National Security (Coal) Regulations (Cth)

STATUTORY RULES.

1940. No. 61.

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REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939.*

I, THE DEPUTY OF 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 eleventh day of April, 1940.

WAKEHURST

Deputy of the Governor-General.

By His Excellency’s Command,

F. STEWART

for Minister of State for Defence Co-ordination.

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National Security (Coal) Regulations.

Citation.

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

Definitions.

2. In these Regulations—

“Electric Light Company” and “Gas Company” include respectively any electric light or gas undertaking of a local authority;

“person, firm, company or authority” means—

(a) in relation to the possession or use of coal or coke, the person, firm, company or authority on the premises of whom or which the coal or coke is stored or consumed;

(b) in relation to the supply and receipt of coal or coke, the person, firm, company or authority who received payment or pays for the coal or coke; and

(c) in relation to the use or consumption of electric current or gas, the person, firm, company or authority liable to pay the company or other authority supplying the electric current or gas for electric current or gas used or consumed on the premises and includes the owner or occupier of the premises on which the electric current or gas is used or consumed;

 

* Notified in the Commonwealth Gazette on 11th April, 1940.

2233.—Price 3d.

 

“the Department” means the Department of Supply and Development;

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

“the Secretary” means the Secretary, Department of Supply and Development.

Returns by persons holding stocks of coal or coke.

3.—(1.) Subject to this regulation, every person, firm or company and any authority constituted under the Commonwealth or any State possessing, whether for industrial purposes or not, more than 10 tons of coal or coke shall, before noon on the fifteenth day of April, 1940, or within such further time as the Minister approves, submit to the Secretary specified in the next succeeding sub-regulation, a return verified by statutory declaration setting forth the quantity and nature of the coal or coke possessed by him or it at midnight on the eleventh day of April, 1940, and the place at which such coal or coke is stored and shall, at such times, or within or in respect of such periods, as are notified by the Minister from time to time by notice published in the Gazette, submit to the Secretary returns similarly verified setting forth similar particulars regarding the coal or coke possessed by him or it.

(2.) The addresses to which returns in accordance with sub-regulation (1.) of this regulation are to be forwarded are the following, viz.:—

(a) In respect of coal held in the State of New South Wales— Care of Contract Office, Circular Quay West, Sydney;

(b)In respect of coal held in the State of Victoria—83 William-street, Melbourne;

(c) In respect of coal held in the State of Queensland—334 Queen-street, Brisbane;

(d) In respect of coal held in the State of South Australia— Care of Money Order Branch, General Post Office, Adelaide;

(e) In respect of coal held in the State of Western Australia— Care of Contract Board Office, Commonwealth Bank Building, Perth;

(f) In respect of coal held in the State of Tasmania—Care of Taxation Department, Hobart.

(3.) Where the Secretary so directs, by notice published in the Gazette, returns required to be submitted in accordance with sub-regulation (1.) of this regulation shall be submitted to the person specified in such notice instead of to the Secretary.

Production of books and records.

4. The Minister or the Secretary or any person authorized in that behalf by the Minister or the Secretary may, by notice in writing—

(a) require any person who deals or has dealt in coal or coke to produce for inspection, at any reasonable hour in the day time, his books and records showing the dealings by him in coal or coke since the date of the commencement of these Regulations, and to answer any questions in relation thereto put by the person making the inspection; or

(b) require any person to furnish to the Department a statutory declaration stating—

(i) whether he has, since the date of the commencement of these Regulations, received or supplied any coal or coke; and, if so,

(ii) the name of the person or persons from whom or to whom any coal or coke was received or supplied; and

(iii) the date or dates upon which any coal or coke was received or supplied; and

(iv) the quantities of coal or coke received or supplied.

Date of exhaustion of stocks of coal on hand.

5. Any of the following persons, firms, companies or authorities, namely—

(a) any Railway Department of the Commonwealth or a State;

(b) any public tramway company or trust;

(c) any electric light company;

(d) any gas company;

(e) any public hospital;

(f) any person, firm, or company carrying on the business of refrigerating perishable produce;

(g) any factory which is manufacturing goods for the Defence services;

(h) any flour mill;

(i) any newspaper office; or

(j) any butchering, baking, or dairy produce establishment, or fish store,

in possession of more than 10 tons of coal at midnight on the eleventh day of April, 1940, shall, when submitting a return of such coal under regulation three of these Regulations, state the date at which such coal will be exhausted at the present rate of consumption for his or its industrial purposes.

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