National Security (Emergency Supplies) Regulations (Cth)

STATUTORY RULES.

1941. No. 60.

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 twentieth day of March, 1941.

GOWRIE

Governor-General.

By His Excellency’s Command,

EARLE PAGE

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

 

National Security (Emergency Supplies) Regulations.

Citation.

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

Administration.

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

Objects.

3. The object of these Regulations is to secure a sufficient supply in all parts of Australia of commodities essential to the life and health of the community in the event of any emergency arising out of the exigencies of war, which disturbs or dislocates, or threatens to disturb or dislocate, normal transport or trading facilities, and these Regulations shall be administered accordingly.

Definitions.

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

“administrative authority” means an authority constituted under regulation 6 of these Regulations;

“prescribed goods” means any goods declared by the Minister under regulation 7 of these Regulations to be prescribed;

“regional area” means any area established by or under regulation 5 of these Regulations as a regional area;

“the Minister” means the Minister of State for Commerce.

 

* Notified in the Commonwealth Gazette on 20th March, 1941.

1469.—Price 3d

 

Regional area.

5.—(1.) Subject to sub-regulation (2.) of this regulation, each State and each Territory of the Commonwealth shall be a regional area for the purposes of these Regulations.

(2.) The Minister may direct that the whole or any part of any Territory of the Commonwealth shall, for the purposes of these Regulations, form part of a regional area constituted by a State, and, thereupon, subject to the consent of the Governor in Council of that State, the whole or part, as the case may be, of that Territory shall, for the purposes of these Regulations, form part of the regional area constituted by that State.

Administrative authority.

6. There shall be an administrative authority for each regional area which shall consist of such members as are appointed by—

(a) in the case of a regional area constituted by a State, or by a State together with the whole or part of any Territory of the Commonwealth—the Governor in Council of that State; or

(b)in the case of a regional area constituted by the whole or part of any Territory or Territories of the Commonwealth—the Minister.

Prescribed goods.

7.The Minister may, for the purposes of these Regulations, and of any rules made thereunder, declare goods to be prescribed in respect of all regional areas or in respect of the whole or part of any regional area.

Year and month of manufacture to be indicated on prescribed goods.

8. Any person who manufactures or produces any goods which, at the time of manufacture or production, are prescribed goods in respect of the whole or part of any regional area, whether or not the goods are manufactured or produced in that regional area, shall mark, or cause to be marked, on the goods, or on the outer covering of any container, package or wrapping containing the goods, words sufficiently indicating the month and year in which the goods are manufactured or produced.

Minister may order supply and delivery of any prescribed goods.

9.—(1.) The Minister may, by order in writing, require any person who manufactures, produces, deals in or has control of any goods, which are prescribed goods in any part of Australia, to supply and deliver to the Minister, or to such person as is specified in the order, such of those goods as are specified in the order, and that person shall, within such period as is specified in the order, supply and deliver those goods accordingly.

(2.) Upon receipt of an order in pursuance of the last preceding sub-regulation, the person to whom the order is directed shall take action to ensure that the manufacture, production or supply, as the case may be, of the prescribed goods specified in the order shall, to the necessary extent, be given priority over all other business in which that person is engaged.

(3.) The period specified in the order with respect to any prescribed goods shall be a period of time within which, in the opinion of the Minister, it is possible for the goods to be delivered, having regard to all 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.

Rules for control of prescribed goods.

10.—(1.) Subject to these Regulations, and to any order or direction of the Minister made or given in pursuance of these Regulations—

(a)in the case of a regional area constituted by a State, or by a State together with the whole or part of any Territory of the Commonwealth—the Governor in Council of that State; or

(b)in the case of a regional area constituted by the whole or part of any Territory or Territories of the Commonwealth—the Minister,

may make rules for the purpose of ensuring, in respect of that regional area, the provision of emergency stocks of prescribed goods in any part of that area, and, without limiting the generality of the foregoing provisions, for providing for one or more or all of the following:—

(i) the furnishing of returns with respect to stocks of prescribed goods;

(ii) the taking of possession of, and the limitation or prohibition of the sale, use or consumption of, prescribed goods;

(iii) the regulation and control of the manufacture, production, storage, supply and distribution of prescribed goods;

(iv) arrangements for the transport of prescribed goods;

(v) the registration of persons concerned in production, manufacture, distribution, storage or sale of prescribed goods; and

(vi) all matters incidental to any of the foregoing provisions of this sub-regulation.

(2.) All rules made in pursuance of the last preceding sub-regulation shall forthwith be published—

(a)in the case of rules made by the Governor in Council of a State—in the Government Gazette of that State; and

(b) in the case of rules made by the Minister—in the Gazette.

(3.) Copies of all rules made by the Governor in Council of a State in pursuance of sub-regulation (1.) of these regulations shall, within fourteen days after the making thereof, be supplied to the Minister, and the Governor-General may, at any time, by notice published in the Gazette, disallow any such rule and the disallowance shall have the same effect as a repeal of the rule.

(4.) The provisions of sub-regulations (2.) and (3.) of this regulation shall be construed as being in addition to the provisions of sub-section (5.) of section 5 of the National Security Act 1939–1940.

Administrative expenses.

11. Where an administrative authority is constituted—

(a) by a State; or

(b)by a State together with the whole or part of any Territory of the Commonwealth,

the administrative expenses of that administrative authority shall be borne by that State but, in any case to which paragraph (b) of this

regulation applies, the Commonwealth shall pay to the State such share of those expenses as is agreed upon by the Commonwealth and that State.

Interest and guarantees in respect of bank overdrafts.

12. The Commonwealth may enter into an arrangement with any State providing for the shares for which the Commonwealth and that State will be liable in respect of—

(a)interest payable to any bank on any moneys advanced by way of overdraft by that bank and employed in the provision of stocks of prescribed goods for the purposes of these Regulations; and

(b) losses arising out of indemnities given to the Commonwealth Bank of Australia in respect of advances made by that Bank, and in respect of guarantees given by that Bank to trading banks for the purposes of these Regulations.

 

By Authority: L. F.