National Security (Liquid Fuel) Regulations (Cth)

STATUTORY RULES.

1940. No. 293.

 

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 fourth day of December, 1940.

Governor-General.

By His Excellency’s Command,

Minister of State for Defence Co-ordination.

 

NATIONAL SECURITY (LIQUID FUEL) REGULATIONS.

Part I. —Preliminary.

Citation.

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

Repeal.

2.—(1.) The National Security (Liquid Fuel) Regulations (in this regulation referred to as “the repealed Regulations”, and being Statutory Rules 1940, No. 129, as amended by Statutory Rules 1940, No. 161; 1940, No. 207; 1940, No. 244; and 1940, No. 251) are repealed.

(2.) Every Board and Authority constituted or appointed under the repealed Regulations, and existing or holding office at the commencement of these Regulations, shall continue in existence or in office as if constituted or appointed under these Regulations, and every person who, immediately prior to the commencement of these Regulations, held any office or appointment under the repealed Regulations shall, subject to these Regulations, continue to hold the corresponding office or appointment under these Regulations as if appointed under these Regulations, upon the terms and conditions upon which he was appointed.

(3.) Subject to these Regulations, all orders, licences, and duplicate licences, made or issued under the repealed Regulations, and in force immediately prior to the commencement of these Regulations, shall continue in force as if made or issued under these Regulations, and

 

* Notified in the Commonwealth Gazette on, 1940.

7836.—6/17.12.1940.—Price 8d.

any reference in these Regulations to licences or duplicate licences shall be deemed to include a reference to such licences or duplicate licences as the case may be.

(4.) Any reference in these Regulations to a ration ticket shall, unless the contrary intention appears, be deemed to include a reference to a ration ticket issued under the repealed Regulations.

Parts.

3. These Regulations are divided into Parts, as follows:—

Part  I.—Preliminary.

Part  II.—Administration.

Part III.—Control of Liquid Fuel.

Part IV.—Licences.

Part  V.—Miscellaneous.

Definitions.

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

“authorized” means authorized by the Board or by a Liquid Fuel Control Board;

“authorized memorandum” means a memorandum issued by a Liquid Fuel Control Board in relation to one or more vehicles referred to in a motor spirit or diesel oil fuel consumer’s licence;

“bulk supplier” means a person who supplies liquid fuel in bulk;

“Commonwealth Oil Board” means the Commonwealth Oil Board constituted under the Supply and Development (Administration) Regulations;

“diesel oil fuel” means petroleum distillate or residual, either crude or refined, suitable for use in compression ignition engines, and includes diesel oil fuel distilled from coal-tar;

“District Authority”, in relation to any matter arising in a State, means the District Authority appointed under these Regulations in respect of the part of that State in which the matter arises, and in relation to anything which may be done by, to or in relation to, any person, means the District Authority appointed under these Regulations in respect of a part of a State in which the person resides or has his place of business;

“fuel oil” means crude petroleum distillate or residual product of petroleum suitable for use in burners for the production of heat or steam;

“licence” means a licence granted under these Regulations, or an authorized memorandum;

“lighting kerosene” means any refined petroleum distillate distilling below approximately 320° C., having a closed test flash point above 73° F. and suitable for use as an illuminant;

“liquid fuel” includes motor spirit, power kerosene, lighting kerosene, diesel oil fuel, fuel oil, and lubricating oil;

“Liquid Fuel Control Board”, in relation to any matter arising in a State, or in relation to anything which may be done by, to or in relation to any person residing or having his place of business in a State, means the Liquid Fuel Control

Board for that State and, in the case of any such matter arising, or any such person residing or having his place of business, in the Australian Capital Territory, means the Liquid Fuel Control Authority for that Territory;

“lubricating oil” means petroleum or other oils or mixtures of oils suitable for the lubrication of moving parts of machinery and includes petroleum greases and compounds of oils with other substances to form lubricating grease and mixtures of oils with plastics;

“motor spirit” means liquid petroleum products or similar hydrocarbons distilling completely below 225° C. and suitable for use as fuel in internal combustion engines and includes motor benzole and power alcohol;

“owner”, in relation to any vehicle or engine which is required to be registered, means the person in whose name the vehicle or engine is registered;

“power kerosene” means petroleum distillate normally marketed as ‘Power Kerosene’ and suitable for use as fuel in internal combustion engines with spark ignition;

