National Security (Coal Control) Regulations (Cth)

STATUTORY RULES.

1941. No. 33.

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 twelfth day of February, 1941.

Governor-General.

By His Excellency’s Command,

Minister of State for Defence Co-ordination.

 

National Security (Coal Control) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Coal Control) Regulations.

Repeal.

2. The National Security (Supply of Coal) Regulations (being Statutory Rules 1940, No. 86) are repealed.

Definitions.

3. In these Regulations, unless the contrary intention appears—

“owner”, in reference to a coal mine, includes every person who is entitled to any estate or interest in possession in the coal mine or who is in actual possession or occupation or control of the coal mine or of any part of it or who is working the coal mine as a licensee or contractor, but does not include a person by reason only of the fact that he is in receipt of a royalty rent or fine arising from the coal mine or from the winning of coal therefrom, or that he is entitled to an estate or interest in the land, whereon the mine is situated, which is subject to a reservation or exception of the coal therein or of minerals including coal or which for some other reason carries no interest in or right to win such coal;

“the Board” means the Commonwealth Coal Board established under these Regulations;

“the Minister” means the Minister of State for Supply and Development.

 

* Notified in the Commonwealth Gazette on , 1941.

797.—12/10.2.1941.—Price 5d.

 

Purposes.

4. The purpose of these Regulations is to secure that, for all purposes arising out of the war in which His Majesty is engaged, an adequate provision of coal is made and maintained not only in States and places supplied by local production but also in other States and places in Australia, and to that end to set up an authority to govern and direct the supply, distribution and consumption of coal and to co-operate with the Shipping Control Board, and these Regulations shall be administered accordingly.

Constitution of Board.

5.—(1.) There shall be a Commonwealth Coal Board which shall consist of a Chairman and six other members, one of whom shall be an officer of the Department of Supply and Development.

(2.) The Governor-General may appoint a Judge of the Supreme Court of a State to serve as Chairman.

(3.) Subject to the last preceding sub-regulation, the members of the Board shall be appointed by the Minister.

Incorporation of Board.

6.—(1.) The Board shall be a body corporate with perpetual succession and a common seal and may acquire, hold and dispose of real and personal property and shall be capable of suing and being sued.

(2.) All Courts, Judges and persons acting judicially shall take judicial notice of the seal of the Board affixed to any documents and of the signature of the Chairman, and the production of a document purporting to bear the seal of the Board or the signature of the Chairman shall be sufficient evidence that the document was duly sealed or signed, as the case may be.

Meetings of Board.

7.—(1.) The Board shall meet at such times and at such places within the Commonwealth as the Chairman from time to time determines.

(2.) At any meeting of the Board four members shall form a quorum.

(3.) The Chairman shall preside at all meetings of the Board at which he is present and in his absence the member of the Board who is an officer of the Department of Supply and Development shall preside. In the absence of both, the members present shall choose one of their number to preside.

(4.) Subject to sub-regulation (6.) of this regulation, all questions arising at any meeting of the Board shall be decided by a majority of the votes of the members present.

(5.) The Chairman or member presiding at a meeting shall have a deliberative vote and, in the case of an equality of votes, shall also have a casting vote.

(6.) If the Chairman disagrees with any decision of the Board his decision shall prevail, but in that case the majority of the members present at the meeting at which the decision was made may appeal to the Minister from the decision of the Chairman and the Minister may, after hearing the Chairman and such other members of the Board as desire to be heard, give such directions as he thinks fit and his directions shall be deemed to be the decision of the Board.

Exercise of powers by Chairman.

8.—(1.) Subject to these Regulations, the executive authority of the Board shall be vested in the Chairman.

 

(2.) The Chairman of the Board may, in the name of the Board, give any order, direction or authority or may authorize any thing to be done, and any order, direction or authority purporting so to be given, or any act purporting so to be authorized, shall be deemed the order, direction, authority or act of the Board.

(3.) If the Chairman is absent or is unable to act or it is inconvenient for him to do so, the member appointed as an officer of the Department of Supply and Development may, if authorized in that behalf by writing under the hand of the Minister or the Chairman, exercise any of the powers, functions and authorities of the Chairman.

Delegation by Board.

9.—(1.) The Board may, by instrument in writing and at its discretion, delegate to any person or body of persons all or any of its powers, functions and authorities under these Regulations (except this power of delegation) in relation to any matter or class of matters, or to any State, Territory or part of the Commonwealth, so that the delegated powers, functions and authorities may be exercised by the delegate with respect to matters or class of matters, or the State, Territory or part of the Commonwealth specified in the instrument of delegation.

(2.) Every delegation by the Board shall be revocable in writing at will, and no delegation shall prevent the exercise of any power, function or authority by the Board.

Travelling allowances.

10. The Chairman and members of the Board shall be paid travelling allowances at such rates as the Minister determines.

Technical assistance.

11. The Board may procure such technical assistance as it requires.

Powers of Board.

12.—(1.) The Board is empowered to control the supply, distribution, storage and use of coal and for that purpose to take such measures, give such orders or directions, and do such things, as it thinks necessary or expedient, and is charged with the administration of these Regulations and of all matters arising thereout or incidental thereto.

