation (3.) and inserting in its stead the following paragraph:—

“(e) direct that the owner of the mine at which production has so ceased shall pay to each retrenched employee out of the sums paid to him under paragraphs (d) and (f) of this sub-regulation such compensation for his loss of employment as the Commission, having regard to all the circumstances of the case of each such employee, considers he ought in fairness and justice to receive;”; and

(b) by omitting paragraph (b) of sub-regulation (5.) and inserting in its stead the following paragraph:—

“(b) Two-thirds of the excess shall be held by the Commission and shall be applied by it in accordance with any direction it may give in pursuance of sub-regulation (3.) of this regulation and, subject thereto, to such purposes for the advancement of the coal industry, including social welfare schemes for employees in that industry, as the Governor-General directs.”

 

Special powers in relation to production.

6. Regulation 18 of the National Security (Coal Control) Regulations is amended by inserting after sub-regulation (6.) the following sub-regulation:—

“(6a.) Where the determination of any quota in respect of any owner has been revoked solely by reason of an interruption of production by the owner owing to industrial causes, the Commission shall, upon the cessation of the interruption, cancel the revocation of the quota and the quota shall by virtue of that revocation be again allocated to the owner.”.

Reserves and pooling.

7. Regulation 20 of the National Security (Coal Control) Regulations is amended by omitting from sub-paragraph (ii) of paragraph (d)of sub-regulation (2.) the words “of administration”.

Order to supply coal.

8. Regulation 25 of the National Security (Coal Control) Regulations is amended—

(a) by inserting in sub-regulation (1.), after the word “mine”, the words “or any person owning or having in his possession or under his control any coal”; and

(b) by adding in sub-regulation (2.), after the word “requirement” (second occurring), the words “or the person owning or having in his possession or under his control any coal”.

Saving of orders, &c. of Commissioner.

9. Subject to the National Security (Coal Control) Regulations, as amended by these Regulations—

(a) any right, power, obligation or liability conferred or imposed on the Commonwealth Coal Commissioner appointed under those Regulations, prior to their amendment by these Regulations, which has arisen out of anything done or omitted to be done by that Commissioner, or was deemed to be vested in or imposed on that Commissioner, and which was subsisting immediately prior to the date of the commencement of these Regulations, shall be deemed to be vested in or imposed on the Commission, and any liability due or deemed to be due or obligation owing or deemed to be owing to that Commissioner immediately prior to that date, shall be deemed to be due or owing to the Commission, and in any contract, agreement or other instrument to which that Commissioner was a party, or any reference in which to the Commonwealth Coal Board is deemed to be a reference to that Commissioner any reference to that Commissioner or that Board shall be deemed to be a reference to the Commission; and

(b) any order, direction or appointment made or given by that Commissioner under these Regulations, prior to their amendment by these Regulations, and in force immediately prior to the commencement of these Regulations, shall continue in force as if made or given under those Regulations as so amended and shall have effect accordingly.

 

THE SCHEDULE.

Consequential Amendments.  Reg. 1.

Regulation

Extent of Amendment.

3.....................................................................

Omit sub-regulation (2.)

5.....................................................................

Omit “Commissioner” insert “Commission”

6.....................................................................

Omit the definition of “the Commissioner” insert the following definitions:—

“‘the Chairman’ means the Chairman of the Commission, and includes the Acting Chairman of the Commission;

‘the Commission’ means the Commonwealth Coal Commission established by these Regulations;”

9.....................................................................

Omit “Commissioner” insert “Commission”

10..................................................................

Omit “Commissioner” (wherever occurring) insert “Commission” Omit “his” (wherever occurring) insert “its”

11, 12, 13.....................................................

Omit “Commissioner” (wherever occurring) insert “Chairman”

14..................................................................

Omit “Commissioner” (first and fifth occurring) insert “Chairman”

Omit “Commissioner” (second, fourth, sixth and seventh occurring) insert “a member of the Commission”.

Omit “Commissioner” (third occurring) insert “Commission”

15..................................................................

Omit “Commissioner” (wherever occurring) insert “Commission”

16..................................................................

Omit “Commissioner” (wherever occurring) insert “Commission”

Omit “he” insert “it”.

Omit “him” insert “it”

Omit from sub-regulation (2.) “his” insert “its”

17(1.) ...........................................................

Omit “Commissioner” insert “Commission”.

Omit “his” insert “its”.

Omit “he” insert “it”.

17 (2.) ..........................................................

Omit “Commissioner” (wherever occurring) insert “Commission”.

Omit from paragraph (k) “him” insert “it”.

17(3.)............................................................

Omit “Commissioner” (wherever occurring) insert “Commission”.

17(5.) ...........................................................

Omit “Commissioner” (wherever occurring) insert “Commission”

17(6.)............................................................

Omit “Commissioner” insert “Commission”

Omit “he” insert “it”

18 (1.) (2.) (4.).............................................

Omit “Commissioner” (wherever occurring) insert “Commission”.

18 (5.)...........................................................

Omit “Commissioner” (wherever occurring) insert “Commission”.

Omit “he” insert “it”.

18 (6.) (7).....................................................

Omit “Commissioner” (wherever occurring) insert “Commission”

19 (1.) (3.)....................................................

Omit “Commissioner” (wherever occurring) insert “Commission”.

19 (4.)...........................................................

Omit “Commissioner” (wherever occurring) insert “Commission”.

Omit “who” insert “which”

Omit “him” insert “it”.

20, 21, 22 and 23........................................

Omit “Commissioner” (wherever occurring) insert “Commission”

24..................................................................

Omit “Commissioner” (wherever occurring) insert “Commission”

Omit “him” (first occurring insert “it”.

25, 26, 27, 27a, 27c, 28 and 30...............

Omit “Commissioner” (wherever occurring) insert “Commission”.

 

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