“purchase”, in relation to any liquid fuel, includes acquire by any means whatsoever, and “purchased” has a corresponding meaning;

“ration ticket” means a ration ticket in accordance with such form as is authorized;

“the Act” means the National Security Act 1939-1940;

“the Australian Capital Territory” includes the Territory accepted by the Commonwealth in pursuance of the Jervis Bay Territory Acceptance Act 1915 and described in the Schedule to that Act;

“the Board” means the Commonwealth Liquid Fuel Control Board established under these Regulations;

“the Controller” means the Controller of Liquid Fuel appointed under these Regulations;

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

Application of Regulations.

5. The application of these Regulations shall not extend to the Territories of the Commonwealth other than the Australian Capital Territory.

Part II. —Administration.

Commonwealth Liquid Fuel Control Board.

6.—(1.) For the purposes of these Regulations, there shall be a Commonwealth Liquid Fuel Control Board.

(2.) The Board shall consist of—

(a) the Controller of Liquid Fuel;

(b) the Executive Officer of the Commonwealth Oil Board; and

(c) five other members appointed by the Minister, one of whom shall represent rural consumers of liquid fuel, one of whom shall represent consumers of liquid fuel using heavy vehicles, one of whom shall represent other consumers, one of whom shall represent the motor trade and one of whom shall represent retailers of liquid fuel.

(3.) The Board shall be a body corporate, with perpetual succession and a common seal.

(4.) A vacancy in the office of a member shall not invalidate the proceedings of the Board.

Chairman and Deputy Chairman of the Board.

7.—(1.) The Controller of Liquid Fuel shall be Chairman of the Board.

(2.) The Minister may appoint a Deputy Chairman of the Board.

Resignation of members of the Board.

8. Any member of the Board, who was appointed by the Minister, may resign from the Board by notice in writing to the Minister.

Meetings of the Board.

9.—(1.) Meetings of the Board shall be held at such times and at such places as the Board from time to time determines or as the Minister directs.

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

(3.) The Chairman, or in his absence, the Deputy Chairman, shall preside at meetings of the Board.

(4.) All questions arising at any meeting of the Board shall be decided by a majority of the votes of the members present.

(5.) The person presiding at a meeting of the Board shall have a deliberative vote, and in the event of an equality of votes, shall also have a second or casting vote.

(6.) The Chairman may, in his discretion, refer any decision of the Board (including a decision to make an Order under regulation 15 of these Regulations) to the Minister, and no action shall be taken to carry into effect any decision so referred unless and until the Minister has signified his approval of the decision in writing addressed to the Chairman.

Controller of Liquid Fuel.

10.—(1.) There shall be a Controller of Liquid Fuel who shall be appointed by the Minister and shall hold office during the pleasure of the Minister.

(2.) Subject to these Regulations, the executive authority of the Board shall be vested in the Controller.

Salaries and allowances.

11.—(1.) The Controller and the Deputy Chairman of the Board shall be paid such salary as the Minister approves.

(2.) There shall be payable to the members of the Board such rates of travelling allowances as the Minister approves.

Secretary and advisers to the Board.

12.—(1.) There shall be a Secretary to the Board.

(2.) The Board may co-opt such technical or specialist advisers as are necessary to assist it in carrying out its powers and functions under these Regulations.

Liquid Fuel Control Board and District Authorities.

13.—(1.) For the purposes of these Regulations the Board may, by order—

(a)appoint a Liquid Fuel Control Board in each State consisting of not less than three members, one of whom shall be the representative of the Board, and the remaining members in respect of a particular State shall be nominated by the Government of that State; and

(b)appoint any person to be the Liquid Fuel Control Authority for the Australian Capital Territory.

(2.) The Liquid Fuel Control Board in any State may appoint a District Authority in respect of any part of that State.

(3.) A Liquid Fuel Control Board and the Liquid Fuel Control Authority for the Australian Capital Territory, and a District Authority shall, in addition to any powers and functions prescribed by these Regulations, have such other powers and functions as the Board determines.

Authentication of licences, notices, &c.

14. Any licence, notice, authority, requirement or other instrument granted, issued, given or made under these Regulations by the Board shall be sufficiently authenticated if it purports to be signed by the Controller or the Secretary to the Board and, in the case of any such instrument granted, issued, given or made by a Liquid Fuel Control Board or the Liquid Fuel Control Authority for the Australian Capital Territory, or a District Authority, shall be sufficiently authenticated if it purports to be signed by a person thereto authorized in writing by that Board or Authority.

