National Security (General) Regulations (Amendment) (Cth)

STATUTORY RULES.

1945. No. 20.

 

REGULATION UNDER THE NATIONAL SECURITY ACT 1939-1943.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the National Security Act 1939-1943.

Dated this twenty-first day of February, 1945.

HENRY

Governor-General.

 

By His Royal Highness’s Command,

W. P. ASHLEY

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

 

Amendment of the National Security (General) Regulations.

Regulation 66 of the National Security (General) Regulations is repealed and the following regulation inserted in its stead:—

Handling and conveyance of service munitions.

“66.—(1.) If it appears to the Minister to be necessary or expedient so to do in the interests of the defence of the Commonwealth or the efficient prosecution of the war, he may, by order, make provision for or in relation to the carriage of service munitions by land, sea or air, from any part of a port to any other part of that port, or from, or from near, any port or place in Australia to that or any other port or place, whether in or outside Australia, and, in particular, but without limiting the generality of the foregoing, for or in relation to—

(a) the mooring or berthing of a ship at a specified wharf or place in a port, or shifting ship in port, for the purpose of—

(i) loading, unloading or otherwise handling service munitions;

 

* Notified in the Commonwealth Gazette on 23rd February, 1945.

Statutory Rules 1939, No. 87, as amended to date. For previous National Security (General) Regulations see footnote   to Statutory Rules 1943, No. 82, and see also Statutory Rules 1943, Nos. 88, 99, 123, 137, 224 and 278; and 1944, Nos. 9, 19, 55, 83, 113 and 131.

7551.—Price 3d.

 

(ii) loading, unloading or otherwise handling other cargo while service munitions are on board;

(iii) effecting repairs to the ship while service munitions are on board; or

(iv) taking on board fuel, stores, water or provisions, while service munitions are on board;

(b)the carriage of service munitions, whether or not in a manner or at a place involving the contravention of any law which would otherwise apply;

(c) the stacking or storage on any wharf or jetty, or in any shed or warehouse on or adjoining any wharf or jetty, of service munitions unloaded from, or intended to be loaded into, any ship or vehicle for conveyance to some other port or place;

(d)the safety precautions to be observed during any of the operations mentioned in this sub-regulation; and

(e) any other matter incidental to or arising out of the carriage or stacking or storage of service munitions in respect of which the Minister considers that it is necessary or desirable that an order be made.

“(2.) A person or persons may be authorized by the Minister, by order, to exercise a general power of personal supervision and direction over any operation mentioned in this regulation.

“(3.) An order may, as the case requires, be addressed to and served upon—

(a)the master, owner or charterer of any ship, or the agent of any such person;

(b)any master stevedore, wharfinger or other person who, as a contractor, engages in any port area in the loading or unloading of ships or in operations incidental to the loading or unloading of ships;

(c) any master lighterman or barge owner operating in any port area;

(d)any harbour or port authority or the owner, lessee, or occupier of any wharf or place at, on, or in which goods are received for loading or are unloaded, stacked or stored;

(e) the owner or agent of any vehicle or aircraft; or

(f) the proper authority of any air, railway or road transport service,

or, in the case of an order prescribing safety precautions, may be made so as to apply to persons generally or to persons included in a class of persons specified in the order.

“(4.) An order shall be deemed to have been sufficiently served upon or brought to the notice of a person affected thereby if the order, or a copy thereof, has been—

(a) published in the Gazette;

(b)pasted up in a prominent position at or near a place of employment of that person;

(c) served on that person personally,

(d)sent by post to that person at his last-known place of abode or business; or

 

(e)in the case of a company, sent by post to the registered office of the company, or served personally on the manager, secretary or other executive officer of the company.

“(5.) An order applicable to persons generally or to persons included in any class of persons specified in the order shall be published in the Gazette.

“(6.) A person to whom an order is addressed or applies shall comply with the provisions of the order and with all directions issued to him in pursuance of the order.

“(7.) Where an order has been made in relation to any consignment or cargo of service munitions, no restriction imposed in relation to the carriage, stacking or storage of such or similar goods, imposed by or under the law of any State shall, insofar as it conflicts with or is inconsistent with that order, or would interfere with operations affected by that order, have any application or effect in relation to that consignment or cargo.

“(8.) In this regulation—

‘carriage’ includes loading, unloading, handling, stowage, conveyance and discharge;

‘order’ means an order made under this regulation;

‘owner’, in relation to a ship, includes a person operating or managing a ship on behalf of the Commonwealth;

‘service munitions’ includes—

(a) shells, cartridges, rockets, grenades, bombs, torpedoes, mines and depth charges, charged with any explosive or incendiary substance;

(b) explosives or incendiary substances;

(c) aviation or motor spirits (including drums or other containers from which aviation or motor spirit has been emptied, but which have not been effectively cleansed to ensure that they are free of all residue and vapour of the spirit), lighting kerosene and any other inflammable liquid having a flash point not higher than 150 degrees Fahrenheit, (as determined in the manner specified in the British Board of Trade Memorandum relating to the Carriage of Dangerous Goods and Explosives in Ships); and

(d) dangerous chemicals;

used or capable of being used for naval, military or air force purposes;

‘ship’ includes every boat or other description of vessel used for any purpose on the sea or in navigation not ordinarily propelled by oars only;

‘the Minister’ means the Minister of State for Supply and Shipping.

“(9.) In this regulation, any reference to loading or to unloading shall be construed as including a reference to putting on board, or unloading from, seaplanes or flying-boats, as the case may be, and any reference to ships shall be construed as including a reference to seaplanes and flying-boats.”.

 

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