National Security (External Territories) Regulations (Amendment) (Cth)

STATUTORY RULES.

1943. No. 139.

 

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.*

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 1939-1940.

Dated this twenty-sixth day of May, 1943.

Deputy of the Governor-General.

By His Excellency’s Command,

J. M. FRASER

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

 

Amendments of the National Security (External Territories) Regulations. 

Parts.

1. Regulation 2a of the National Security (External Territories) Regulations is amended by adding at the end thereof the words “Part IV.—Control of Industries.”.

2. The National Security (External Territories) Regulations are amended by adding at the end thereof the following Part:—

“Part IV.—Control of Industries.

Administration.

“25. This Part shall be administered by the Minister of State for External Territories.

Commencement.

“26. This Part shall come into operation on a date to be fixed by the Minister, by notice in the Gazette.

Definitions.

“27. In this Part, unless the contrary intention appears—

‘Australian New Guinea’ means the Territory of Papua and the Territory of New Guinea;

‘lessee’ includes a sub-lessee and any person who would, but for the operation of regulation 24 of these Regulations, be the lessee of any land in the Territory and also includes the agent of any lessee, sub-lessee or of any such person;

 

* Notified in the Commonwealth Gazette on , 1943.

  Statutory Rules 1942, No. 200, as amended by Statutory Rules 1942, No. 349.

2809.—Price 5d. 25/21.5.1943.

‘member’ means a member of the Board and includes the Chairman and a deputy of a member;

‘the Board’ means the Australian New Guinea Production Control Board established under this Part;

‘the Deputy Chairman’ means the person appointed to be the deputy of the Chairman of the Board;

‘the General Officer Commanding’ means the General Officer Commanding, New Guinea Force;

‘the Territory’ means Australian New Guinea.

Establishment of Board.

“28.—(1.) For the purposes of this Part there shall be an Australian New Guinea Production Control Board, which shall be a body corporate with perpetual succession and a common seal.

“(2.) The Board shall consist of—

(a)a Chairman, who shall be an officer of the Defence Force appointed by the General Officer Commanding;

(b) a person having a knowledge of tropical agriculture;

(c) a person with experience in the supply of stores; and

(d) a person with experience in accounting and finance.

“(3.) A vacancy in the office of a member of the Board shall not invalidate the proceedings of the Board.

Location of principal office of the Board.

“29. The principal office of the Board shall be located in the Territory of Papua.

“30. The members of the Board (other than the Chairman) shall be appointed by the Minister on such terms and conditions as he determines and shall hold office during his pleasure.

Deputies of members.

“31.—(1.) The General Officer Commanding may appoint a person to be the deputy of the Chairman and the Minister may appoint a person to be the deputy of any other member.

“(2.) A deputy appointed in pursuance of this regulation shall, in the event of the inability of the member of whom he is the deputy to attend any meeting of the Board, be entitled to attend that meeting and shall, in relation to that meeting, have all the powers of that member, and shall be counted in the place of that member for the purposes of any quorum.

“(3.) In addition to the powers mentioned in the last preceding sub-regulation, the person appointed to be the deputy of the Chairman shall have and may exercise, in the event of the illness or absence of the Chairman, all the powers and functions of the Chairman under these Regulations.

“(4.) Any such appointment of a deputy, and any act done by him as such, shall not, in any proceedings, be questioned on the ground that the occasion for his appointment or the exercise of his powers had not arisen or had ceased.

Meetings of the Board.

“32.—(1.) The Chairman of the Board, or, in his absence, the Deputy Chairman, shall preside at all meetings of the Board.

“(2.) The Board shall meet at such times and places as the Chairman from time to time determines.

“(3.) At any meeting of the Board three members shall form a quorum.

“(4.) All questions arising at any meeting of the Board shall be decided by a majority of the votes of the members present.

“(5.) The Chairman or, in his absence, the Deputy Chairman, shall have a deliberative vote and, in the case of an equality of votes, shall also have a casting vote.

“(6.) The Board shall keep a record of its proceedings.

Indemnity to members of the Board.

“33. A member of the Board shall not be personally liable for any act of the Board or of any member acting on behalf of the Board.

Delegation by Board.

“34.—(1.) The Board may, by writing under its seal, delegate any of its powers and functions under this Part in relation to any matters or class of matters, or to any locality, so that the delegated powers and functions may be exercised by the delegate as fully and effectually as by the Board, with respect to the matters or class of matters specified, or the locality denned, in the instrument of delegation.

