National Security (Liquid Fuel) Regulations (Amendment) (Cth)

STATUTORY RULES.

1942. No. 351

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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 fourteenth day of August, 1942.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

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

 

Amendments of the National Security (Liquid Fuel) Regulations. 

Definitions.

1. Regulation 4 of the National Security (Liquid Fuel) Regulations is amended—

(a) by inserting before the definition of “authorized” the following definition:—

“‘alternative fuel’ means any solid or gas capable of use as a source of power in an internal combustion engine”;

(b) by omitting from the definition of “liquid fuel” the words “and lubricating oil” and inserting in their stead the words “lubricating oil, rectified spirit and shale oil”; and

(c) by inserting after the definition of “ration ticket” the following definitions:—

“‘rectified spirit’ means any spirit produced by fermentation of any material and denatured for industrial or power purposes;

‘shale oil’ means shale distillate or residual either crude or refined produced from shale or coal and suitable for use, either alone or when mixed with any other liquid, as a fuel or as a source of power in internal combustion engines”.

 

* Notified in the Commonwealth Gazette on  ,1942.

  Statutory Rules 1940, No. 293, as amended by Statutory Rules 1941, Nos. 118, 147, 186 and 289; and 1942, Nos. 70 and 260.

5554.—Price 5d 25/4.8.1942.

Authentication of orders, licences, notices, &c.

2. Regulation 14 of the National Security (Liquid Fuel) Regulations is amended—

(a) by inserting after the word “requirement” the word “, order”; and

(b) by adding at the end thereof the words “, and any instrument purporting to be so signed for or on behalf of the Board or a Liquid Fuel Control Board shall, in the absence of proof to the contrary, be deemed to have been granted, issued, given or made in pursuance of a resolution of that Board”.

Control of liquid fuel and alternative fuels, and containers thereof, by the Board.

3. Regulation 15 of the National Security (Liquid Fuel) Regulations is amended—

(a) by inserting after the words “liquid fuel” (first occurring) the words “and alternative fuel”; and

(b) by inserting after the words “liquid fuel” (second, third, fourth and fifth occurring) the words “or alternative fuel”.

Motor spirit not to be acquired without licence, &c.

4. Regulation 16 of the National Security (Liquid Fuel) Regulations is amended—

(a) by inserting after the word “purchase” the words “or otherwise acquire or receive”; and

(b) by inserting after the word “purchased” the words acquired or received”.

Supply of ration tickets.

5. Regulation 21 of the National Security (Liquid Fuel) Regulations is amended by inserting in sub-regulation (1.), after the word “charge”, the words “, from a post office or a Liquid Fuel Control Board”.

6. Regulation 22 of the National Security (Liquid Fuel) Regulations is repealed and the following regulation inserted in its stead:—

Restriction on use or disposal of motor spirit, &c, acquired under a consumer’s licence.

22.—(1.) A person who acquires motor spirit or diesel oil fuel in pursuance of a motor spirit or diesel oil fuel consumer’s licence shall not—

(a) sell, transfer, give or otherwise dispose of any of that spirit or fuel to any other person, whether for valuable consideration or not;

(b) use any of that spirit or fuel otherwise than for the purpose (if any) stated in that licence or in any permit in writing issued to him by the Board or a Liquid Fuel Control Board, or otherwise than in the vehicle or engine (if any) described in that licence or permit;

(c) use any of that spirit or fuel for any purposes of, or in connexion with, any occupation, employment or business unless, prior to that use—

(i) he has furnished to the Liquid Fuel Control Board by which the licence was issued a notification in writing containing a full description of the occupation, employment or business (including the name of the employer (if any) and the location of the place or places at which the occupation, employment or business is engaged in or carried on) and of those purposes; and

(ii) that Liquid Fuel Control Board has, by notice in writing, accepted the notification as having been made to its satisfaction, and has not, by a subsequent notice in writing, revoked that notice; or

(d) at any time use any of that spirit or fuel, in excess of the amount of spirit or fuel (if any) stated in the licence to be for private purposes, for any purpose other than that specified in the current notification accepted by the Liquid Fuel Control Board.

“(2.) Where a Liquid Fuel Control Board gives to the holder of a licence a notice in writing referred to in sub-paragraph (ii) of paragraph (c) of sub-regulation (1.) of this regulation, the notice shall, unless the contrary intention appears in the notice, be deemed to revoke any previous notice so given by that Board to that holder.

“(3.) In any prosecution for a contravention of sub-regulation (1.) of this regulation—

(a) any motor spirit or diesel oil fuel which is or has been in the possession of, or which has been used by, the person charged shall, until the contrary is proved, be deemed to have been acquired under the motor spirit or diesel oil fuel consumer’s licence, as the case may be, held by that person;

(b) the onus of proving any permit issued, or any notice in writing given, by a Liquid Fuel Control Board to the person charged shall be upon the person charged; and

(c) the holder of a motor spirit or diesel oil fuel consumer’s licence shall, until the contrary is proved, be deemed to have used, before the commencement of any period in respect of which he is authorized to acquire any motor spirit or diesel oil fuel, all motor spirit or diesel oil fuel which it was lawful for him to have acquired for any particular purpose in respect of any previous period.