Part III. —Control of Liquid Fuel.

Control of liquid fuels by the Board.

15. Notwithstanding anything contained in these Regulations (other than sub-regulation (6.) of regulation 9 thereof), the Board shall have absolute control of the sale and use of liquid fuel and may, if it appears to the Board to be necessary so to do in the interests of the defence of the Commonwealth or the efficient prosecution of the war, by order, make provision for regulating, restricting or prohibiting the sale or use of liquid fuel:

Provided that nothing in this regulation shall empower the Board to fix the price of any liquid fuel.

Part IV. —Licences.

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

16. Subject to these Regulations, a person shall not purchase motor spirit or diesel oil fuel in any part of the Commonwealth (other than the Northern Territory) except under and in pursuance of a licence and unless (except in the case of a bulk supplier) on the occasion of each delivery, he surrenders ration tickets corresponding to the quantity of motor spirit or diesel oil fuel to be purchased.

Cases in which licence or ration tickets not required.

17.—(1.) Notwithstanding anything contained in these Regulations—

(a) the holder of a motor spirit consumer’s licence may supply motor spirit in sealed containers capable of containing not more than one quart to a person who does not hold, or does not produce, a licence, or does not surrender any ration ticket, and the motor spirit may be accepted by that person;

(b)the holder of a diesel oil fuel consumer’s licence which has been endorsed by a Liquid Fuel Control Board with the words “Not negotiable at post offices” may obtain diesel oil fuel without surrendering any ration tickets, and a licensed retailer or bulk supplier may supply diesel oil fuel to that person accordingly; and

 

(c) the Board may authorize the issue to such persons, in such manner, and subject to such conditions as it thinks fit ration tickets overprinted with the letter “D”, and the following provisions shall apply in relation to such ration tickets:—

(i) a licensed retailer or bulk supplier may supply into a vehicle in charge of a person in possession of any such ration ticket motor spirit or diesel oil fuel in a quantity corresponding to the ration ticket, upon delivery to him of the ration ticket endorsed with the registration number of the vehicle into which the motor spirit or diesel oil fuel is supplied, and the signature of the person in charge of the vehicle;

(ii) a licensed retailer who receives any such ticket shall cancel the same in accordance with sub-regulation (3.) of regulation 27 of these Regulations; and

(iii) a person lawfully in possession of any such ration ticket may lawfully obtain motor spirit or diesel oil fuel in the manner provided in the preceding sub-paragraphs of this paragraph.

(2.) A person shall not use any motor spirit or diesel oil fuel obtained in pursuance of paragraph (a) or paragraph (b)of the last preceding sub-regulation for the purpose of propelling any road vehicle, or supply motor spirit or diesel oil fuel in pursuance of either of those paragraphs knowing that it is intended to be so used.

(3.) A licensed retailer may require a person to whom diesel oil fuel is supplied in pursuance of paragraph (b) of sub-regulation (1.) of this regulation to sign a receipt for the quantity of diesel oil fuel supplied, and the delivery to a licensed bulk supplier of any such receipt bearing the licence number of the consumer shall, for all purposes of these Regulations be equivalent to the delivery of ration tickets duly endorsed, signed and received in respect of the same quantity of diesel oil fuel.

Evaporation and losses.

18.—(1.) The Board or a Liquid Fuel Control Board may from time to time grant to such licensed retailers as it thinks fit an allowance in respect of evaporation.

(2.) Any allowance so made may differentiate by reference to locality or such other factors as the Board, or the Liquid Fuel Control Board, thinks fit, and shall be publicly notified in such manner, and shall be subject to such conditions, as the Board or the Liquid Fuel Control Board determines.

(3.) Where a licensed retailer or consumer proves to the satisfaction of the Board or a Liquid Fuel Control Board that he has suffered a loss of motor spirit or diesel oil fuel by reason of leakage or accident, the Board, or the Liquid Fuel Control Board, may issue to him a certificate certifying the quantity of motor spirit or diesel oil fuel which has been so lost, and granting him an allowance in respect of the loss.

