National Security (Internal Combustion Engines) Regulations (Cth)

STATUTORY RULES.

1943. No. 208.

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1943.*

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 1939-1943.

Dated this sixteenth day of August, 1943.

Deputy of the Governor-General.

By His Excellency’s Command,

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

 

National Security (Internal Combustion Engines) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Internal Combustion Engines) Regulations.

Administration.

2. These Regulations shall be administered by the Minister of State for War Organization of Industry.

Objects.

3. The objects of these Regulations are to establish an organization to control the importation, production and distribution of internal combustion engines during the war so as to secure the maintenance of supplies for the Defence Force and for essential purposes, and also to secure economy in the use of the man power and resources of Australia, and these Regulations shall be administered accordingly.

Definitions.

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

“authorized officer” means a person authorized by the Committee to act as an authorized officer for any of the purposes of these Regulations;

“engine” means internal combustion engine, and includes any part of an internal combustion engine, but does not include an internal combustion engine designed for use in aircraft;

 

* Notified in the Commonwealth Gazette on , 1943.

4511.—Price 5d. 27/21.7.1943.

“member” means a member of the Committee;

“the Chairman” means the Chairman of the Committee;

“the Committee” means the Internal Combustion Engine Control Committee constituted under these Regulations.

Internal Combustion Engine Control Committee.

5.—(1.) For the purposes of these Regulations there shall be an Internal Combustion Engine Control Committee.

(2.) The Committee shall consist of a Chairman, who shall be appointed by the Minister of State for War Organization of Industry, and six other members, namely—

(a) a representative of the Treasury, who shall be appointed by the Treasurer;

(b) a representative of the Department of Trade and Customs, who shall be appointed by the Minister of State for Trade and Customs;

(c) a representative of the Department of Munitions, who shall be appointed by the Minister of State for Munitions;

(d) a representative of the Department of Commerce and Agriculture, who shall be appointed by the Minister of State for Commerce and Agriculture;

(e) a representative of the Director-General of Man Power, who shall be appointed by the Director-General of Man Power; and

(f) a representative of the Prices Branch of the Department of Trade and Customs, who shall be appointed by the Commonwealth Prices Commissioner.

(3.) A member shall hold office during the pleasure of the Minister or person by whom he was appointed.

(4.) The powers and functions conferred on the Committee by these Regulations shall not be affected by reason only of there being a vacancy in the membership of the Committee.

(5.) The Chairman shall be responsible for carrying out the decisions of the Committee.

Deputies of Chairman and members.

6.—(1.) A Minister or person empowered to appoint a member may, in respect of that member, appoint a person to be the deputy of that member, and any person so appointed shall, in the event of the illness or absence of the member of whom he is the deputy, have all the powers and functions of that member during his illness or absence, including, in the case of the Chairman, the powers and functions of the Chairman, and any reference in these Regulations to a member shall be deemed to include a reference to the deputy of a member.

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

Meetings of the Committee.

7.—(1.) Meetings of the Committee shall be held at such times and places as the Committee from time to time determines.

(2.) The Chairman or any two members may at any time call a meeting of the Committee.

(3.) At any meeting of the Committee four members shall form a quorum.

(4.) The Chairman shall preside at all meetings of the Committee at which he is present.

(5.) All questions before the Committee shall be decided by a majority of votes.

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

Incorporation.

8. The Committee shall be a body corporate with perpetual succession and a common seal.

Indemnity.

9. A member shall not be personally liable for any act of the Committee or for any act done by him as a member.

Delegation of powers.

10.—(1.) The Committee may, in relation to any matters or class of matters, or in relation to any particular State or part of the Commonwealth, by writing under its seal delegate such of its powers and functions under these Regulations (other than this power of delegation) as it thinks fit, so that the delegated powers or functions may be exercised by the delegate with respect to the matters or class of matters, or the State or part of the Commonwealth, specified in the instrument of delegation.

(2.) Where under these Regulations the exercise of any power or function by the Committee is dependent upon the opinion, belief or state of mind of the Committee in relation to any matter, that power or function may be exercised by the delegate upon the opinion, belief or state of mind of that delegate.

(3.) Every delegation shall be revocable at will, and no delegation shall prevent the exercise of any power or function by the Committee.

Powers of Committee.

11.—(1.) The Committee shall have power to regulate, restrict and prohibit the purchase, sale, disposal, distribution, use, keeping and storage of engines, and without limiting the generality of the foregoing, shall have power—

(a) to make such investigations and inquiries as it thinks necessary into—

(i) the stocks of engines in Australia, other than engines used by the Defence Force;

(ii) the numbers of engines required for the defence of the Commonwealth, the efficient prosecution of the war and the essential needs of the civilian population;

(iii) the capacity of any manufacturer to produce engines; and

(iv) the possibility of producing engines of standard types, sizes and designs;

(b) to prepare specifications of engines of standard types, sizes and designs;

(c) to determine the number, types, sizes and designs of engines which should be manufactured in Australia, imported or exported;

(d) to regulate, restrict and prohibit the purchase, acquisition, sale or disposal of engines otherwise than by or to the Commonwealth;

(e) to purchase or otherwise acquire and sell or otherwise dispose of engines, either as principal or as agent;

(f) to establish, or facilitate the establishment of, reserve stocks of engines;

(g) to dispose of, or to direct the disposal of, engines constituting, or being part of, any reserve stock of engines;

(h) to direct any person who has, or will on the happening of any event have, the ownership, possession or control of any engine to supply or deliver that engine to any other person within such period as is specified in the direction; and

(i) to direct any person to make and keep records of the manufacture, purchase, acquisition, sale, disposal, distribution, use, keeping, storage, importation or exportation of engines by him and to furnish such estimates and returns in relation thereto as are specified in the direction.

(2.) The Committee may make such orders, give such directions, enter into such contracts on behalf of the Commonwealth and do all such other things as appear to it to be necessary or expedient for the purposes of these Regulations.

(3.) An order under this regulation may—

(a) be made to apply to any person or persons specified in the order, to the persons included in any class of persons, or to persons generally;

(b) be made to apply either throughout Australia or to any part thereof;

(c) make different provisions with respect to different classes of engines;

(d) exempt any person, or the persons included in any class of persons, from the operation of all or any of the provisions of the order; and

(e) contain such incidental and supplementary provisions as are necessary or expedient for the purposes of the order.

(4.) A direction under this regulation may contain such incidental or supplementary provisions as are necessary for the purposes of the direction.

Certain orders to be gazetted.

12. Any order under these Regulations applicable to the persons included in any class of persons or to persons generally shall be published in the Gazette, but no such order shall be invalid on the ground only that it has not been so published.

Notice of directions.

13. A copy of any direction given under these Regulations shall be served personally or by post upon each person affected thereby and thereupon each such person shall comply with the direction.

Authentication of orders, notices, directions and the requirements.

14. Any order or direction under these Regulations shall be sufficiently authenticated if signed by the Chairman on behalf of the Committee and any order, notice 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 Committee.

Power to enter and search.

15. With a view to securing compliance with these Regulations or with any order made or direction given thereunder, an authorized officer may—

(a) enter and inspect any premises used for manufacturing, distributing, using, keeping or storing engines;

(b) make copies of, or take extracts from, any books, accounts or documents relating to engines; and

(c) stop any person engaged in the carriage of any engine and search any vehicle or container used in connexion with that carriage.

Annual Report.

16. The Committee shall, as soon as practicable after the thirtieth day of June and the thirty-first day of December in each year, and at any other time when required by the Minister, report to the Minister generally as to the operation of these Regulations.

 

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