National Security (Marine War Risks Insurance) Regulations (Amendment) (Cth)

STATUTORY RULES.

1943. No. 24.

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-ninth day of January, 1943.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

for and on behalf of the Minister of

State for Defence.

 

Amendment of the National Security (Marine War Risks Insurance) Regulations. 

Commencement.

1. These Regulations shall come into operation on the first day of February, 1943.

Definitions.

2. Regulation 4 of the National Security (Marine War Risks Insurance) Regulations is amended by omitting paragraph (a) of the definition of “war risks” and inserting in its stead the following paragraph:—

“(a) the risks excluded from the Standard Form of English Marine Policy by the following clause:—

‘Warranted free of capture, seizure, arrest, restraint or detainment, and the consequences thereof or of any attempt thereat; also from the consequences of hostilities or warlike operations, whether there be a declaration of war or not; but this warranty shall not exclude collision, contact with any fixed or floating object (other than a mine or torpedo), stranding, heavy weather or fire unless caused directly

 

* Notified in the Commonwealth Gazette on , 1943.

  Statutory Rules 1942, No. 317, as amended by Statutory Rules 1942, No. 489.

 

(and independently of the nature of the voyage or service which the vessel concerned or, in the case of a collision, any other vessel involved therein, is performing) by a hostile act by or against a belligerent power; and for the purpose of this warranty “power” includes any Authority maintaining Naval, Military or Air Forces in association with a power. Further warranted free from the consequences of civil war, revolution, rebellion, insurrection, or civil strife arising therefrom, or piracy.’;”.

Narration of certain policies.

3. Where any policy of marine insurance issued prior to the date of commencement of these Regulations by the Commonwealth Marine War Risks Insurance Board (not being a policy which will expire within three months after that date) insures any person against the risks excluded from the Standard Form of English Marine Policy by the clause specified in paragraph (a)of the definition of “war risks.” in regulation 4 of the National Security (Marine War Risks Insurance) Regulations, as in force immediately prior to the date of commencement of these Regulations, that policy shall be deemed instead to insure that person, as from that date, against the risks excluded from the Standard Form of English Marine Policy by the clause specified in paragraph (a)of the definition of “war risks” in regulation 4 of the National Security (Marine War Risks Insurance) Regulations as amended by these Regulations.

 

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