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

STATUTORY RULES.

1940. No. 85.

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REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939.*

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.

Dated this fourteenth day of May, 1940.

GOWRIE

Governor-General.

By His Excellency’s Command,

ROBERT G. MENZIES

Minister of State for Defence Co-ordination.

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Amendment of the National Security (Coal) Regulations.

After regulation 11 of the National Security (Coal) Regulations the following regulations are added:—

Power to requisition coal.

“12.—(1.) A Minister may, if in his opinion the supply of coal is endangered or likely to be endangered, by order acquire coal on behalf of the Commonwealth.

“(2.) Any such order may relate to coal won from time to time or within any specified period or periods from any particular coal mine, or from some or all of the coal mines in any particular district or part of Australia, or from all of the coal mines in Australia, which is at the pit head or, if so specified in the order, which is at the point of production or between that point and the pit head.

“(3.) Notice of the making of any order may be given to the owner of the mine to which it relates, either—

(a) by the publication of a copy of the order in the Gazette; or

(b)by the service of a copy of the order upon the owner or person in charge of the mine.

“(4.) Upon notice of the making of the order being given, the coal shall vest in the Commonwealth, and the owner of the coal mine shall comply as soon as is reasonably practicable, or from time to time, as the case may be, with all directions given by any person (in this regulation referred to as ‘an authorized person’) thereto authorized in writing for the purposes of the order, by a Minister.

“(5.) The owner of any coal mine from which coal is acquired in pursuance of this regulation shall deliver to the Government of the State in which the coal is situated, or shall permit or suffer that Government to take delivery or possession of, the coal acquired.

 

*Notified in the Commonwealth Gazette on 14th May, 1940.

  Statutory Rules 1940. No. 61, as amended by Statutory Rules 1940, No. 79.

2980.––Price 3d.

 

“(6.) The compensation payable to the owner of any coal mine from whom coal is acquired in pursuance of this regulation shall be an amount equal to the cost of producing the coal, plus the additional cost (if any) of bringing it to the place of acquisition.

“(7.) If any dispute arises with respect to the cost of the production, or bringing to the place of acquisition, of any coal, the price shall be determined by arbitration in accordance with the laws of the State in which the coal is acquired.

“(8.) The compensation payable in pursuance of either of the last two preceding sub-regulations shall be paid by the Government of the State to which the coal is delivered, or which is permitted or suffered to take delivery or possession of the coal, and such payment by the State is hereby guaranteed by the Commonwealth.

Distribution and sale of acquired coal.

“13.—(1.)The Government of any State to which coal is delivered or which takes delivery or possession of coal in pursuance of the last preceding regulation shall be charged with the duty of distributing, selling or otherwise disposing of the coal.

“(2.) The selling price of coal sold by the Government of a State in pursuance of this regulation shall be such price as is determined by that Government.

Insurance of mine owner against sabotage.

“14.—(1.)If any coal mine, in or at which coal is acquired in pursuance of regulation 12of these Regulations, or any building, vehicle,machinery, apparatus or other thing used, or intended to be used or capable of being used, for the purposes of working the coal mine, is destroyed or damaged, or if its efficiency is impaired or its working impeded, the Commonwealth shall pay to the owner of the coal mine compensation in respect of any loss thereby sustained by him, not being loss of good-will or profits, provided a Minister is satisfied that the owner holds a policy of insurance, which is of full force and effect, against all insurable risks in respect of the coal mine.

“(2) Compensation payable under this regulation shall, in the absence of agreement, be determined by arbitration in accordance with the laws of the State in which the coal mine is situated.

Cancellation of contracts.

“15. All contracts and agreements existing on the fourteenth day of May, One thousand nine hundred and forty, for the supply of coal by the owners of coal mines on whom notices under regulation 9 of these Regulations have been served or from whom coal is acquired in pursuance of regulation 12 of these Regulations are hereby cancelled:

Provided that nothing in this regulation shall affect any rights or obligations under any contract or agreement to which this regulation applies, in respect of coal delivered before the date of this regulation.”.

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By Authority: L.