National Security (Liquid Fuel Bulk Supply) Regulations (Cth)

STATUTORY RULES.

1941. No. 185.

 

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 Thirty first day of July, 1941.

Governor-General.

By His Excellency’s Command,

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

 

National Security (Liquid Fuel Bulk Supply) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Liquid Fuel Bulk Supply) Regulations.

Repeal.

2. The National Security (Liquid Fuel Bulk Supply) Regulations (being Statutory Rules 1940, No. 214) are repealed.

Administration.

3. These Regulations shall be administered by the Minister of State for Supply and Development.

Definitions.

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

“diesel oil fuel and fuel (furnace) oil” means oil fuel used for industrial and heating purposes, but does not include oil for ships’ bunkers and oil cargoes sold on c.i.f. basis;

“distillate and gas oil” means distillate and gas oil suitable for use for stationary engines, marine engines and automotive purposes;

“licensee” means a person licensed under these Regulations;

“lighting kerosene” means lighting kerosene as defined for the time being in general orders of the Department of Trade and Customs;

* Notified in the Commonwealth Gazette on  , 1941.

4676.—8/28.7.1941.—Price 3d.

“liquid fuel” means motor spirit, power kerosene, lighting kerosene, distillate and gas oil, crude oil, diesel oil fuel and fuel (furnace) oil;

“motor spirit” includes motor spirit imported into Australia, motor spirit refined in Australia from imported crude oil, motor spirit produced in Australia from indigenous flow oil and shale oil, power alcohol and benzole, but does not include aviation spirit or solvents and similar products not used for automotive purposes;

“power kerosene” means power kerosene as defined for the time being in general orders of the Department of Trade and Customs;

“the Committee” means the Oil Advisory Committee constituted under these Regulations; and

“the Minister” means the Minister of State for Supply and Development.

Control by Minister.

5. The Minister shall have control of the importation, acquisition, storage and disposal in bulk of liquid fuel or any component or blend thereof.

Constitution of Oil Advisory Committee.

6.—(1.) For the purposes of these Regulations, there shall be an Oil Advisory Committee which shall consist of a Chairman and eight other members.

(2.) The Minister shall be the Chairman of the Committee.

(3.) The Secretary, Department of Supply and Development, and one other officer of the Department of Supply and Development shall be members of the Committee.

(4.) The members of the Committee (other than the ex officio members) shall be appointed by the Minister, and shall hold office during his pleasure.

(5.) The Chairman shall preside at all meetings of the Committee at which he is present, and in his absence the Secretary, Department of Supply and Development, shall preside. In the absence of both, the member of the Committee who is an officer of the Department of Supply and Development shall preside.

(6.) The Committee may appoint such Sub-Committees as may be necessary to assist it in carrying out its functions.

Functions of Committee.

7. The functions of the Committee shall be to advise the Minister on any matter relative to the importation, acquisition, storage and disposal in bulk of liquid fuel or any component or blend thereof.

Licences to import, acquire or store liquid fuel in bulk.

8.—(1.) Except under and in pursuance of a licence granted by the Minister, a person shall not import, acquire or store liquid fuel or any component or blend thereof in bulk.

(2.) Every person desiring to obtain a licence to import, acquire or store liquid fuel or any component or blend thereof in bulk shall make application in such form and furnish such information as the Minister requires.

(3.) A licence to import, acquire or store liquid fuel or any component or blend thereof in bulk shall be in such form and subject to such terms and conditions (including conditions as to the building up and maintenance of stocks of liquid fuel and the absorption of locally produced liquid fuel) as the Minister determines.

(4.) Any condition referred to in the last preceding sub-regulation in respect of the manner of absorption of locally produced liquid fuel shall be such as is approved by the Minister after discussion with the Committee.

Licences to dispose of liquid fuel in bulk.

9.—(1.) Except under and in pursuance of a licence granted by the Minister, a person shall not dispose of liquid fuel or any component or blend thereof in bulk to any person whether by sale or otherwise.

(2.) Every person desiring to obtain a licence to dispose by sale or otherwise of liquid fuel or any component or blend thereof in bulk shall make application in such form and furnish such information as the Minister requires.

(3.) A licence to dispose by sale or otherwise of liquid fuel or any component or blend thereof in bulk shall be in such form and subject to such terms and conditions (including conditions as to the building up and maintenance of stocks of liquid fuel, and as to the quantity of liquid fuel which may be withdrawn from bulk for sale, or disposal otherwise than by sale) as the Minister determines.

Provisions as to licensing to be additional to those contained in other laws.

10. The provisions of regulations 8 and 9 of these Regulations in relation to a licence in respect of the importation, acquisition, storage or disposal of liquid fuel or any component or blend thereof in bulk shall be in addition to those contained in any other law.

Revocation, &c, of licences.

11. The Minister may, at any time, by notice in writing to the licensee, vary, suspend or revoke any licence issued in pursuance of these Regulations.

Licensees to furnish information.

12.—(1.) The Minister may by notice in writing require a licensee to furnish any information in relation to the importation, acquisition, storage and disposal of liquid fuel.

(2.) A person shall not, without lawful excuse, fail or refuse to comply, within a reasonable time, with any requirement of the Minister made pursuant to the last preceding sub-regulation.

Powers of Minister in relation to seaboard bulk tanks.

13.—(l.) Where a licensee has at his disposal any space in bulk tanks, he shall, if the Minister by order so directs, make that space or such part thereof as is specified in the order, available to the Commonwealth or any other licensee to enable the Commonwealth or that licensee to import or store liquid fuel.

(2) Such compensation shall be payable in respect of any space made available in pursuance of an order made under this regulation as is determined by agreement between the Minister and the parties interested or, in default of agreement, by an arbitrator or by a referee or referees appointed by the Governor-General.

 

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