(2.) In particular, but without limiting the generality of the last preceding sub-regulation, the Board shall have the following powers:—

(a) on behalf of the Commonwealth, compulsorily to acquire the property in, or to requisition the use of, any machinery, equipment or plant (whether as a fixture and part of the soil or not) including railway tracks (not being railways the property of a State), wagons, trucks and other rolling stock, engines, cranes, gantries, bins and any other appliance or apparatus for use in the movement or handling of coal;

(b)to terminate, suspend, vary or modify any existing contract or agreement relating to or affecting the supply or distribution of coal, including sale, transportation by land or sea, loading, discharge, delivery, storage and use;

(c) to set up such a system for the compulsory disposal of coal to or through the Board as, in the opinion of the Board, will enable it effectively to control the distribution of coal and, at the same time, give a fair return or price to the owners or other persons supplying or delivering coal;

 

(d)to require any person to receive coal and to hold it at the disposition and subject to the direction of the Board; and

(e) to direct any owner of coal or other person to carry, convey, deliver, or discharge coal from, to, or at any place or ship.

(3.) Any exercise of any power of the Board may be general or confined to any coal-field, port, place, locality or State or to any person or class of persons.

Coal not to be disposed of except with consent of Board.

13. A person shall not sell or dispose of any coal except to or through or with the consent of the Board, which consent may be given subject to such conditions (if any) as the Board thinks fit to impose.

Compensation for acquisition.

14. In respect of the property in or use of any machinery equipment or plant acquired or requisitioned by the Board, the Commonwealth shall be liable to pay fair compensation which shall be settled by agreement between the Board and the parties interested or, in default of agreement, by arbitration or by a referee or referees appointed by the Governor-General.

Compensation for loss resulting from suspension of contract

15.—(1.) If any person claims that he has sustained any actual loss by reason of an exercise by the Board of the power conferred upon it by paragraph (b)of sub-regulation (2.) of regulation 12 of these Regulations he may, within three months of the exercise of the power, lodge with the Board a claim in writing setting out full particulars of the loss or damage and the question whether any and, if any, what amount of compensation should in all the circumstances of the case be paid to such person shall be settled by agreement between him and the Board subject to the approval of the Minister or, failing such agreement, the question shall be determined by a referee or referees appointed by the Minister.

(2.) The referee or referees shall consider whether, having regard to the nature of the contract, the manner in which it has been dealt with by the Board, the trade, business or operations open to the person claiming, the conditions prevailing and the general circumstances of the case, he ought in fairness and justice to receive any, and if so what, amount of compensation from the Commonwealth.

(3.) The referee or referees shall be an administrative and not a judicial tribunal but shall give all parties who appear to him or them to be interested an opportunity of making representations to him or them and may take evidence on oath.

(4.) The referee or referees shall report his or their opinion to the Minister who may take such measures as are in his opinion appropriate to carry it into effect.

(5.) No action, suit or other proceeding shall be brought to enforce any contract or agreement relating to or affecting the supply or distribution of coal (including sale, transportation by land or sea, loading, discharge, delivery, storage, and use) unless the leave of the Board is first obtained.

Coal Committees.

16.—(1.) For the purposes of these Regulations, the Board may appoint in any State a Coal Committee consisting of three members, one of whom may be nominated by the Governor of the particular State.

 

(2.) A Coal Committee shall have such duties and powers as the Board thinks fit to impose and confer but it shall act subject to any direction which the Board may give.

Returns to be furnished.

17. The Board or a Coal Committee may, by order in writing, require any person being the owner of a coal mine, or an owner, user, distributor or transporter of coal, to furnish as and when required, to the Board or a Coal Committee at the address specified in the order, particulars in relation to—

(a) the quantity and nature of coal won at any mine on each day of working during a period specified in the order, together with the name and address of the person, firm or company to whom any coal was supplied on that day;

(b)the quantity and nature of coal in his possession and the name and address of the person from whom, or the manner in which, it was obtained;

(c) the place at which the coal is stored;

(d)the quantity of coal consumed by him during a period specified in the order;

(e) the quantity of coal likely to be required by him—

(i) weekly for consumption; and

(ii) to establish three months’ stocks; and

(f) such other particulars as the Board or a Coal Committee specifies in the order.

Order to supply coal.

18.—(1.) The Board may, by order in writing, require any owner of a coal mine to supply to such person as is named in the order, such quantity of coal, of such quality, and within such period of time, as is specified in the order.

(2.) Upon service or notification of an order under the last preceding sub-regulation, the owner of a coal mine affected by the order shall take proper measures to ensure that the supply of coal specified in the order is given priority to any other order.

(3.) The period of time specified in the order shall be a period of time within which, in the opinion of the Board, it is possible for the coal to be delivered, having regard to all the relevant circumstances, and the order may provide that the obligation to comply therewith, within the period specified, shall be conditional upon the happening or continuance of circumstances specified in the order.

Order to accept delivery of coal.

19. The Board or a Coal Committee may, by order in writing, require any user of coal to accept delivery of coal of such a quality or nature as the Board or a Coal Committee determines.

Manner of giving order.

20.—(1.) Where any order, direction or requirement under these Regulations is published in the Gazette, the order, direction or requirement shall be deemed to have been sufficiently served upon, or brought to the notice of, all persons concerned or affected thereby.

(2.) Any order under these Regulations may be made so as to apply to any particular person and may be served upon that person by delivering a copy thereof to him by hand or by sending it to him by registered post.

 

Persons to comply with orders, &c.

21. A person who is affected by any order, direction or requirement made or given by the Board, or upon whom any condition is imposed by the Board in pursuance of these Regulations, or who falls within the intended application or operation of any such order, direction, requirement or condition, shall observe and comply with the order, direction, requirement or condition or shall cause the same to be observed and complied with.

Regulations to be subject to the National Security (Shipping Control) Regulations.

22. These Regulations shall be read subject to the National Security (Shipping Control) Regulations, the operation of which shall not be impaired or prejudiced by anything contained in these Regulations.

 

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