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

STATUTORY RULES.

1942. No. 70.

 

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 seventeenth day of February, 1942.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

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

 

Amendments of the National Security (Liquid Fuel) Regulations. 

Parts.

1. Regulation 3 of the National Security (Liquid Fuel) Regulations is amended by inserting, after the word “Licences”, the words “Part IVa.—Special Emergency Provisions.”.

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

2. Regulation 15 of the National Security (Liquid Fuel) Regulations is amended by inserting, after the words “of regulation 9”, the words “and Part IVa.”.

3. After Part IV. of the National Security (Liquid Fuel) Regulations the following Part is inserted:—

“Part IVa.—Special Emergency Provisions.

“Affected liquid fuel areas.

39a. If it appears to the Minister of State for the Army that it is necessary or expedient in the interests of the defence of the Commonwealth that special measures should be taken to conserve the supplies of liquid fuel in any particular area, he may, by notification in the prescribed manner, declare that area to be an affected liquid fuel area for the purposes of these Regulations.

* Notified in the Commonwealth Gazette on  , 1942.

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

8521.—21/5.1.1942.—Price 5d.

“Control of liquid fuel in affected liquid fuel areas.

39b. Motor spirit shall not be sold or otherwise disposed of, or purchased or otherwise acquired, by any person within an affected liquid fuel area except in accordance with the provisions of this Part.

“Licensed retailers to furnish returns, &c.

39c.—(1.) Every licensed retailer within an affected liquid fuel area shall, forthwith after the date of the issue of the notification declaring the area to be an affected liquid fuel area, furnish to the Liquid Fuel Control Board of the State in which the area is situated, or to the nearest District Authority, a return showing the quantity of motor spirit held by him and shall surrender all ration tickets collected by him prior to that date.

“(2.) The Board or Authority to which ration tickets are surrendered by any licensed retailer in pursuance of this regulation shall issue to the retailer a receipt showing the total gallonage represented by tickets surrendered by him, and that receipt shall, for the purposes of regulation 39g or 39l of these Regulations be accepted by any bulk supplier in lieu of motor spirit emergency ration tickets of an equivalent gallonage on the occasion of the first delivery of motor spirit to that retailer after the area in which his premises are situated has been notified as an affected liquid fuel area or a mobilized liquid fuel area, as the case may be.

“Application for permits to purchase motor spirit.

39d. Any person other than a licensed bulk supplier or a licensed retailer desiring to purchase motor spirit within an affected liquid fuel area shall submit an application 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 furnish such information as is required by that Board or Authority.

“Issue of permits.

39e.—(1.) Upon consideration of the application, the Liquid Fuel Control Board or District Authority may—

(a) issue to the applicant a permit authorizing him to obtain from a Liquid Fuel Control Board or a Money Order 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

(b) refuse the application.

“(2.) In considering any application submitted in pursuance of regulation 39d of these Regulations, the Board or Authority shall have regard to any directions issued by the Commandant of the Military District 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.

“Conditions to be observed by licensed retailers.

39f.—(1.) A licensed retailer in an affected liquid fuel area shall not sell or otherwise dispose of any motor spirit to any person unless that person—

(a) produces to the retailer the detachable portion of the permit issued to him in pursuance of the last preceding regulation; and

(b) surrenders to the retailer motor spirit emergency ration tickets—

(i) corresponding to the quantity of motor spirit sold or otherwise disposed of;

 

(ii) bearing a date stamped on each ticket indicating that it was issued within fourteen days prior to the date of the delivery of the motor spirit;

(iii) bearing on the face of each ticket the signature of the person purchasing or otherwise acquiring the motor spirit; and

(iv) bearing on the back of each ticket an endorsement of the number of the permit held by the person purchasing or otherwise acquiring the motor spirit.

“(2.) Notwithstanding anything contained in sub-regulation (1.) of this regulation, a licensed retailer in an affected liquid fuel area may supply motor spirit to any person who produces and surrenders to him—

(a) an official order issued by or on behalf of the Department of the Navy, the Department of the Army or the Department of Air, authorizing the supply of that motor spirit; and

(b) ration tickets overprinted with the letter D corresponding to the quantity of motor spirit supplied.

“Conditions to be observed by bulk suppliers.