(4.) Notwithstanding anything contained in these Regulations—

(a) a licensed retailer or consumer who is entitled, pursuant to a grant under this regulation, to an allowance for evaporation or loss, may, upon surrender to a licensed bulk supplier of a statement in an authorized form covering the quantity of motor spirit or diesel oil fuel to be obtained by way of evaporation allowance, or a certificate issued under sub-regulation (3.) of this regulation, as the case may be, obtain from the bulk supplier, without the surrender of any ration tickets in respect thereof, the quantity of motor spirit or diesel oil fuel specified in the statement or certificate; and

(b)the bulk supplier may, upon receipt of the statement or certificate, supply that quantity of motor spirit or diesel oil fuel, and the provisions of regulation 49 shall apply to every statement or certificate received by a bulk supplier in pursuance of the regulation as if it were a cancelled ration ticket received by him.

Applications for consumer’s licences.

19. Every person desiring to obtain a motor spirit or diesel oil fuel consumer’s licence to purchase any motor spirit or diesel oil fuel, as the case may be, for his own use may make application to a Liquid Fuel Control Board accordingly.

Grant of consumers’ licences.

20. Where application is made under the last preceding regulation to a Liquid Fuel Control Board, that Board may, subject to any direction of the Board, grant to the applicant a motor spirit or diesel oil fuel consumer’s licence, as the case requires, either in terms of the application therefor or for portion only of the quantity of motor spirit or diesel oil fuel desired or it may, subject to any such direction, refuse the application.

Supply of ration tickets.

21. The holder of a motor spirit, or diesel oil fuel consumer’s licence may obtain each month, free of charge, ration tickets corresponding to the monthly quantities of motor spirit or diesel oil fuel authorized by his licence.

Motor spirit not to be sold, &c., otherwise than for a purpose set out in application.

22.—(1.) Any person who acquires motor spirit or diesel oil fuel under a motor spirit or diesel oil fuel consumer’s licence shall not sell or otherwise dispose of any such spirit or fuel, or use it otherwise than for the purpose set out in his licence unless he first obtains the approval of a Liquid Fuel Control Board.

(2.) In any proceedings for a contravention of sub-regulation (1.) of this regulation, any motor spirit or diesel oil fuel in the possession of the person charged shall, until the contrary is proved, be deemed to have been acquired under a motor spirit or diesel oil fuel consumer’s licence, as the case may be.

Aviation spirit consumers’ licences.

23.—(1.) Any person desiring to obtain, otherwise than as a bulk supplier or as a retailer, any aviation spirit shall apply to the Director-General of Civil Aviation for an aviation spirit consumer’s licence.

(2.) The application shall be in such form as the Director-General requires.

(3.) The Director-General may grant to the applicant an aviation spirit consumer’s licence in such terms, for such period, and on such conditions, as he thinks fit, or may refuse the application.

(4.) Subject to this regulation, and unless the contrary intention appears, any reference in these Regulations to a motor spirit consumer’s licence shall be read, in relation to aviation spirit, as a reference to an aviation spirit consumer’s licence, and the provisions of these Regulations shall apply, mutatis mutandis, accordingly.

(5.) The Director-General of Civil Aviation may, in relation to any licence granted by him in pursuance of this regulation, exercise any powers which the Board, or a Liquid Fuel Control Board, may exercise in relation to motor spirit consumers’ licences.

(6.) In the exercise of his powers and functions under this regulation the Director-General of Civil Aviation shall be subject to the directions of the Board, and the Board may itself exercise any of those powers or functions.

(7.) For the purposes of this regulation “aviation spirit” means motor spirit of an octane rating of seventy-three or more.

Motor spirit or diesel oil fuel not to be disposed of without a licence.

24. Except under and in pursuance of a motor spirit or diesel oil fuel bulk supplier’s or retailer’s licence, as the case may be, granted under these Regulations, a person shall not dispose of any motor spirit or diesel oil fuel in any part of the Commonwealth (other than the Northern Territory).

Application for retailer’s licence.

25.—(1.) Every person desiring to obtain a motor spirit or diesel oil fuel retailer’s licence to dispose of any motor spirit or diesel oil fuel shall make application to a Liquid Fuel Control Board accordingly.

(2.) Where it is desired to dispose of motor spirit or diesel oil fuel at more than one business owned or controlled by one person or, where the business has branches in more than one State or Territory, at more than one branch, a separate application shall be made in respect of each such business or branch.

