National Security (Minerals) Regulations (Amendment) (Cth)

STATUTORY RULES.

1944. No. 35.

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REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1943.*

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 1939-1943.

Dated this sixteenth day of February, 1944.

(SGD.) GOWRIE

Governor-General.

By His Excellency’s Command,

for and on behalf of the Minister of State for Defence.

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Amendments of the National Security (Minerals) Regulations.

Powers of Controller.

1. Regulation 6 of the National Security (Minerals) Regulations is amended by omitting sub-regulation (4.).

2. The National Security (Minerals) Regulations are amended by adding at the end thereof the following Regulation:—

Compensation.

“10.—(1.) Subject to this regulation, the provisions of regulations 60d to 60m (inclusive), except regulation 60h, of the National Security (General) Regulations, and of the rules in force thereunder, shall apply in relation to things done in pursuance of paragraphs (a), (b) or (e) of sub-regulation (2.) of regulation 6 of these Regulations in like manner as if that regulation were a regulation specified in sub-regulation (1.) of regulation 60d of the National Security (General) Regulations.

“(2.) Before serving a notice in pursuance of sub-regulation (1.) of regulation 60e of the National Security (General) Regulations, as applied by this regulation, the Minister may, and shall on the written request of the claimant, submit the claim to a compensation board for directions as to the method which should be followed, and the matters which should be taken into account, in determining the amount of compensation.

 

* Notified in the Commonwealth Gazette on  , 1944.

  Statutory Rules 1942, No. 109, as amended by Statutory Rules 1943, No. 88.

477.—Price 3d. 9/24.1.1944.

 

“(3.) The rules from time to time in force under regulation 60m of the National Security (General) Regulations shall, mutatis mutandis, apply in relation to references under the last preceding sub-regulation.

“(4.) Upon a reference under sub-regulation (2.) of this regulation, the Board may give such directions as it thinks fit as to the method to be followed, and the matters to be taken into account, in determining the amount of compensation, and the Minister shall observe those directions.

“(5.) When a Board has given directions in pursuance of the last preceding sub-regulation, the Board shall not, in any subsequent reference to the Board under regulation 60e of the National Security (General) Regulations, as applied by this regulation, be bound to act in accordance with those directions if, on further consideration, it considers that those directions were not satisfactory.

“(6.) For the purposes of this regulation, references to ‘the Minister’ in the regulations applied by this regulation, other than the first such reference in regulation 60m, shall be deemed to be references to the Minister of State for Supply and Shipping.”.

Action taken before commencement of these Regulations.

3. In relation to anything done before the commencement of these Regulations in pursuance of paragraph (a), (b) or (e) of sub-regulation (2.) of regulation 6 of the National Security (Minerals) Regulations, claims may be made in pursuance of regulation 60d of the National Security (General) Regulations within two months after the commencement of these Regulations or within such further time as the Minister of State for Supply and Shipping allows, but no such claim shall, except with the consent of that Minister, be made by any person—

(a) to whom any sum has been paid as full compensation in respect of any loss or damage suffered by him by reason of the doing of that thing and who has accepted that payment without expressly reserving a right to claim further compensation; or

(b) who has agreed to accept any sum as full compensation in respect of any such loss or damage.

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