National Security (Land Transport) Regulations (Cth)

STATUTORY RULES

1944. No. 49.

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REGULATIONS 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 Regulations under the National Security Act 1939-1943.

Dated this fourteenth day of March, 1944.

GOWRIE

Governor-General.

By His Excellency’s Command,

E. J. WARD

for and on behalf of the Minister of

State for Defence.

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National Security (Land Transport) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Land Transport) Regulations.

Administration.

2. These Regulations shall be administered by the Minister of State for Transport.

Repeal and saving.

3.—(1.) The National Security (Land Transport) Regulations (being Statutory Rules 1942, No. 149, as amended by Statutory Rules 1943, Nos. 27 and 88) are repealed.

(2.) Notwithstanding the repeal effected by the last preceding sub-regulation—

(a)all orders made and directions given under the repealed Regulations and in force immediately prior to the commencement of these Regulations shall continue in force as if made under these Regulations and may be rescinded, revoked, amended or varied accordingly; and

(b)officers and persons appointed or employed under regulation 21 of the repealed Regulations and holding office immediately prior to the commencement of these Regulations shall continue to hold office as if appointed or employed under these Regulations.

 

* Notified in the Commonwealth Gazette on 14th March, 1944.

1241.—Price 5d.

(3.) Where—

(a) in any order or direction referred to in paragraph (a) of the last preceding sub-regulation;

(b) in any permit granted under any such order or direction; or

(c) in any regulation made under the National Security Act 1939 or under that Act as amended,

reference is made to the Land Transport Board, the reference shall be read as a reference to the Minister and the order, direction, permit or regulation, as the case may be, shall be construed accordingly.

Objects.

4. The objects of these Regulations are to secure, in the interests of the defence of the Commonwealth and the effectual prosecution of the war, the control by the Commonwealth of rail and road transport and for that purpose to provide that rail facilities, equipment and rolling stock and road services and vehicles shall be subject to control, regulation and direction, and these Regulations shall be administered and construed accordingly.

Definitions.

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

“authorized person” means the Director of Rail Transport or the Director of Road Transport;

“the Director of Rail Transport” means the Director of Rail Transport holding office under these Regulations;

“the Director of Road Transport” means the Director of Road Transport holding office under these Regulations;

“the repealed Regulations” means the Regulations repealed by these Regulations.

Application of Regulations to ferries and tramways.

6. The provisions of these Regulations in relation to road transport and services and carriage by land shall be read as including a reference to ferry transport and transport by tramway and to services and carriage by ferry or tramway, respectively.

Powers and functions of Minister.

7.—(1.) The Minister shall have power and authority to control, regulate and direct the transport of goods and passengers by rail or road within the Commonwealth.

(2.) The power and authority so conferred shall extend to the control, regulation and direction of—

(a) any railway or road transport service;

(b) the use of any vehicle and its care, maintenance and application;

(c) the use of any thoroughfare, road or highway;

(d) the carriage of passengers and goods by land generally; and

(e) the disposal and acquisition of any vehicle, or any other goods connected with, or used for the purpose of, land transport.

(3.) Without limiting the generality of the preceding provisions of this regulation, the Minister shall have power and authority—

(a)to control all rail and road transport services and to direct what rail and road transport services shall be maintained and upon what terms and conditions they shall operate;

(b)to direct the order of priority to be accorded to the carriage of specified goods or classes of goods or passengers or classes of passengers by rail or road transport, either generally, or from, to or between any specified place or area or places or areas;

 

(c) to prohibit the carriage by rail or road transport of any specified goods or classes of goods or passengers, either generally, or from, to or between any specified place or area or places or areas;

(d)to direct at what times and places and upon what terms and conditions and in what manner passengers shall be picked up for carriage by rail or road transport, either generally, or from, to or between any specified place or area or places or areas;

(e) to direct at what times and places, and upon what terms and conditions, and in what manner as to packing and like matters, goods shall be received, loaded, delivered and discharged in connexion with rail or road transport, either generally, or from, to or between any specified place or area or places or areas;

(f) to direct on what terms and conditions contracts for the carriage of passengers and goods by rail or road transport may be entered into either generally, or from, to or between any specified place or area or places or areas;

(g)to prohibit the use of specified routes or roads by vehicular transport except, if so specified in the prohibition, with the consent of the Minister, an authorized person or a committee established under these Regulations;

(h) to provide that land transport operations shall not be conducted in any area except under a licence granted by the Minister or an authorized person;

(i) to requisition or provide for the requisitioning of any vehicle or goods for the purpose of land transport;

(j) to acquire by purchase, manufacture or otherwise, and to operate, use and dispose of, vehicles and accessories, spare parts and fuel;

(k)to control and regulate the disposition and acquisition of new and used motor vehicles and the installation and repair of gas producer units therefor;

(l)to repair, upkeep, and maintain, or provide for the repair, upkeep and maintenance of, any vehicles or classes of vehicles used for road transport;

(m) to give directions to State and other authorities in any State or Territory of the Commonwealth controlling the regulation and registration of motor vehicles concerning, or incidental to, such regulation and registration;

(n)to prohibit any person from operating any vehicle either temporarily or permanently and either absolutely or subject to conditions; and

(o) to control and regulate the manufacture, assembly, distribution, maintenance and repair of vehicles and other goods used for the purposes of land transport.