(3.) The application may be made by the manager of the business or branch thereof or by his authorized agent.

(4.) For the purposes of this regulation, a Liquid Fuel Control Board may define what is to be regarded as one business and who is to be regarded as the manager of a business or the authorized agent of the manager.

Grant of retailer’s licence.

26.—(1.) Where application is made under regulation 25 of these Regulations to a Liquid Fuel Control Board, that Board may, subject to any direction of the Board, grant a motor spirit or diesel oil fuel retailer’s licence, as the case requires, in terms of the application or in such other terms as it thinks fit, or it may, subject to any such direction, refuse the application.

(2.) A motor spirit or diesel oil fuel retailer’s licence shall authorize the holder thereof to purchase quantities of motor spirit or diesel oil fuel equivalent to the motor spirit or diesel oil fuel ration tickets handed over to the bulk supplier from whom the motor spirit or diesel oil fuel, as the case may be, is purchased.

(3.) The holder of a retailer’s licence shall cause the licence to be displayed in a prominent place at the premises where the business or branch in respect of which the licence is granted is carried on.

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

27.—(1.) A person shall not dispose of any motor spirit or diesel oil fuel to the holder of a motor spirit or diesel oil fuel consumer’s licence as the case may be, unless—

(a) the licence is produced to him by the holder immediately before every such disposal;

(b)motor spirit or diesel oil fuel ration tickets have been delivered to him corresponding to the quantity to be disposed of; and

(c) before delivering the motor spirit or diesel oil fuel, he verifies the particulars required by sub-regulation (2.) of this regulation to be endorsed on the back of each ration ticket by comparing each ticket with the licence.

(2.) Before surrendering motor spirit or diesel oil fuel ration tickets (other than special bulk ration tickets) to the person disposing of the motor spirit or diesel oil fuel, the holder of the licence, or his authorized servant or agent, shall endorse on the back of each ration ticket the number of the licence and, where the acquisition is effected by a servant or agent of the licensee, the name of his employer or principal, and shall sign his name to the endorsement.

(3.) A licensed retailer shall, immediately on receipt of any ration ticket, cancel the ticket by writing in ink on, or stamping across, its face, the word “Cancelled”, followed by the name and house number of the retailer.

(4.) Paragraphs (a) and (c) of sub-regulation (1.), and sub-regulation (2.) of this regulation shall come into operation on the seventh day of January, 1941.

Bulk suppliers to be licensed.

28. A person, not being the holder of a motor spirit or diesel oil fuel bulk supplier’s licence, shall not dispose of any motor spirit or diesel oil fuel to the holder of a motor spirit or diesel oil fuel retailer’s licence, as the case may be.

Application for bulk supplier’s licence.

29.—(1.) Every person desiring to obtain a motor spirit or diesel oil fuel bulk supplier’s licence to dispose of any motor spirit or diesel oil fuel to retailers shall make application to the Board accordingly.

(2.) Where it is desired to dispose of motor spirit or diesel oil fuel at more than one business owned or controlled by one person, or, where the business has branches in more than one State or Territory, at more than one branch, a separate application shall be made in respect of each such business or branch.

(3.) The application may be made by the manager of the business or branch thereof or by his authorized agent.

(4.) For the purposes of this regulation, the Board may define what is to be regarded as one business and who is to be regarded as the manager of a business or the authorized agent of the manager.

Grant of bulk supplier’s licences.

30.—(1.) Where application is made under regulation 28 of these Regulations to the Board, the Board may, in its absolute discretion, grant a motor spirit or diesel oil fuel bulk supplier’s licence, as the case requires, in terms of the application or in such other terms as it thinks fit, or it may refuse the application.

(2.) The holder of a bulk supplier’s licence shall cause the licence to be displayed in a prominent place at the premises where the business or branch in respect of which the licence is granted is carried on.

Supply of liquid fuel to retailers.

31.—(1.) A person shall not dispose of any motor spirit or diesel oil fuel to the holder of a motor spirit or diesel oil fuel retailer’s licence, as the case may be, unless—

(a) the licence is displayed as required by sub-regulation (3.) of regulation 26 of these Regulations; and

(b)on the occasion of each delivery, and not before, motor spirit or diesel oil fuel ration tickets are received by him corresponding to the quantity to be delivered.

