National Security (Disposal of Commonwealth Property) Regulations (Amendment) (Cth)

STATUTORY RULES.

1944. No. 136.

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REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1943.*

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the National Security Act 1939-1943.

Dated this thirteenth day of September, 1944.

WINSTON DUGAN

Administrator.

By His Excellency’s Command,

JOHN A. BEASLEY

for and on behalf of the Minister of State for Defence.

 

Amendments of the National Security (Disposal of Commonwealth Property) Regulations. 

1. Regulation 4 of the National Security (Disposal of Commonwealth Property) Regulations is repealed and the following regulation inserted in its stead:—

Commonwealth Disposals Commission.

“4.—(1.) For the purposes of these Regulations, there shall be a Commonwealth Disposals Commission, which shall be a body corporate with perpetual succession and a common seal.

“(2.) The Commission shall consist of five members—

(a) one of whom shall be the Chairman;

(b) one of whom shall be the Deputy Chairman of the Commission; and

(c) one of whom shall be a representative of the Department of the Treasury.

 

* Notified in the Commonwealth Gazette on 13th September, 1944.

  Statutory Rules 1944, No. 87.

5671.—Price 3d.

“(3.) The members of the Commission shall be appointed by the Minister and shall hold office, during the pleasure of the Minister, on such terms and conditions as the Minister determines:

Provided that, where a member of the Commission is an officer of the Public Service of the Commonwealth, no salary, fee or allowance shall be paid to him under this regulation except with the authority of the Public Service Board.

“(4.) A member of the Commission shall not be personally liable for any act of the Commission or for any act done by him as a member.

“(5.) The powers of the Commission shall not be affected by reason of there being a vacancy in the membership of the Commission.

“(6.) The Commission may permit any person to attend a meeting of the Commission in an advisory capacity and any such person shall be entitled to address the Commission and take part in its deliberations but shall not be entitled to vote or be counted for the purposes of a quorum.”.

Meetings of the Commission.

2. Regulation 5 of the National Security (Disposal of Commonwealth Property) Regulations is amended by omitting sub-regulation (5.) and inserting in its stead the following sub-regulations:—

“(5.) All questions before the Commission shall be decided by a majority of votes of the members present, but, if, immediately after any decision is made, any member so requests, the person presiding shall refer the decision to the Minister.

“(5a.) Upon any decision being so referred, the Minister may disallow the decision or may confirm the decision with such variations (if any) as he specifies.

“(5b.) No action shall be taken in respect of any decision so referred unless it is confirmed by the Minister and then only subject to such variations (if any) as have been specified by the Minister.”.

Delegation.

3. Regulation 6 of the National Security (Disposal of Commonwealth Property) Regulations is amended by omitting sub-regulation (3.) and inserting in its stead the following sub-regulation:—

“(3.) Any contract or agreement in writing entered into by the Commission may be executed on behalf of the Commission by the Chairman or by a person thereto authorized by the Commission.”.

4. The National Security (Disposal of Commonwealth Property) Regulations are amended by adding at the end thereof the following regulation:—

General Manager and Secretary.

“8. For the purposes of these Regulations, there shall be a General Manager and a Secretary to the Commission, each of whom shall be appointed by the Minister and shall hold office, during the pleasure of the Minister, on such terms and conditions as the Minister determines on the recommendation of the Public Service Board:

Provided that, where either of those officers is an officer of the Public Service of the Commonwealth, no salary, fee or allowance shall be paid to him under this regulation except with the authority of the Public Service Board.”.

 

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