National Security (Coal Freights Equalization) Regulations (Cth)

STATUTORY RULES.

1941. No. 95.

—–––––

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 seventh day of May, 1941.

Governor-General.

By His Excellency’s Command,

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

–––––

National Security (Coal Freights Equalization) Regulations.

Citation.

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

Incorporation.

2. These Regulations shall be incorporated and read as one with the National Security (Coal Control) Regulations and with the National Security (Shipping Control) Regulations.

Administration.

3. These Regulations shall be administered by the Minister of State for Commerce.

Equalization of coal freights.

4. For the purpose of avoiding or remedying any discrimination or inequality in the burden placed on consignees and others receiving coal carried by sea under the direction, authority or approval of the Shipping Control Board and the Commonwealth Coal Board, or either of them, because of the varying freight rates and other charges for and in respect of coal carried, on the one hand, by ships usually trading on the Australian coast and, on the other hand, by overseas ships, the Commonwealth Coal Board may take such measures as it thinks appropriate to raise a fund called the “Coal Freights Equalization Fund” by increasing the freight rates in respect of coal carried interstate by sea by ships usually trading on the Australian coast and to apply such fund in relieving the burden of the higher rates of freight or other charges payable in respect of coal carried interstate by overseas ships, whether such burden is incurred before or after the commencement of these Regulations, and whether by the Commonwealth or by shippers or consignees.

*Notified in the Commonwealth Gazette on , 1941.

Powers of Commonwealth Coal Board.

5. In particular and without prejudice to the generality of the power conferred by regulation 4 of these Regulations the Commonwealth Coal Board shall have the following powers:—

(a) It may fix an additional amount or amounts in respect of coal carried interstate either generally or between specified ports by ships usually trading on the Australian coast and it may direct that the freight rate per ton payable by the shipper or consignee to the shipowner or charterer shall be increased by such additional amount or amounts;

(b) It may direct that the shipowner or charterer shall out of the freight rate so increased pay to the Collector of Public Moneys, Department of Commerce, in Sydney, such additional amount or amounts to form or maintain the Coal Freights Equalization Fund;

(c) It may direct what part of the freight payable for the interstate carriage of coal by overseas ships or by any overseas ship or ships or of any other charges in respect thereof shall be defrayed out of such fund;

(d) It may fix a flat rate or rates of freight for the interstate carriage of coal by sea whether generally or between specified ports and it may direct that shippers or consignees shall pay such a flat rate or rates to ship-owners and charterers;

(e) It may direct that shipowners or charterers of ships usually trading upon the Australian coast shall pay over to the Collector of Public Moneys, Department of Commerce, in Sydney, by way of contribution to the Coal Freights Equalization Fund, the amount or amounts by which such flat rate exceeds the rate payable under any contract or otherwise to such shipowner or charterer by each shipper or consignee.

(f) It may terminate, vary or modify any contract between a shipowner or charterer and any shipper or consignee for the interstate carriage of coal by any ship or ships usually trading upon the Australian coast.

Additional powers of Commonwealth Coal Board.

6. In exercising the powers conferred by regulations 4 and 5 of these Regulations the Commonwealth Coal Board may—

(a) confine the additional amount or amounts to some only of the consumers, consignees or shippers of coal at or in respect of any port or ports;

(b) exclude from the application of the additional amount or amounts coal of any of the following descriptions:—

(i) coal carried in ships bunkers for fuelling the ship;

(ii) coal carried as cargo but used at the port of discharge for bunkering ships calling at that port;

(iii) coal carried as cargo but used at the port of discharge for bunkering ships coaling at that port of any particular class or engaged in any particular trade which the Commonwealth Coal Board specifies;

(iv) coal of any particular class which the Commonwealth Coal Board specifies; and

(v) coal when used for any special purpose which the Commonwealth Coal Board specifies;

(c) provide for the remission or refunding of the additional amount or amounts in respect of coal which after the additional amount or amounts have become payable or been paid is used for some purpose which the Commonwealth Coal Board under paragraph (b) of this regulation has made a ground for excluding the application of the additional amount or amounts; and

(d) adopt a separate and distinct basis of adjusting freights of overseas ships for different ports or places or groups of ports or places.

Commonwealth Coal Board to consult with Shipping Control Board.

7. The Commonwealth Coal Board shall exercise the powers conferred by regulations 4, 5, 6 and 10 of these Regulations in consultation with the Shipping Control Board, and subject to the approval of such Board, but no order or direction of the Commonwealth Coal Board shall be deemed invalid for the reason only that it does not appear on the face of the direction or order that such consultation has taken place and that such approval has been given.

Incidental powers of Commonwealth Coal Board.

8. The Commonwealth Coal Board may do all things which in its opinion are necessary or expedient for or incidental or conducive to the execution of the powers conferred by regulations 4, 5, 6 and 10 of these Regulations.

Collector of Public Moneys may recover moneys due.

9. The Collector of Public Moneys, Department of Commerce, in Sydney may under that description recover in any Court of competent jurisdiction any moneys which under these Regulations become payable to him.

Fund to be Trust Account.

10.—(1.) The fund called the “Coal Freights Equalization Fund” shall be kept in a Trust Account so named which shall be a Trust Account within the meaning of section 62a of the Audit Act 1901-1934.

(2.) All moneys received by the Collector of Public Moneys, Department of Commerce, in Sydney, under these Regulations, shall be paid into such Trust Account.

(3.) Payments shall be made out of such Trust Account for the purpose of these Regulations on the certificate of the Secretary or Assistant Secretary of the Department of Commerce, or of an officer of the Department of Commerce authorized by the Secretary in that behalf.

(4.) If at any time the Commonwealth Coal Board considers that the carriage of coal interstate by overseas ships is no longer practicable, or has ceased to be necessary or desirable, or that, for any other reason, the Coal Freights Equalization Fund is no longer required, the Fund shall be brought to an end and, if when all payments by way of freight equalization have been made and all other liabilities and sums properly payable there out have been met there remains a final net balance at the credit of the Fund, the amount thereof may be applied, in such manner as the Commonwealth Coal Board thinks fit, in relief of freight rates or other charges in respect of coal carried or to be carried interstate or to such other purposes as to that Board appears just.

              

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