(2.) A licensed retailer shall, before accepting delivery of any motor spirit or diesel oil fuel from a bulk supplier, surrender, in such manner as the Board directs, cancelled ration tickets corresponding to the quantity of motor spirit or diesel oil fuel to be delivered.

(3.) A licensed retailer shall return any ration tickets surrendered to him, and not surrendered by him to a bulk supplier, until directed by a Liquid Fuel Control Board to deliver them to it, when he shall deliver them accordingly.

Existing contracts as to acquisition or disposal of motor spirit superseded.

32. Notwithstanding anything in any contract entered into before the coming into operation of the regulations repealed by regulation 2 of these Regulations, a person shall not acquire or dispose of any motor spirit or diesel oil fuel in any part of the Commonwealth (other than the Northern Territory) except in accordance with the terms of his motor spirit or diesel oil fuel consumer’s licence, or motor spirit or diesel oil fuel bulk supplier’s or retailer’s licence, as the case may be.

Duration of licence.

33.—(1.) A licence shall be in force until revoked or cancelled or for such period as is specified in or endorsed on the licence.

(2.) The Board, in the case of a motor spirit or diesel oil fuel bulk suppliers’ licence, or, subject to any direction of the Board, a Liquid Fuel Control Board, in the case of any other licence, may, upon application, renew the licence.

Revocation and cancellation of licences.

34.—(1.) The Board, in the case of a motor spirit or diesel oil fuel bulk supplier’s licence, and the Board or, subject to any direction of the Board, a Liquid Fuel Control Board, in the case of any other licence, may revoke the licence at any time by notice in writing to the licensee, who shall thereupon return the licence and any ration tickets held by him to the Board or to the Liquid Fuel Control Board by which the licence was granted.

(2.) If any vehicle or engine in respect of which a motor spirit or diesel oil fuel consumer’s licence is held, or which is included in any such licence, is sold or otherwise disposed of, or the registration thereof is not renewed or is cancelled or suspended, the motor spirit or diesel oil fuel consumer’s licence, and (in the case of a vehicle) any authorized memorandum relating to that vehicle, and any unused ration tickets issued in respect of that vehicle or engine, shall be returned forthwith to the Liquid Fuel Control Board by which it was granted for purposes of cancellation or alteration.

Issue of duplicate licences.

35.—(1.) In the event of a licence being lost, stolen or destroyed or becoming mutilated or illegible, the Board, in the case of a motor spirit or diesel oil fuel bulk supplier’s licence, or the Liquid Fuel Control Board by which it was granted, in the case of any other licence, may issue to the person to whom the licence was granted a duplicate thereof (bearing the word “Duplicate”) upon that person making a

statutory declaration declaring the circumstances of the loss, theft or destruction or upon his surrendering the mutilated or illegible licence, as the case may be, and upon his paying a fee of Two shillings and sixpence.

(2.) A duplicate licence shall be of the same effect as the original licence and the provisions of these Regulations shall apply accordingly.

Custody of licences.

36. The holder of a licence shall keep it in safe custody and shall not assign, transfer, lend or part with the possession of it to any person, except at the direction of a Liquid Fuel Control Board, otherwise than by placing it in the custody of his servant or agent for a purpose connected with these Regulations.

Production and return of licences.

37.—(1.) The holder of a licence shall—

(a) within seven days after the posting of a notice addressed to him at his last known place of business or residence, requiring him to produce or return the licence;

(b) within seven days after the expiry thereof or any change of his address; or

(c) within seven days after the publication by the Board or a Liquid Fuel Control Board of a notice in the Gazette or in a daily newspaper circulating in the town or place where he resides or has his place of business requiring the production or return of the licence,

produce or return, as the case may be, the licence to the Board or to the Liquid Fuel Control Board by which it was granted.

(2.) A person shall not fail to produce or return his licence during the period within which he is required so to do, and, in the event of such failure, the licence shall be deemed to be cancelled and shall be void and of no effect except as regards a person acting in reliance thereon without knowledge of the facts by reason whereof the licence is deemed to be cancelled.

Servants and agents.

38. Notwithstanding anything contained in these Regulations, the servant or agent of the holder of a licence may, if so authorized by the holder, dispose of, or purchase, motor spirit or diesel oil fuel on behalf of the holder of the licence, and may do all things necessary to be done by the holder in connexion with such disposal or purchase.