“(4.) When any person ceases to engage in or carry on any occupation, employment or business the subject-matter of a notification in writing to a Liquid Fuel Control Board in accordance with paragraph (c) of sub-regulation (1.) of this regulation, and does not forthwith forward a new notification in substitution for that notification, that person shall forthwith notify that Liquid Fuel Control Board in writing of that cessation, and shall at the same time return his motor spirit or diesel oil fuel consumer’s licence to that Board.

“(5.) The provisions of paragraphs (c) and (d) of sub-regulation (1.) of this regulation shall apply only to a person who acquires motor spirit or diesel oil fuel in pursuance of a motor spirit or diesel oil fuel consumer’s licence issued or re-issued by a Liquid Fuel Control Board after the first day of September, 1942”.

7. Regulation 24 of the National Security (Liquid Fuel) Regulations is repealed and the following regulation inserted in its stead:—

Motor spirit or diesel oil fuel not to be disposed of except in accordance with a licence.

“24.—(1.) A person shall not sell, transfer, give or otherwise dispose of, whether for valuable consideration or not, any motor spirit or diesel oil fuel, in any part of the Commonwealth (other than the

Northern Territory), except in pursuance of, and in accordance with the terms of, a licence and to a person authorized by these Regulations to acquire or receive the motor spirit or diesel oil fuel.

“(2.) The holder of a motor spirit or diesel oil fuel retailer’s licence shall not appropriate for his own use, or for use on his behalf, any motor spirit or diesel oil fuel obtained in pursuance of that licence except in pursuance of a motor spirit or diesel oil fuel consumer’s licence, as the case requires, held by him, and unless he has first endorsed, signed and cancelled, in the manner described in sub-regulation (2.) of regulation 21 and sub-regulation (3.) of regulation 27 of these Regulations, respectively, ration tickets obtained in pursuance of that consumer’s licence corresponding to the quantity of motor spirit or diesel oil fuel to be so appropriated.

“(3.) In any prosecution for a contravention of sub-regulation (2.) of this regulation, where it is proved that the person charged was, at the time of the alleged offence, the holder of a motor spirit or diesel oil fuel retailer’s licence, the onus of proving that any motor spirit or diesel oil fuel, as the case may be, used by or on behalf of, or appropriated for use by or on behalf of, the person charged was not obtained in pursuance of that licence, shall be on the person charged”.

Disposal of motor spirit, &c., to licensed consumers.

8. Regulation 27 of the National Security (Liquid Fuel) Regulations is amended by omitting from sub-regulation (4.) the words”, and sub-regulation (2.)”.

9. Regulation 39 of the National Security (Liquid Fuel) Regulations is repealed and the following regulation inserted in its stead:—

False or misleading statements.

“39. A person shall not—

(a) in answer to any request or inquiry made by or on behalf of the Board or a Liquid Fuel Control Board; or

(b) in or in connexion with any application or request to the Board or a Liquid Fuel Control Board; or

(c) in any account, declaration, estimate, return or other document which he is required by these Regulations or any order under these Regulations to keep or make,

knowingly make any statement or furnish any information which is false or misleading in any particular”.

Orders.

10. Regulation 41 of the National Security (Liquid Fuel) Regulations is amended by inserting, after the words “liquid fuel “(wherever occurring), the words “or alternative fuel”.

11. After regulation 46 of the National Security (Liquid Fuel) Regulations the following regulation is inserted:—

Retailers ceasing to carry on business.

“46a.—(1.) The holder of a motor spirit or diesel oil fuel retailer’s licence, upon ceasing to carry on business as a retailer of motor spirit or diesel oil fuel at the address referred to in the licence, shall forthwith—

(a) return the licence to the Liquid Fuel Control Board by which it was issued; and

(b) forward to that Board a statement showing—

(i) the amount of motor spirit or diesel oil fuel, as the case may be, in his possession thirty days prior to his ceasing to carry on that business, and the number and gallonage of the cancelled ration tickets then in his possession; and

(ii) the amount of motor spirit or diesel oil fuel, as the case may be, in his possession at the date of his ceasing to carry on that business; and

(c) deliver to that Board cancelled ration tickets representing a gallonage equivalent to the excess, if any, of the total gallonage of motor spirit or diesel oil fuel, as the case may be, and cancelled ration tickets shown in that statement in pursuance of sub-paragraph (i) of paragraph (b) of this sub-regulation over the amount of motor spirit or diesel oil fuel, as the case may be, shown in that statement in pursuance of sub-paragraph (ii) of that paragraph.

“(2.) In any prosecution for a contravention of, or failure to comply with, this regulation by reason of a shortage in the gallonage of cancelled ration tickets delivered to a Liquid Fuel Control Board, it shall be a defence for the person charged to prove that the shortage did not result from a disposition, appropriation or use of liquid fuel in contravention of these Regulations”.

Proof of certificate and signatures in court proceedings.

12. Regulation 53 of the National Security (Liquid Fuel) Regulations is amended—

(a) by omitting sub-paragraph (i) of paragraph (b) of sub-regulation (1.) and inserting in its stead the following sub-paragraph:—

“(i) the licensing or non-licensing of persons, or the issue or non-issue of permits, or the revocation or cancellation of licences or permits, under these Regulations;”; and

(b) by inserting in that paragraph, after the word “licence”, the following word and sub-paragraph:—

“or (iii) the fact that a document annexed to the certificate is an application, or a document furnished in connexion with an application, for a licence or permit of a kind specified in the certificate made on the date, in the manner, to the person, Board or authority and by the person so specified”.

 

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