National Security (Interstate Shipments of Coal by Overseas Ships) Regulations (Cth)

Case
No judgment structure available for this case.

STATUTORY RULES.

1942. No. 151.

–––––––––

REGULATIONS 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 Regulations under the National Security Act 1939-1940.

Dated this twenty fifth day of March, 1942.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

for and on behalf of the Minister of State for Defence Co-ordination.

––––––––

National Security (Interstate Shipments of Coal by Overseas Ships) Regulations.

Citation.

1.These Regulations may be cited as the National Security (Interstate Shipments of Coal by Overseas Ships) Regulations.

Incorporation.

2.These Regulations shall be incorporated and read as one with the National Security (Shipping Control) Regulations.

Administration.

3.These Regulations shall be administered by the Minister of State for Commerce.

Repeal.

4.(1.) The National Security (Coal Freights Equalization) Regulations (being Statutory Rules 1941, No. 95) are hereby repealed.

(2.) Notwithstanding the repeal of the National Security (Coal Freights Equalization) Regulations—

(a) moneys standing from time to time at the credit of the Coal Freights Equalization Fund shall continue to be applied for the purposes of those Regulations under the direction of the Minister of State for Commerce; and

(b) subject to the last preceding paragraph all powers conferred by those Regulations upon the Commonwealth Coal Board shall be exercisable by the Commonwealth Coal Commission.

 

* Notified in the Commonwealth Gazette on , 1942.

1832.—Price 3d. 25/11.3.1942.

 

Validation.

5.Notwithstanding the repeal of the National Security (Coal Control) Regulations (being Statutory Rules 1941, No. 33, as amended by Statutory Rules 1941, No. 146) the National Security (Coal Freights Equalization) Regulations and the Order dated the 12th June, 1941, made or purporting to be made under the authority of the National Security (Coal Freights Equalization) Regulations shall be deemed to have remained in full force and effect.

Space available in overseas ships for carriage of coal to be offered to Shipping Control Board.

6.If any overseas ship or any space in an overseas ship is or may become available to carry coal to any port in Australia from Newcastle or any other port in Australia, the ship or such space shall be offered for the purpose to the Shipping Control Board by the owner, charterer or other person controlling the use of the ship, who shall name to that Board the terms and conditions upon which it is proposed to make the ship or space so available.

Charter of overseas ships for carriage of coal.

7.The Shipping Control Board may charter any overseas ship for the carriage of coal upon such terms and conditions as it thinks fit for any voyage or voyages or may enter into any contract of affreightment for the carriage of coal by any overseas ship upon such terms and conditions as it thinks fit.

Carriage of coal in overseas ships.

8.The Shipping Control Board may cause coal to be carried on account of any shipper or consignee in overseas ships chartered under these Regulations or in respect of which any contract of affreightment has been so made and may charge the shipper or consignee such freight rates as would in the opinion of the Shipping Control Board be appropriate if such coal had been carried by ships under requisition to the Shipping Control Board under similar conditions of loading and discharge.

Accounts.

9.—(1.) The Shipping Control Board shall keep a separate account for the purpose of these Regulations and shall credit to that account—

(a) such moneys as become available under any appropriation to meet expenditure or liabilities incurred under these Regulations;

(b) all moneys received by it for the carriage of coal on overseas ships chartered or in respect of which contracts of affreightment have been made under these Regulations; and

(c) such moneys as the Shipping Control Board, by resolution, allocates to that account from freights earned by the Board by the carriage of coal in ships under requisition to it or from other sources.

(2.) Out of that account, the Board shall pay all moneys payable under or in connexion with the charters or contracts of affreightment made under these Regulations, and any other liabilities or expenses arising out of the administration of these Regulations.

Overseas ships not to be chartered to carry coal between Australian ports.

10.A person shall not, without the consent in writing of the Shipping Control Board, charter any overseas ship for the carriage of coal between any Australian ports or make any contract of affreightment for the carriage of coal by any overseas ship between any Australian ports.

–––––––––––––––

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

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0