False or misleading statements.

39. A person shall not make in any application under these Regulations any statement which is false or misleading in any particular.

Part V.—Miscellaneous.

Licence fees.

40. The Board may, by order, fix the fees (not exceeding in the case of any one licence the amount of One pound) to be paid by an applicant on the issue of any licence under these Regulations.

Orders.

41. Any order under these Regulations may contain such incidental and supplementary provisions as appear to the Board to be necessary or expedient for the purposes of the order and may be made either so as to apply generally, or in relation to any specified person or class of persons, or in relation to any specified day or period, or in relation to liquid fuel generally or to any specified class of liquid fuel.

Exemptions.

42. The Board may, by order, exempt any person or area from the application of the whole or any of the provisions of these Regulations or of any order made by the Board.

Publication of orders.

43.—(1.) An order made by the Board may be published in the Gazette or in a daily newspaper circulating in the town or place covered by the order and, upon being so published, shall be deemed to have been sufficiently served upon, or brought to the notice of, all persons concerned or affected thereby.

(2.) In the case of an order applicable to a particular person only, the order may be served upon that person by delivering a copy thereof to him by hand, or by posting a copy thereof to him at his last known place of abode or business.

Disposition of liquid fuel.

44. The purported exercise by any person of any powers of disposition over any motor spirit or diesel oil fuel shall be deemed to be a disposition thereof notwithstanding that the motor spirit or diesel oil fuel may not be within the ownership or possession of that person.

Inspection of storage tanks.

45. Every person who has in his possession any storage tank used for the storage of liquid fuel shall at all reasonable times allow any authorized person to inspect the storage tank and to take samples therefrom and to gauge its contents by dipstick or other appropriate method.

Retailers to keep stock records, &c.

46.—(1.) Every holder of a motor spirit or diesel oil fuel retailer’s licence shall submit to a Liquid Fuel Control Board, within seven days after the close of each month, a schedule of stocks and shall retain, for a period of twelve months, a duplicate copy of each such schedule.

(2.) Every applicant for or holder of a motor spirit or diesel oil fuel consumer’s licence shall, if required by a Liquid Fuel Control Board, furnish a statement setting out the stocks of motor spirit or diesel oil fuel held by him on the date specified by that Board.

Records to be kept by bulk suppliers, &c.

47. Every person importing or producing liquid fuel or supplying such fuel in bulk shall keep such records and shall forward to the Board such returns as the Board from time to time requires.

Maintenance of records.

48.—(1.) Except as otherwise provided in these Regulations, every person required to keep a record under these Regulations shall maintain the record at his place of business for a period of twelve months from the date of the last entry therein unless, pursuant to a requirement of the Board, he delivers the record to the Board.

(2.) Every such person shall at all times while the record remains in his custody allow any authorized person to inspect the record at all reasonable times and to make copies of, and extracts from, the record.

Disposal of cancelled ration tickets.

49.—(1.) Where any cancelled ration tickets are received by a licensed bulk supplier, the bulk supplier shall retain the tickets, arranged in such manner as the Board directs, until required to deliver the tickets in pursuance of the next succeeding sub-regulation.

(2.) A licensed bulk supplier shall, whenever required by the Board so to do, produce for inspection by a person authorized by the Board any ration tickets which are in his possession, or deliver

to the Board or to a Liquid Fuel Control Board at the time and place specified by it any ration tickets specified by the Board or by the Liquid Fuel Control Board, as the case may be, for destruction.

(3.) The Board or the Liquid Fuel Control Board to which the tickets are delivered in pursuance of the last preceding sub-regulation, or an authorized person, shall give a written receipt for the tickets to the licensed bulk supplier.

Compliance with requirements.

50. A person shall comply with every requirement made of or applicable to him under or in pursuance of any provision of these Regulations or any order made under any such provision.

Offences.

51.—(1.) A person shall not, without lawful excuse (proof whereof shall lie upon him)—

(a) make or utter any counterfeit or forged ration ticket or licence;

(b) make, sell, use or have in his possession any die, plate or other instrument or thing for printing or making any counterfeit or forged ration ticket or licence;

(c) have in his possession any counterfeit or forged ration ticket or licence, or, otherwise than in accordance with these Regulations, any ration ticket or licence;

(d)offer or agree to supply, or supply, to any other person, otherwise than in accordance with these Regulations, whether by way of loan or otherwise, and whether or not for valuable consideration, a ration ticket or licence, or a counterfeit or forged ration ticket or licence;

(e) accept or obtain, or offer or agree to accept, possession of a counterfeit or forged ration ticket or licence or, otherwise than in accordance with these Regulations, possession of a ration ticket or licence.