“(2.) Every delegation in pursuance of the last preceding sub-regulation shall be revocable at will by the Board, by writing under its seal, and no delegation shall prevent the exercise of any power or function by the Board.

Co-option of technical advisers.

“35. The Board may co-opt such technical or specialist advisers as it deems necessary to assist it in carrying out its powers and functions under these Regulations.

Functions of the Board.

“36. Subject to these Regulations, and to any direction of the Minister, the functions of the Board shall be—

(a) to promote and control—

(i) the production of rubber, copra and other primary products in the Territory; and

(ii) any industry therein; and

(b)to arrange for the purchase and transport of those products and the products of any industry,

with a view to securing a maximum supply of those products during the present war.

Lessees may be permitted to enter the Territory.

“37.—(1.) Subject to these Regulations, and subject to such conditions as the Minister determines, the lessee of any land in the Territory, or an employee of the lessee, may, with the permission of the Minister and the concurrence of the General Officer Commanding, enter the Territory for the purpose of carrying on operations for the production of rubber, copra or other primary produce or other products.

“(2.) A person permitted in pursuance of this regulation to enter the Territory shall leave the Territory or any part thereof forthwith upon the order of the General Officer Commanding, and any person thereto authorized by that officer may forcibly remove any person failing to obey any such order.

Terms and conditions of occupation.

“38.—(1.) The lessee of any land in the Territory who is permitted to enter the Territory in pursuance of the last preceding regulation may, upon such terms and conditions as the Minister determines, occupy or re-occupy the land for the purpose of carrying on operations for the production of rubber, copra or other primary produce or other products.

(2.) The occupation or re-occupation of any land in pursuance of this regulation shall not affect the operation of regulation 24 of these Regulations.

“(3.) A lessee who occupies or re-occupies any land in pursuance of this regulation shall—

(a) comply with every term and condition determined by the Minister in relation to the occupation or re-occupation which is applicable to him; and

(b) comply with any directions of the Board as to the manner in which operations on the land are to be carried on or as to any matters incidental thereto or to the operation of this Part.

Sale, delivery and export of produce.

“39.—(1.) A lessee who carries on operations on any land in pursuance of this Part shall sell and deliver to the Board all produce of those operations.

“(2.) The Board may give directions as to the manner in which, and the time and place at which, any such produce shall be sold and delivered.

“(3.) The Board shall be liable to pay for any such produce so sold and delivered such price as is fixed by the Minister.

“(4.) If any person who sells and delivers any produce to the Board in accordance with this regulation is dissatisfied with the price fixed by the Minister for that produce, he may request the Board to refer the question of the price for determination by an arbitrator appointed by the Governor-General, and the price so determined shall be the price payable.

“(5.) A person, other than the Board, shall not, without the consent of the Minister, export from the Territory any rubber, copra or other primary produce, or the products of any industry or any wild rubber or ‘native’ copra.

Inspection of labour.

“40. Subject to such modifications as are determined by the Minister, native labourers employed by a lessee or the Board shall—

(a)in the Territory of Papua, be employed in accordance with the provisions of the Native Labour Ordinance 1941 of that Territory and the Regulations made thereunder; and

(b) in the Territory of New Guinea, be employed in accordance with the provisions of the Native Labour Ordinance 1935-1939 of that Territory and the Regulations made thereunder.

Board may occupy plantations.

“41.—(1.) The Board may take possession of any land in the Territory (including a plantation formerly operated by the Administration of the Territory of Papua or of the Territory of New Guinea) on which operations are not being carried on by the lessee or are not, in the opinion of the Board, being carried on satisfactorily, and may carry on operations on that land for the production (whether immediate or future) of rubber, copra or other primary produce or other products.

“(2.) The produce of any land of which the Board is in possession in pursuance of sub-regulation (1.) of this regulation shall be the property of the Board, and the Commonwealth may pay to any person having an interest in the land such compensation as is fixed by the Minister.

“(3.) If any such person is dissatisfied with the compensation so fixed by the Minister, he may request the Minister to refer the question of the compensation for determination by an arbitrator appointed by the Governor-General and the compensation so determined shall be the compensation payable.

“(4.) The Board shall arrange for the transfer to the Minister of any produce which becomes the property of the Board in pursuance of this regulation.

Sale or disposal of produce by the Minister.

