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

STATUTORY RULES.

1941. No. 47.

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 seventh day of February, 1941.

Governor-General.

By His Excellency’s Command,

Acting Minister of State for Defence Co-ordination.

 

National Security (Marine War Risks Insurance) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Marine War Risks Insurance) Regulations.

Administration.

2. These Regulations shall be administered by the Treasurer.

Definitions.

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

“Australian ship” means a ship registered in Australia;

“ship” includes every boat or other description of vessel used for any purpose on the sea or in navigation not ordinarily propelled by oars only and includes the hull, materials and outfit, stores and provisions for the officers and crew, the machinery, boilers, fuel and engine stores, and, in the case of a ship engaged in a special trade, the ordinary fittings requisite for the trade;

“the Board” means the Commonwealth Marine War Risks Insurance Board constituted under these Regulations;

“war risk” in relation to any ship means any risk arising from—

(a) hostilities or warlike operations;

(b) capture, seizure, arrest, restraint or detainment and the consequences thereof, or of any attempt thereat, effected or brought about in connexion with hostilities or warlike operations;

* Notified in the Commonwealth Gazette on  , 1941.

1043.—16/25.2.1941.—Price 3d.

 

(c) rebellion, revolution, insurrection or civil war, or civil strife arising therefrom, in any place where the ship is for the time being;

(d) piracy; or

(e) mines, torpedoes, bombs, aircraft or other engines of war,

and includes such other risks as the Treasurer, by order published in the Gazette, specifies.

Application of Regulations.

4. These Regulations shall apply—

(a) to Australian ships which are engaged in trading solely between ports in Australia; and

(b) to such other Australian ships, or ships included in a class of Australian ships, as are specified by the Board by order published in the Gazette.

Contracts of marine war risk insurance not to be entered into except with the Board.

5.—(1.) Subject to the next succeeding sub-regulation, a person shall not enter into any contract for the insurance against any war risk of a ship to which these Regulations apply.

(2.) Nothing in the last preceding sub-regulation shall apply to, or in relation to, any contract of insurance or re-insurance entered into by or with, or with the consent of, the Board.

Commonwealth Marine War Risks Insurance Board.

6.—(1.) For the purposes of these Regulations, there shall be a Commonwealth Marine War Risks Insurance Board, which shall be constituted in the manner provided in these Regulations.

(2.) The Board shall be a body corporate, with perpetual succession and a common seal, and may sue or be sued in its corporate name.

(3.) The Board shall consist of a Chairman and such other members (not exceeding four) as the Governor-General thinks fit.

(4.) The members of the Board shall be appointed by the Governor-General and shall hold office during his pleasure.

(5.) The Governor-General may appoint a Justice of the High Court to be the Chairman of the Board.

Remuneration of members of Board.

7.—(1.) Subject to the next succeeding sub-regulation, the members of the Board shall be paid such remuneration and allowances (if any) as the Governor-General determines.

(2.) If the Governor-General appoints a Justice of the High Court to be the Chairman of the Board his service as Chairman shall be in an honorary capacity.

Board not subject to taxation.

8. The income, property and operations of the Board shall not be subject to taxation under any law of the Commonwealth or of a State or Territory of the Commonwealth, and no policy or other instrument issued, made, given or entered into by the Board shall be subject to stamp duty under any such law.

Powers of Board.

9.—(1.) The Board shall have power—

(a) to insure against war risks ships to which these Regulations or the National Security (Shipping Control) Regulations apply; and

(b) to do all things incidental to such insurance (including entering into contracts of re-insurance in respect of ships insured by the Board).

 

(2.) Any contract of insurance in respect of a ship entered into in pursuance of the power conferred by this regulation may be for any amount not exceeding such amount as the Board is satisfied represents the full insurable value of the ship.

Marine War Risks Insurance Trust Account.

10.—(1.) For the purposes of these Regulations, there shall be a Trust Account, to be known as the Marine War Risks Insurance Trust Account, which shall be a Trust Account for the purposes of section 62a of the Audit Act 1901–1934.

(2.) There shall be credited to the Trust Account—

(a) all moneys received by the Board in the exercise of its powers under these Regulations; and

(b)all moneys advanced to the Board, or appropriated by the Parliament, for the purposes of these Regulations.

(3.) There shall be debited to the Trust Account all expenditure incurred by the Board in the exercise of its powers under these Regulations.

Guarantee by Commonwealth.

11. The Commonwealth, by force of this regulation, guarantees the payment of any debt or other liability incurred by the Board in the exercise of its powers under these Regulations.

Investigation.

12. The Treasurer may refer to the Board for investigation and report any matter relating to insurance against war risks and the Board shall make an investigation and report accordingly.

Arrangements with States.

13.—(1.) The Governor-General may arrange with the Governor in Council of any State for the performance by an officer in the public service of the State or in the service of any authority of the State, for the Board, of any work or services in connexion with the exercise of the powers of the Board under these Regulations.

(2.) In any such case, the Governor-General may, by agreement with the Governor in Council of the State or otherwise, make arrangements for determining—

(a) the rate of payment to be made by the Board for the work or services to be performed; and

(b) any matters relating to the performance of the work or services.

Annual Report.

14. The Board shall, in the month of July in each year, report to the Treasurer generally as to the operation of these Regulations.

 

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