39g. Subject to sub-regulation (2.) of regulation 39c of these Regulations, 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 motor spirit emergency ration tickets, or ration tickets overprinted with the letter D, corresponding to the quantity of motor spirit supplied are surrendered to him at the time of delivery; or

(b) to any other person, except in accordance with the provisions of the last preceding regulation.

“Licensed retailers to comply with directions issued by certain authorities.

39h. A licensed retailer within an affected liquid fuel area shall comply with every direction issued to him by the Liquid Fuel Control Board of the State or Territory within which that area is situated or by a District Authority in that area.

“Mobilized areas.

39j. If it appears to the Minister of State for the Army that it is necessary or expedient in the interests of the defence of the Commonwealth that liquid fuel within any particular area should be under the control of the Department of the Army, he may, by notification in the prescribed manner, declare that area to be a mobilized liquid fuel area for the purposes of these Regulations.

“Effect of declaration of mobilized liquid fuel area.

39k.—(1.) Upon the issue of a notification declaring any area to be a mobilized liquid fuel area—

(a) all liquid fuel within that area shall be under the control of the Department of the Army;

(b) all motor spirit owned by or in the possession of any bulk supplier within that area shall become vested in the Commonwealth;

(c) the Commandant of the Military District in which the area is situated may, by notice, given in the prescribed manner, direct any person or class of persons owning or being in possession of any land, buildings, equipment or transport within that area used or capable of being used in connexion with the storage, handling, conveyance or distribution of motor spirit to place the land, buildings, equipment or transport at the disposal of the Commonwealth for defence purposes; and

(d) the provisions of regulations 39c, 39d, 39e and 39f of these Regulations shall apply as if the area had been declared an affected liquid fuel area, or, if the area has already been declared an affected liquid fuel area, shall continue to apply.

“(2.) Every licensed retailer or other person in possession of motor spirit within a mobilized liquid fuel area shall comply with all directions given in the prescribed manner by or on behalf of the Commandant of the Military District in which the area is situated in relation to the motor spirit in his possession, and every owner and person in possession or in charge of any land, building, equipment or transport within any such area in respect of which a direction has been given by the Commandant under the last preceding sub-regulation shall comply with that direction.

“Purchases of motor spirit by licensed retailers, &c., in mobilized liquid fuel areas.

39l. A licensed retailer or a bulk consumer in a mobilized liquid fuel area who desires to purchase motor spirit from the Department of the Army shall—

(a) before making the purchase, pay to a Money Order Post Office an amount in cash equal to the value of the quantity of motor spirit which he desires to purchase and shall obtain a receipt for the payment; and

(b) before delivery of the motor spirit is made to him, surrender that receipt together with motor spirit emergency ration tickets, or ration tickets overprinted with the letter D, corresponding to the quantity of motor spirit which he desires to purchase to the person making delivery of the motor spirit on behalf of the Department of the Army.

“Notification of affected liquid fuel areas and mobilized areas.

39m.—(1.) A notification declaring an area to be an affected liquid fuel area or a mobilized liquid fuel area, or a notice in pursuance of paragraph (c) of sub-regulation (1.) of regulation 39k of these Regulations, may be given—

(a) by publication of the notification or notice (as the case may be) in a newspaper circulating in that area; or

(b) by broadcast announcement from a national or commercial wireless broadcasting station situated in the Military District in which that area is included.

“(2.) Directions to licensed retailers or other persons in possession of motor spirit under sub-regulation (2.) of regulation 39k of these Regulations may be given by the Commandant or by an officer authorized by him to act on his behalf—

(a) orally or in writing to the retailer or other person concerned;

(b) by publication in a newspaper circulating in the mobilized liquid fuel area; or

(c) by broadcast announcement from a national or commercial wireless broadcasting station situated in the Military District in which the mobilized liquid fuel area is included.

“Compensation.

39n. Where any motor spirit becomes vested in the Commonwealth under the provisions of this Part or any land, buildings, equipment or transport is placed at the disposal of the Commonwealth pursuant to directions given under the provisions of this Part, compensation shall be payable to the owner of the motor spirit, or the owner and the person in possession or control of any land, buildings, equipment or transport in like manner as compensation is payable under the National Security (General) Regulations.”.

 

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