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

STATUTORY RULES.

1942. No. 260.

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 tenth day of June, 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.  

Licensed retailers to furnish returns, &c.

1. Regulation 39c of the National Security (Liquid Fuel) Regulations is amended by omitting from sub-regulation (2.) the words “and that receipt shall” and inserting in their stead the words “together with a permit in writing authorizing the retailer to acquire such quantity of motor spirit as is determined by the Board or Authority and that permit shall,”.

2. Regulations 39d and 39e of the National Security (Liquid Fuel) Regulations are repealed and the following regulations inserted in their stead:—

“Consumers’ licences, &c.

39d.—(1.) Subject to any direction of the Board or the Commander of the Lines of Communication Area in which the affected liquid fuel area is situated, the Liquid Fuel Control Board of the State or Territory in which that area is situated or a District Authority appointed in respect of that area or any part of that area may from time to time vary the quantities of motor spirit which the holder of a motor spirit consumer’s licence is authorized to obtain under the licence in that area or suspend, revoke, cancel or re-instate any such

 

* 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, No. 70.

3651.—Price 3d. 25/2.6.1942.

 

licence and may from time to time vary the quantities of motor spirit represented by any ration ticket and may revoke or cancel any ration ticket or limit the period during which it shall be current.

“(2.) A person other than a licensed bulk supplier or a licensed retailer shall not purchase or acquire motor spirit in excess of the quantity which he is authorized to obtain from time to time under his motor spirit consumer’s licence, subject to any variation by the Liquid Fuel Control Board or District Authority under the last preceding sub-regulation or under a permit issued under this Part or a ration ticket or motor spirit emergency ration ticket issued to him pursuant to any such licence or permit.

“Permits to purchase extra motor spirit.

39e.—(1.) Any person other than a licensed bulk supplier or a licensed retailer desiring to purchase motor spirit within an affected liquid fuel area in excess of that which may be purchased or otherwise acquired by him from time to time under his motor spirit consumer’s licence may apply to the Liquid Fuel Control Board of the State in which the area is situated or to a District Authority appointed in respect of that area or of any part of that area and upon any such application being made shall furnish such information in relation to the application as is required by that Board or Authority.

“(2.) In considering any application made under this regulation the Liquid Fuel Control Board or District Authority shall have regard to any directions issued by the Commander of the Lines of Communication Area in which the affected liquid fuel area is situated, or by the Commonwealth Liquid Fuel Control Board or by the Liquid Fuel Control Board for the State or Territory in which the area is situated.

“(3.) Upon consideration of the application, the Liquid Fuel Control Board or District Authority may—

(a) increase or reduce the quantity of motor spirit which may be purchased or otherwise acquired by the applicant under his licence;

(b) issue to him a permit authorizing him to obtain from a Liquid Fuel Control Board or a Post Office, subject to compliance with such conditions as are specified in the permit, motor spirit emergency ration tickets corresponding to such quantity of motor spirit as is indicated on the permit, or to obtain from a bulk supplier the quantity of motor spirit indicated on the permit;

(c) issue to him motor spirit emergency ration tickets; or

(d) refuse the application.”.

Conditions to be observed by licensed retailers.

3. Regulation 39f of the National Security (Liquid Fuel) Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) A licensed retailer in an affected liquid fuel area shall not sell or otherwise dispose of any motor spirit to any person other than to the holder of a motor spirit consumer’s licence or a permit issued under this Part which has not expired or been revoked or cancelled and unless—

(a) the licence or detachable portion of the permit is produced to the licensed retailer by the holder immediately before every sale or disposal;

 

(b) motor spirit emergency ration tickets, or, until a date, and in accordance with the conditions, specified in the notification of the area as an affected liquid fuel area, ration tickets current on the date of the notification, corresponding to the quantity of motor spirit sold or otherwise disposed of, are surrendered to the licensed retailer at the time of the sale or disposal; and

(c) every such motor spirit emergency ration ticket or ration ticket bears—

(i) the signature of the person purchasing or otherwise acquiring the motor spirit, who shall be the holder of the licence or permit under which the ration ticket was issued;

(ii) the number of the licence or permit;

(iii) in the case of a licence or permit issued in respect of a motor vehicle, the registered number of the motor vehicle; and

(iv) in the case of motor spirit emergency ration tickets, a date stamped on each ticket indicating that it was issued within fourteen days before the date of delivery of the motor spirit.”.

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

“Conditions to be observed by bulk suppliers.

39g. A bulk supplier within an affected liquid fuel area shall not sell or otherwise dispose of any motor spirit—

(a) to the holder of a motor spirit retailer’s licence unless the holder, immediately before the sale or delivery, surrenders to the bulk supplier motor spirit emergency ration tickets, ration tickets overprinted with the letter D or a permit issued to him under sub-regulation (2.) of regulation 39c of these Regulations, corresponding to the quantity of motor spirit sold or otherwise disposed of;

(b) to the holder of a permit issued under this Part, except upon the surrender of the permit and to the extent of the quantity authorized by the permit; or

(c) to any other person, except in accordance with the provisions of the last preceding regulation as if the bulk supplier were a licensed retailer.”.

Effect of declaration of mobilized liquid fuel areas.

5. Regulation 39k of the National Security (Liquid Fuel) Regulations is amended—

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

“(b) all motor spirit within that area owned by and in the possession of any bulk supplier but not including motor spirit on consignment to any agent or customer of any bulk supplier shall become vested in the Commonwealth;”; and

(b) by omitting from paragraph (c) of that sub-regulation the words “Commandant of the Military District” and inserting in their stead the words “Commander of the Lines of Communication Area”;

 

(c) by omitting from sub-regulation (2.) the words “Commandant of the Military District” and inserting in their stead the words “Commander of the Lines of Communication Area”; and

(d) by omitting from that sub-regulation the word “Commandant” and inserting in its stead the word “Commander”.

Notification of affected liquid fuel areas and mobilize areas.

6. Regulation 39m of the National Security (Liquid Fuel) Regulations is amended—

(a) by omitting the words “Military District” (wherever occurring) and inserting in their stead the words “Lines of Communication Area”; and

(b) by omitting from sub-regulation (2.) the word “Commandant” and inserting in its stead the word “Commander”.

 

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