 

Orders and directions.

8.—(1.) The Minister shall have power to make such orders, give such directions, enter into such contracts on behalf of the Commonwealth, and do all such other things as he thinks fit, for the purposes of these Regulations.

(2.) Any such direction may be given orally or in writing.

(3.) A direction given orally shall be given to the person required to comply therewith and thereupon that person shall comply with the direction.

(4.) A copy of a direction given in writing shall, subject to the next succeeding sub-regulation, be served personally or by post on the person required to comply therewith and thereupon that person shall comply therewith.

(5.) Notice of a direction given in writing may be sent by telegram to the person required to comply therewith and that person shall, on receipt of the telegram, comply with the direction.

(6.) An order or direction under this regulation may—

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

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

(c) be made to apply in relation to vehicles generally or to any description of vehicles, whether the description is according to class, ownership, trade or otherwise, or to any specified vehicle;

(d)avoid, vary or renew any contract or part of a contract the operation of which appears to be affected by the order or direction;

(e) 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 or direction; and

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

(7.) A direction under this regulation may be revoked or varied by a further direction.

Director-General of Land Transport.

9.—(1.) The Minister may appoint a Director-General of Land Transport, who shall perform such duties as the Minister determines.

(2.) Subject to the next succeeding sub-regulation, the terms and conditions of appointment of the Director-General of Land Transport shall be such as the Minister determines.

(3.) If the person who, on the twenty-fifth day of March, 1942, occupied the office established by section 18 of the Supply and Development Acts 1939 is the first Director-General of Land Transport appointed under this regulation, his rights and privileges under Part III. of that Act shall not be prejudiced by his acceptance of office under this regulation, but while he holds office under this regulation his salary under section 20 of that Act shall be payable to him and shall be considered remuneration for the discharge of his duties as Director-General of Land Transport.

 

Director of Rail Transport.

10.—(1.) The Minister may appoint a Director of Rail Transport, who shall perform such duties as the Minister determines and, subject to any direction of the Minister, shall do all things necessary to effectuate the objects of these Regulations with respect to rail transport and rail services.

(2.) The Director of Rail Transport shall have and may, subject to any direction of the Minister, exercise, with respect to rail transport or rail services and matters incidental thereto, all the powers, functions and authorities of the Minister under these Regulations.

Director of Road Transport.

11.—(1.) The Minister may appoint a Director of Road Transport, who shall perform such duties as the Minister determines and, subject to any direction of the Minister, shall do all things necessary to effectuate the objects of these Regulations with respect to road transport and road services.

(2.) The Director of Road Transport shall have and may, subject to any direction of the Minister, exercise, with respect to road transport or road services and matters incidental thereto, all the powers, functions and authorities of the Minister under these Regulations.

Administrative Assistant.

12. The Minister may appoint an Administrative Assistant to the Director-General of Land Transport, who shall perform such duties as the Director-General of Land Transport determines.

Terms and conditions of appointment of certain persons.

13. The terms and conditions of appointment of the Director of Rail Transport, the Director of Road Transport and the Administrative Assistant to the Director-General of Land Transport shall be such as the Minister determines.

Appointment of officers.

14.—(1.) The Minister may appoint such officers as are necessary for the purposes of these Regulations.

(2.) Officers so appointed shall not be subject to the Commonwealth Public Service Act 1922-1943 and shall hold office on such terms and conditions as the Minister, with the approval of the Public Service Board, determines.

(3.) Where an officer appointed in pursuance of these Regulations was, immediately prior to his appointment, an officer of the Public Service of the Commonwealth, his service as an officer under these Regulations shall, for the purpose of determining his existing and accruing rights, be taken into account as if it were service in the Public Service of the Commonwealth and the Officers’ Rights Declaration Act 1928-1940 shall apply as if this regulation were a section of an Act and that Act and section were specified in the Schedule to the Officers’ Rights Declaration Act 1928-1940.

War Railway Committee.

15.—(1.) For the purposes of these Regulations, there shall be a Committee which shall be known as the War Railway Committee.

(2.) The Committee shall consist of—

(a) the Minister;

(b) the Director-General of Land Transport;

(c) the Secretary, Department of Transport;

 

(d)the Commonwealth Railways Commissioner, the Commissioner of Railways for the State of New South Wales, the Chairman of the Victorian Railways Commissioners, the Commissioner of Railways for the State of Queensland, the Railways Commissioner for the State of South Australia, the Commissioner for Railways for the State of Western Australia, the Transport Commissioner for the State of Tasmania;

(e) the Director of Rail Transport;

(f) a member appointed by the Minister of State for the Army;

(g)two representatives of industrial organizations of railway employees (who shall be appointed by the Minister); and

(h) such additional members, not exceeding two, as the Minister appoints.