“42. The Minister may sell or otherwise dispose of any produce transferred to him by the Board.

Powers of Board.

“43. Subject to this Part and to any directions of the Minister, the Board may—

(a) make orders and give directions for the purpose of carrying out or exercising its functions and powers under this Part;

(b)purchase any rubber, copra or other primary produce of, or the products of any industry in, the Territory;

(c) purchase and sell stores necessary in connexion with the carrying on of operations on land in pursuance of this Part and arrange for the transport of such stores;

(d) arrange for the collection of, and purchase of, wild rubber and ‘native’ copra;

(e) arrange for the transfer to the Minister of any produce purchased or collected by, or which becomes the property of, the Board pursuant to these Regulations; and

(f) do all other things incidental to the carrying out of its functions under this Part.

Charges on leases in favour of Commonwealth.

“44. Where the Board incurs expenditure in excess of revenue on or in connexion with any land of which it has taken possession in pursuance of regulation 41 of these Regulations or any lessee becomes indebted to the Board in any manner, the amount of such expenditure or indebtedness shall be a first charge in favour of the Commonwealth on the land the subject of the lease and on all fixtures thereon in priority to all other incumbrances whatsoever.

Officers and employees.

“45.—(1.) The Board may, subject to any directions of the Minister, appoint such officers and such casual and temporary employees as it deems necessary for the purposes of this Part, and at such rates of pay and upon such conditions of employment as the Minister determines.

“(2.) Officers and employees appointed under this Part shall not be subject to the provisions of the Commonwealth Public Service Act 1922-1943.

“(3.) Where an officer or employee appointed in pursuance of this Part was, immediately prior to his appointment, an officer of the Public Service of the Commonwealth, his service as an officer or employee under this Part shall, for the purpose of determining his existing and accruing rights, be taken into account as if it were service in the Public Service of the Commonwealth and the Officers’ Rights Declaration Act 1928-1940 shall apply as if this regulation were a section of an Act and that Act and section were specified in the Schedule to the Officers’ Rights Declaration Act 1928-1940.

Australian New Guinea Production Trust Account.

“46.—(1.) For the purposes of this Part, there shall be a Trust Account, to be known as the Australian New Guinea Production Trust Account, which shall be a Trust Account for the purposes of section 62a of the Audit Act 1901-1934.

“(2.) There shall be payable into the Trust Account—

(a)such amounts as are appropriated from time to time by the Parliament for the purposes of the Trust Account;

(b)all moneys received by the Minister or the Board from the sale or disposal of any rubber, copra and other primary produce and the products of any industry of the Territory and of any wild rubber or ‘native’ copra; and

(c) any other moneys received by the Minister or the Board in connexion with the administration of these Regulations.

“(3.) From the Trust Account there shall be payable—

(a) all compensation or other payments which the Commonwealth or the Board is liable to make under this Part;

(b)all costs and expenses of administering this Part (except salaries and travelling allowances of members of the Board); and

(c) amounts due to the Treasurer in respect of advances.

“(4.) Any surplus moneys standing to the credit of the Trust Account at the cessation of operations by the Board may be expended for the benefit of agriculture generally in the Territory or otherwise in such manner as the Minister directs.

“(5.) The accounts of the Board shall be subject to audit by the Auditor-General.

Compliance with directions.

“47. A person shall not refuse or fail to comply with any direction given to or applicable to him under this Part, or under any order made in pursuance of this Part.

Authentication of orders and directions.

“48. An order or direction authorized by this Part to be made or given by the Board shall be sufficiently authenticated if signed by the Chairman or the Deputy Chairman, on behalf of the Board, and any order or direction purporting to have been so signed shall, in the absence of proof to the contrary, be deemed to have been made or given in pursuance of a resolution of the Board.

Operation of National Security (Emergency Control) Regulations.

“49. This Part shall be read subject to the National Security (Emergency Control) Regulations and to any orders made thereunder, whether before or after the commencement of this Part, which are in force for the time being.”.

Repeal of National Security (Copra Control) Regulations.

3.—(1.) The National Security (Copra Control) Regulations (being Statutory Rules 1941, No. 133, as amended by Statutory Rules 1941, Nos. 234 and 239) are repealed.

(2.) All property and rights which are, at the commencement of these Regulations, vested in any Board constituted under the Regulations repealed by this regulation are hereby vested in the Minister, and the Minister shall be subject to all liabilities to which any such Board was subject at that commencement.

 

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