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

STATUTORY RULES.

1942. No. 467.

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REGULATION 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 Regulation under the National Security Act 1939-1940.

Dated this twenty-third day of October, 1942.

GOWRIE

Governor-General.

By His Excellency’s Command,

JOHN J. DEDMAN

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

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Amendment of the National Security (General) Regulations.

After regulation 59 of the National Security (General) Regulations the following regulation is inserted:—

Restrictions on new manufactures.

“59aa.—(1.) A person shall not, without the consent in writing of the Minister—

(a) manufacture, treat or produce for commercial or industrial purposes any goods, or any part of any goods, unless the goods are of a description, make, form, style, type, design or composition which that person was manufacturing, treating or producing for commercial or industrial purposes at the date of commencement of this regulation; or

(b)establish, commence or carry on any enterprise, business or undertaking, or any part of any enterprise, business or undertaking, for the manufacture, treating or production for commercial or industrial purposes of any goods, or any part of any goods, on any premises on which he was not carrying on the enterprise, business or undertaking, or part thereof, at the date of commencement of this regulation.

“(2.) For the purposes of this regulation, a person shall be deemed to be manufacturing, treating or producing goods, or part of any goods, of a particular description, make, form, style, type, design or composition, or to be carrying on an enterprise, business or undertaking

 

* Notified in the Commonwealth Gazette on 23rd October, 1942.

Statutory Rules 1939, No. 87, as amended to date. For previous National Security (General) Regulations, see footnote   to Statutory Rules 1942. No. 308, and see also Statutory Rules 1942, Nos. 357, 373, 374, 405 and 448.

7398.—Price 3d.

 

or part thereof, on particular premises, at the date of commencement of this regulation, if he manufactured, treated or produced goods, or part of any goods, of that description, make, form, style, type, design or composition, or carried on that enterprise, business or undertaking, or part thereof, on those premises, as the case may be, within theperiod of three months prior to that date.

“(3.) This regulation shall not apply to the manufacture, treating or production of any goods, or of part of any goods, or to the establishment, commencing or carrying on of any enterprise, business or undertaking, or of any enterprise, business or undertaking included in a class of enterprises, businesses or undertakings, declared by the Minister, by order published in the Gazette, to be goods or an enterprise, business or undertaking, or class thereof, to which this regulation shall not apply.

“(4.)Where application is made for the consent of the Minister under this regulation, the Minister may, in his absolute discretion, grant consent, either unconditionally or subject to such conditions as he thinks fit, or may refuse to grant consent.

“(5.) Where the consent of the Minister is granted subject to conditions, a person shall comply with all such conditions as are applicable to him.

“(6.) Where the consent of the Minister is granted, whether unconditionally or subject to conditions, the Minister may, in his absolute discretion, at any time, by notice in writing, give to the person to whom the consent was granted such directions in relation to the manufacture, treating or production of the goods, or part of any goods, or to the establishment, commencement or carrying on of the enterprise, business or undertaking, or part thereof, as the Minister thinks necessary, or may revoke the consent.

“(7.) A person shall not—

(a)manufacture, treat or produce, or continue the manufacture, treating or production of, any goods, or part of any goods, or establish, commence or continue to carry on any enterprise, business or undertaking, or any part thereof, in respect of which directions have been given to him under the last preceding sub-regulation, otherwise than in accordance with those directions; or

(b)manufacture, treat or produce, or continue the manufacture, treating or production of, any goods, or part of any goods, or establish, commence or continue to carry on any enterprise, business or undertaking, in respect of which the consent of the Minister has been revoked under that sub-regulation.

“(8.) In this regulation—

‘manufacture’ includes putting up or preparing for sale and ‘manufacturing’ and ‘manufactured’ have corresponding meanings;

‘the Minister’ means the Minister of State for War Organization of Industry;

‘treating’ includes mining, quarrying, sawmilling, lime-crushing, and canning and preserving and ‘treat’ and ‘treated’ have corresponding meanings.”.

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