(3.) The Minister or such person as he appoints shall be Chairman of the Committee.

(4.) In the absence of the Chairman from any meeting of the Committee, the members present at the meeting shall appoint one of their number to preside at that meeting.

(5.) If any member of the Committee is unable to attend a meeting of the Committee, he may appoint a person to act as his deputy at that meeting.

(6.) The functions of the Committee shall be to advise and assist the Minister in the administration of these Regulations so far as they relate to rail transport.

(7.) The Minister shall call the Committee together as and when he thinks fit.

(8.) The Minister may request any person to attend any meeting of the Committee and advise the Committee in its deliberations, but no such person shall be entitled to vote at the meeting.

War Road Transport Committee.

16.—(1.) For the purpose of these Regulations, there shall be a Committee which shall be known as the War Road Transport Committee.

(2.) The Committee shall consist of—

(a) the Minister;

(b) the Director-General of Land Transport;

(c) the Secretary, Department of Transport;

(d) the Director of Road Transport;

(e) the Director of Emergency Road Transport for each State, or, if for any State there is a Directorate of Emergency Road Transport, a representative of that Directorate;

(f) a member appointed by the Minister of State for the Army;

(g)a member nominated by such bodies or associations of persons as are specified by the Minister to represent industries and trades allied to or connected with road transport;

(h) two representatives of industrial organizations of employees concerned in road transport; and

(i) such additional members, not exceeding two, as the Minister appoints.

(3.) The members specified in paragraphs (g) and (h)of the last preceding sub-regulation shall be appointed by the Minister.

 

(4.) The Minister or such person as he appoints shall be Chairman of the Committee.

(5.) In the absence of the Chairman from any meeting of the Committee, the members present at the meeting shall appoint one of their number to preside at that meeting.

(6.) If any member of the Committee is unable to attend a meeting of the Committee, he may appoint a person to act as his deputy at that meeting.

(7.) The functions of the Committee shall be to advise and assist the Minister in the administration of these Regulations so far as they relate to road transport.

(8.) The Minister shall call the Committee together as and when he thinks fit.

(9.) The Minister may request a person to attend any meeting of the Committee and advise the Committee in its deliberations, but no such person shall be entitled to vote at the meeting.

Fees and allowances.

17.—(1.) Subject to the next succeeding sub-regulation, there shall be payable to such members of the War Railway Committee and of the War Road Transport Committee, and to such persons attending a meeting of either of those Committees at the request of the Minister, as the Minister determines, such fees and allowances as the Minister determines.

(2.) A person who is an officer of, or employed in, the Public Service of the Commonwealth shall not be entitled to receive any fee or allowance under this regulation except with the approval of the Public Service Board.

Local Committees.

18. The Minister may, if he thinks fit, establish a Committee in any State, or for any place or area or places or areas, either generally, or for a particular occasion, and assign to it such duties and delegate to any Committee such powers, functions and authorities for the purposes of these Regulations as appear to him expedient, and may revoke, modify, alter or add to the establishment of any such Committee or any such assignment or delegation.

Normal rail transport to continue subject to Regulations.

19. The administration and operation of rail transport shall, subject to these Regulations and any order or direction thereunder (including any order or direction referred to in paragraph (a) of sub-regulation (2.) of regulation 3 of these Regulations), be continued as if these Regulations had not been made.

State laws not to apply to carriage of certain ammunition, &c.

20. Nothing in the law of any State relating to the handling, storage or conveyance of ammunition, explosives, inflammable substances or dangerous goods shall apply in relation to the handling, storage or conveyance of ammunition, explosives, inflammable substances or dangerous goods on behalf of the Commonwealth for purposes of defence.

Payment for vehicles, &c., requisitioned.

21.—(1.) Where any vehicle or goods have been requisitioned under these Regulations, the vehicle or goods shall, by force of, and in accordance with, the provisions of the order authorizing the requisition, become the absolute property of the Commonwealth, freed from all mortgages, charges, liens, pledges, interests and trusts affecting the

 

vehicle or goods and the rights and interests of every person in the vehicle or goods shall thereupon be converted into claims for compensation.

(2.) The amount of compensation shall be such as is agreed upon between the Commonwealth and the party interested or, in default of such agreement, as is determined in an action for compensation against the Commonwealth in any court of competent jurisdiction.

Entry and inspection of premises.

22. For the purposes of these Regulations, any person thereto authorized in writing by the Minister may, at all reasonable times, enter any premises and inspect any vehicle or goods connected with land transport and any accounts, books and documents relating to or connected with land transport services or vehicles or goods connected with land transport.

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By Authority: L.