National Security (Mobilization of Electricity Supply) Regulations (Cth)

STATUTORY RULES.

1942. No. 413.

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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 September, 1942.

(SGD.) GOWRIE

Governor-General.

By His Excellency’s Command,

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

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National Security (Mobilization of Electricity Supply) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Mobilization of Electricity Supply) Regulations.

Administration.

2. These Regulations shall be administered bythe Minister of State for Munitions.

Objects.

3. The objects of these Regulations are to secure, in the interests of the defence of the Commonwealth and the successful prosecution of the war, that the generation, transmission, distribution and supply of electricity are mobilized and co-ordinated and for those purposes to ensure that electricity generating sets, boilers, transformers, switch gear and all associated and incidental materials and property are obtained, used and available at the localities where most needed and to ensure that all the supplies of electricity are maintained to the utmost capacity possible, and these Regulations shall be administered accordingly.

Definitions.

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

“Control Region” means any part of the Commonwealth declared to be a Control Region under these Regulations;

“Director-General” means the Director-General of Munitions appointed under the National Security (Munitions) Regulations;

 

* Notified in the Commonwealth Gazette on , 1942.

6550.—Price 3d. 25/23.9.1942.

 

“electricity undertaking” means any undertaking which is carried on or capable of being carried on for the generation or supply of electricity and includes any such undertaking which is authorized by or under any law or is carried on by or on behalf of the Commonwealth or a State or a local governing authority;

“Regional Controller”, in relation to a Control Region, means the Regional Controller of Electricity Supply appointed for that Region under these Regulations;

“the Controller” means the Controller of Electricity Supply appointed under these Regulations.

Controller and Regional Controllers.

5.—(1.) There shall be a Controller of Electricity Supply who shall be appointed by the Minister on the recommendation of the Director-General and shall have such powers and functions as are prescribed by these Regulations.

(2.) The Minister may, in relation to any Control Region, appoint, on the recommendation of the Director-General, a person to be a Regional Controller of Electricity Supply for that Region.

Control Regions.

6. The Director-General may, by notice published in the Gazette, declare any part of the Commonwealth to be a Control Region for the purposes of these Regulations.

Powers and functions.

7. The powers and functions of the Controller shall, subject to these Regulations and to any direction of the Minister or of the Director-General, be—

(a)to report and make recommendations with respect to—

(i) financial matters relative and incidental to the generation, supply and distribution of electricity;

(ii) measures to supplement existing sources of electricity supply;

(iii) measures for the removal of generating plant from one place or site to another;

(iv) measures to secure an adequate supply of labour at any place in order to secure the effective generation or supply of electricity at that place;

(v) the supply of fuel for the generation of electricity and the supplementation of the existing supplies of fuel for that purpose;

(vi) the availability of supplies of electricity in relation to the selection of sites for factories; and

(vii) any other matters relating to the generation, supply, distribution or consumption of electricity; and

(b) by order, to make provision for or in relation to—

(i) the regulation, restriction or prohibition of the generation, distribution, supply or consumption of electricity;

(ii) the fixation of voltages, frequencies, boiler pressures and associated matters to be used in connexion with electricity undertakings.

 

Co-operation with existing facilities.

8. In carrying out hispowers and functions under these Regulations, the Controller shall, so far as practicable and so far as he deems it necessary so to do, co-operate with the persons carrying on existing electricity undertakings and utilize the organization and administrative and technical facilities of those undertakings.

Delegation by Controller.

9.—(1.) The Controller may with respect to any matters or class of matters in relation to any Control Region, by writing under his hand, delegate all or any of his powers and functions under these Regulations (except this power of delegation and the power conferred under regulation 10 of these Regulations) to the Regional Controller for that Region so that the delegated powers and functions may be exercised by the delegate with respect to the matters or class of matters specified in the instrument of delegation in relation to that Control Region.

(2.) Every delegation under this regulation shall be revocable at will, and no delegation shall prevent the exercise of any power or function by the Controller.

Powers of electricity undertakings.

10. Subject to any directions of the Minister, the Director-General or the Controller may, by order, enlarge the powers and functions of the person carrying on an electricity undertaking, or relax any obligation or limitation imposed on him by, or in pursuance of, any law or instrument determining its powers and functions, to such extent as is necessary to enable compliance with any order under these Regulations.

Exercise of powers.

11. Any exercise of power by the Director-General or Controller may be general or limited to any electricity undertaking or person or class of electricity undertakings or persons or to any Control Region or part of any Control Region.

General functions of Director-General.

12. The Director-General shall have the direction and control of the following matters:—

(a) The operation of undertakings concerned in the generation, transmission, distribution and supply of electricity;

(b)The acquisition by the Commonwealth and the establishment of such undertakings;

(c) The securing of supplies of materials, plant, tools and equipment for the purposes of such undertakings;

(d)The employment and training of technicians, workmen and others for the purposes of such undertakings;

(e) The control of the nature and extent of the output or production of any such undertaking; and

(f) The arrangements, and all action necessary, to secure the generation, transmission, distribution and supply of electricity.

Special power to Director-General.

13. In the exercise of his functions under these Regulations the Director-General may, on behalf of the Commonwealth, notwithstanding anything contained in any other law—

(a) make and vary contracts and agreements;

(b) employ such persons as are necessary;

 

(c) direct any contractor with the Commonwealth or with an authority of the Commonwealth or any person sub-contracting for such a contractor as to the manner of carrying out the work for which he has contracted or sub-contracted;

(d)requisitioning or compulsorily acquiring any property other than land which he thinks necessary including exclusive rights or licence and privilege;

(e) acquire by purchase any goods or chattels or things in action (including rights in relation to inventions); and

(f