National Security (Land Transport) Regulations (Cth)

STATUTORY RULES.

1942. No. 149.

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.

GOWRIE

Governor-General.

By His Excellency’s Command,

GEO. LAWSON

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

 

National Security (Land Transport) Regulations.

Citation.

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

Repeal.

2. The National Security (Road Transport) Regulations (being Statutory Rules 1941, No. 278) and National Security (Rail Transport) Regulations (being Statutory Rules 1941, No. 279) are hereby repealed.

Administration.

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

Definitions.

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

“the Board” means the Land Transport Board constituted under these Regulations;

“the Director-General” means the Director-General of Land Transport.

Objects.

5. The objects of these Regulations are to provide for the closer and more effective control by the Commonwealth of rail and road transport in the present emergency with a view to making the most effectual use thereof in connexion with any war in which His Majesty is or may be engaged and to require that rail facilities, equipment and rolling stock and road vehicles and the service of road vehicles shall be subject

 

* Notified in the Commonwealth Gazette on 26th March. 1942.

2296.—Price 5d.

 

to direction, requisition and control in the interests of public security and the prosecution of any such war, and these Regulations shall be administered and construed accordingly.

Minister to control land transport.

6. The Minister is hereby vested with full power and authority to control rail and road transport and to do all things necessary to effectuate the objects of these Regulations, which power and authority shall be exercisable through the Board.

Normal rail transport to continue subject to Regulations.

7. The administration and operation of rail transport shall, subject to these Regulations, and any order or direction thereunder, be continued as if these Regulations had not been made.

Director-General of Land Transport,

8. —(1.) There shall be a Director-General of Land Transport who, subject to sub-regulation (2.) of this regulation, shall be appointed by the Governor-General.

(2.) The person who, at the commencement of these Regulations, occupies the office established by section 18 of the Supply and Developments Acts 1939 shall be the first Director-General, and his rights and privileges under Part III. of that Act shall not be prejudiced by his acceptance of office under these Regulations, but while he holds such last-mentioned office his salary under section 20 of that Act shall be payable to him and be considered remuneration for the discharge of his duties as Director-General.

Other Executive Officers.

9. There shall be—

(a) a Director of Rail Transport;

(b) a Director of Road Transport; and

(c) an Administrative Assistant to the Director-General,

who shall be appointed by the Minister after receipt by him of a recommendation from the Director-General.

Land Transport Board.

10. —(1.) There shall be a Land Transport Board consisting of the Director-General, who shall be the Chairman, the Secretary of the Commonwealth Department of Transport, a member nominated by the Minister of State for the Army, the, Director of Rail Transport, the Director of Road Transport, a member nominated by the War Railway Committee, a member nominated by the War Road Transport Committee and such additional members, if any, not exceeding three, as the Minister may appoint after receipt by him of a recommendation from the Director-General.

(2.) The Minister may appoint any person to be the deputy of any member of the Board, and any person so appointed shall, in the event of the absence or illness of any member of whom he is the deputy, be deemed to be a member of the Board for the purposes of that meeting.

Meetings of Board.

11.—(1.) The Director-General shall call the Board together as and when occasion may require.

(2.) At any meeting of the Board four members shall form a quorum.

War Railway Committee.

12.—(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 the Director-General, 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, the Director of Rail Transport, a member nominated by the Minister of State for the Army, and such additional members, not exceeding two, as the Minister may appoint to represent industrial organizations of railway employees.

(3.) The Committee shall choose one of their number to be the Chairman of the Committee.

(4.) 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.

(5.) The functions of the Committee shall be to advise and assist the Board in the administration of these Regulations.

(6.) The Director-General shall call the Committee together as and when occasion may require.

War Road Transport Committee.

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

(2.) The Committee shall consist of the Director-General who shall be Chairman, and the Chief Executive Officers of the organizations for the control of road transport established in each State, the Chairman, Commonwealth Liquid Fuel Control Board, the Director of Road Transport, a member nominated by the Minister of State for the Army, a member with special experience in relation to road vehicles whom the Director-General may appoint if he thinks fit, and such additional members, not exceeding two, as the Minister may appoint to represent industrial organizations of employees concerned in road transport.

(3.) If the Director-General is absent from any meeting of the Committee the members present shall appoint one of their number to preside at that meeting.

(4.) 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.

(5.) The functions of the Committee shall be to advise and assist the Board in the administration of these Regulations.

(6.) The Director-General shall call the Committee together as and when occasion may require.

Fees and allowances.

14. There shall be payable to such members of the Board and of the War Railway Committee and of the War Road Transport Committee as the Minister directs, such fees and allowances as the Minister determines.

Powers of Board.

