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

STATUTORY RULES.

1945. No. 64.

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 second day of May, 1945.

HENRY

Governor-General.

By His Royal Highness’s Command,

JOHN J. DEDMAN

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

 

Amendment of the National Security (General) Regulations.

Regulation 59aa of the National Security (General) Regulations is amended—

Restriction of new manufactures.

(a) by omitting paragraph (a) of sub-regulation (1.) and inserting in its stead the following paragraph:—

“(a) manufacture, treat or produce for commercial or industrial purposes any goods, or any part of any goods, unless the goods do not, in description, make, form, style, type, design or composition differ from goods which that person was manufacturing, treating or producing for commercial or industrial purposes at some date within the period which commenced on the 23rd day of July, 1942, and ended on the 23rd day of October, 1942; or”;

 

* Notified in the Commonwealth Gazette on 3rd May, 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; 1944, Nos. 9, 19, 55, 83, 113 and 131; and 1945, Nos. 18, 20, 40, 47, 50, 57 and 58.

3819.—Price 3d.

 

(b) by omitting from sub-paragraph (b) of sub-regulation (1.) the words “at the date of commencement of this regulation.” and inserting in their stead the words “at some date within the period which commenced on the 23rd day of July, 1942, and ended on the 23rd day of October, 1942.”;

(c) by omitting sub-regulation (2.);

(d) by omitting sub-regulation (3.) and inserting in its stead the following sub-regulation:—

“(3.) Sub-regulation (1.) of this regulation shall not apply to—

(a) the manufacture, treatment or production by any person of any goods (other than goods included in a class of goods declared by the Minister, by order published in the Gazette, to be a class of goods to which this paragraph shall not apply) if and so long as—

(i) that person does not, in that manufacture, treatment or production, use any labour other than his own personal labour or employ or contract for the use of any labour; and

(ii) that person has a permit in writing to his using his own labour in that manufacture, treatment or production, granted by an officer authorized by the Director-General of Man Power to grant permits for the purposes of this paragraph;

(b) the manufacture, treatment or production by any person of any goods which differ only in style or design from goods which that person was manufacturing, treating or producing at some date within the period which commenced on the 23rd day of July, 1942, and ended on the 23rd day of October, 1942, and the manufacture, treatment or production of which has not, since that last-mentioned date, involved any alteration, readjustment, provision or installation of machinery, tools, gauges, dies or fixtures at a capital cost exceeding One hundred pounds or, in the case of hired machinery, tools, gauges, dies or fixtures, at a hiring cost exceeding the rate of Fifteen pounds per annum;

(c) the manufacture, treatment or production of any goods, being part of an article the whole of which is being manufactured, treated or produced either in pursuance of a consent under this regulation or in such circumstances that this regulation does not apply;

 

(d) the manufacture, treatment or production by any person of any goods—

(i) in pursuance of a contract existing between that person and the Commonwealth at the time of such manufacture, treatment or production; or

(ii) which any officer authorized by the Director-General of Munitions or the Secretary, Department of Munitions, or the Director-General of Aircraft Production or the Secretary, Department of Aircraft Production to give certificates for the purposes of this paragraph certifies to be required to be manufactured, treated or produced by that person for the purposes of any contract with the Commonwealth;

(e) the manufacture, treatment or production by any person of any goods which are manufactured, treated or produced on any premises in the course of operations which are normally carried on during some seasons of the year only and which have been carried on during those seasons by that person on those premises during the two years immediately preceding the date of commencement of this regulation;

(f) the establishing, commencing or carrying on of any enterprise, business or undertaking for the conduct of agricultural, horticultural, viticulture, grazing, dairy farming, poultry farming, market gardening, beekeeping or fishing operations or the rearing of livestock, or to the production of any goods in the course of any such operations; or

(g) the manufacture, treatment or production of any goods included in a class of goods, or the establishing, commencing or carrying on 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 a class of goods, enterprises, businesses or undertakings to which this regulation shall not apply.”;

(e) by omitting from sub-regulation (4.) the words “in his absolute discretion,”;

(f) by omitting from sub-regulation (6.) the words “in his absolute discretion,”;

 

(g) by inserting in that sub-regulation, after the word “necessary”, the words “in the interests of the more effectual prosecution of the war”; and

(h) by inserting after sub-regulation (6.) the following sub-regulation:—

“(6a.) The Minister shall not refuse an application for consent under this regulation, or revoke any such consent, unless, in his opinion, the granting or continuance of the consent would be prejudicial to the effectual prosecution of the war.”.

 

By Authority: L. F.