(2.) In any prosecution under paragraph (d) or paragraph (e) of sub-regulation (1.) of this regulation for offering or agreeing to supply or to accept possession of a ration ticket or licence or a counterfeit or forged ration ticket or licence, it shall not be a necessary element of the offence that any ration ticket or licence, or counterfeit or forged ration ticket or licence, the subject of the offer or agreement was in existence.

(3.) Every counterfeit or forged ration ticket or licence and every die, plate or other instrument or thing for printing or making any counterfeit or forged ration ticket or licence shall be forfeited to the King.

Evidence of possession and use of ration tickets.

52. In any prosecution in respect of a contravention of these Regulations, the production of a ration ticket (including a counterfeit or forged ration ticket) having endorsed thereon any of the particulars required by sub-regulation (2.) of regulation 27 of these Regulations shall be prima facie evidence that the holder of the consumer’s licence whose name or licence number appears thereon or, where the ration ticket bears the name of a person other than the holder of a licence (whether or not purporting to act as the servant or agent of the holder of a licence) the person whose name appears on the ration ticket, had possession of the ration ticket and surrendered it in order to obtain motor spirit or diesel oil fuel.

Proof of certificates and signatures in court proceedings.

53.—(1.) In any prosecution for a contravention or failure to comply with any provision of these Regulations or with any order made in pursuance of any such regulation—

(a) any certificate, notice or other document bearing the written, stamped or printed signature of the controller of Liquid Fuel, or of the secretary to the Board or to a Liquid Fuel Control Board, or of the Liquid Fuel Authority for the Australian Capital Territory shall, until the contrary is proved, be deemed to have been duly signed by the person by whom it purports to have been signed;

(b) any such certificate certifying to—

(i) the licensing or non-licensing of persons, or the revocation or cancellation of licences, under these Regulations; or

(ii) the terms and conditions of any licence,

shall be prima facie evidence of the facts stated in the certificate.

(2.) Judicial notice shall be taken of every such signature, and of the fact that the person whose signature it purports to be holds or has held the office of, or is performing or has performed the duties of, controller of Liquid Fuel, Secretary to the Board or to a Liquid Fuel Control Board, or the Liquid Fuel Authority for the Australian Capital Territory.

(3.) For the purpose of these Regulations, any reference to the Controller of Liquid Fuel, or to a Secretary or Authority shall include a reference to any person for the time being holding the office or performing the duties of the Controller of Liquid Fuel, or of the Secretary or Authority.

Information to be furnished.

54.—(1.) The Board or a Liquid Fuel Control Board, or any authorized person may require any person to furnish any information, either orally or in writing, or to produce any accounts, books or documents, relating to transactions in or in connexion with, and stocks of, motor spirit or diesel oil fuel, and may make and take away copies of, or extracts from, any accounts, books or documents so produced.

(2.) No person shall be excused from furnishing any information or producing any accounts, books or documents, when required so to do in pursuance of this regulation, on the ground that that furnishing or production might tend to criminate him or make him liable to a penalty; but the information furnished by him, or obtained from the production by him of accounts, books or documents, under this regulation shall not be admissible in evidence against him in any civil or criminal proceeding other than a proceeding in respect of a contravention of these Regulations.

(3.) A person shall not, when lawfully required in pursuance of this regulation to furnish any information, or to produce any accounts, books or documents, in his possession or under his control—

(a) refuse or fail to furnish the information or to produce the accounts, books or documents; or

(b) furnish any information which is false or misleading in any particular.

 

Inspectors.

55.—(1.) The Board or a Liquid Fuel Control Board may by writing appoint such persons to be inspectors as it thinks fit.

(2.) Every inspector shall have power to require the production of any licence or ration ticket, or any record in connexion with the sale, disposal, purchase or acquisition of liquid fuel.

(3.) A person shall not refuse or fail to comply with any lawful requirement of an inspector.

Forms.

56.The forms to be used in connexion with these Regulations (including the forms of ration tickets) shall be such as are authorized from time to time.

 

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