15. —(1.) Subject to any directions of the Minister—

(a) the Board shall control, regulate and direct the transport of goods and passengers whether by rail or road within the Commonwealth;

 

(b) the power of the Board shall extend to the control and direction of railway and road transport services, railway and road services, the use of vehicles and their care, maintenance and location, the use of roads and highways, and the carriage of passengers and goods by land generally; and

(c) the Board may give such orders and directions and exercise such powers and do all such things as are incidental or conducive to the objects of these Regulations.

(2.) Without limiting the generality of the foregoing powers, the Board shall have the following powers and authorities—

(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 places;

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

(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 places;

(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 places;

(f) to direct upon 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 places;

(g) to prohibit the use of specified routes or roads by vehicular transport save with the consent of the Director-General or a person designated by him or a Committee established under these Regulations if so specified in the prohibition;

(h) to declare areas within which land transport operations shall not be conducted save under licence from the Director-General;

(i) to requisition or authorize the Director-General to requisition vehicles or goods for the purposes of land transport;

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

(k) to determine priorities and issue permits in connexion with the installation, repair and use of gas producer units for the purposes of road transport; and

 

(l) to repair, upkeep and maintain any vehicles or classes of vehicles used for road transport upon such terms and conditions and in such manner as the Director-General may appoint.

Orders to be published in Gazette.

16. Any Order or direction of the Board imposing any duty, obligation or liability upon the public at large or any class of persons described generally whether in respect of a particular locality or generally shall be published in the Gazette, but the Order shall take effect as from the time when it is made, and no Order shall be invalid on the ground only that it has not been so published.

Payment for vehicles requisitioned.

17. There shall be paid in respect of the use of any vehicle or goods requisitioned by the Board or the Director-General under these Regulations fair compensation and the Commonwealth shall be liable to pay such compensation which shall be settled by agreement between the Board and the parties interested or in default or agreement by a referee appointed by the Minister.

Executive authority of Board may be exercised by Director-General.

18.—(1.) Subject to these Regulations the executive authority of the Board shall be vested in the Director-General.

(2.) The Director-General may, in the name of the Board, give any order, direction or authority which the Board is empowered to give, or may authorize anything to be done which the Board is empowered to authorize, and any order direction or authority purporting so to be given, or any act purporting so to be authorized, shall be deemed the order, direction, authority or act of the Board.

Local Committees,

19. If the Board thinks fit it may establish a Committee in any State or for any place or places either generally or for a particular occasion and assign to it such duties and delegate to any Committee such powers and authorities for the purpose of these Regulations as appear to the Board expedient and may revoke, modify, alter or add to the establishment of any such Committee or any such assignment or delegation.

Delegation of powers.

20.—(1.) Subject to any directions of the Minister, the Board may, by instrument in writing and at its discretion, delegate to any person or body of persons all or any of its powers, functions and authorities under these Regulations (except this power of delegation) in relation to any matters or class of matters or to any State, Territory or part of the Commonwealth so that the delegated powers, functions and authorities may be exercised by the delegate with respect to the matters or class of matters or the State, Territory 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 Board is dependent upon the opinion, belief or state of mind of the Board 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 by the Board shall be revocable in writing at will and no delegation shall prevent the exercise of any power, function or authority by the Board.

2296.—2

 

Appointment of officers.

21.—(1.) For the purposes of these Regulations the Director-General may appoint such executive officers and employ such persons as he thinks fit, on such terms and conditions and at such remuneration as he determines:

Provided that no salary in excess of One thousand pounds per annum shall be determined by the Director-General without the approval of the Minister.

(2.) Officers and employees appointed or engaged in pursuance of these Regulations shall not be subject to the Commonwealth Public Service Act 1922-1940.

(3.) Whore an officer or employee appointed or engaged in pursuance of these Regulations was, immediately prior to his appointment or engagement, an officer of the Public Service of the Commonwealth, his service as an officer or employee 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 1922-1940 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 1922-1940.

Orders and directions.

22.—(1.) Any Order made or direction given under these Regulations may—

(a) apply in relation to vehicles generally or any description of vehicles whether that description is according to class, ownership, trade or otherwise, or to any specified vehicle;

(b) contain such provisions conditions and directions as may appear to be necessary or desirable;

(c) avoid, vary or renew any contract or part of a contract the operation or effect of which appears to be affected by the Order or direction; and

(d) be rescinded, revoked, amended or varied.

(2.) Notice of any Order made or direction given under these Regulations may be served upon any person affected thereby and thereupon that person shall comply with the Order or direction.

(3.) Any such notice may be served by delivering the notice to the person affected thereby personally or to any person in his employ, or by sending the notice by post or by telegram addressed to that person at his last known or usual place of business or abode.

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

23. 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.

 

By Authority: L.