STATUTORY RULES.
1941.
No. 232.
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 Seventeenth
day of September ,
1941.
Governor-General.
By His Excellency’s Command,
for and on behalf of the
Minister of State for Defence Co-ordination.
National
Security (Naval Charter Rates) Regulations.
Citation.
1. These Regulations may
be cited as the National Security (Naval Charter Rates) Regulations.
Administration.
2. These Regulations shall
be administered by the Minister of State for the Navy.
Purpose.
3. The purpose of these
Regulations is to establish, for certain ships requisitioned by the Minister
for naval purposes, charter rates and establishment charges which have already
been fixed under the authority of the Government of the Commonwealth by the
Chairman of the Shipping Control Board and to set up a Board for the purpose of
fixing charter rates and establishment charges for other ships or craft so
requisitioned.
Charter
rates and establishment charges for certain ships requisitioned tor naval
purposes.
4. For the ships named in
the Schedule to these Regulations, which have been requisitioned for naval
purposes, the charter rates and establishment charges fixed under the authority
of the Government of the Commonwealth by the Chairman of the Shipping Control
Board and set out in a list under his hand and recorded in the Minutes of the
Naval Board shall apply.
*
Notified in the Commonwealth Gazette
on ,
1941.
5440.—22/9.9.1941.—Price 3d.
Naval
Charter Rates Board.
5.—(1.)
There shall be a Board consisting of three members which shall be called the
Naval Charter Rates Board.
(2.) One member shall be a person
nominated by the Naval Board, one member shall be a practising barrister and
one member shall be a public accountant.
(3.) The members of the Board shall
be appointed by the Minister, who may fix the rates of their remuneration.
Charter
rates and establishment charges for other ships requisitioned for naval
purposes.
6. The Naval Charter Rates
Board shall inquire into and fix the charter rates which ought fairly to be
paid by the Commonwealth in respect of the use or services of ships (other than
those mentioned in the Schedule) and craft which have been or may be requisitioned
for naval purposes and the amount or rates (if any) which ought to be paid to
the owner of every such ship or craft on account of establishment charges.
Powers
of Board.
7.—(1.) The Naval Charter
Rates Board shall be an administrative and not a judicial tribunal but it shall
give all parties who appear to it to be interested an opportunity of being
heard, or of making representations, and it shall have power to hear evidence
on oath and to compel the attendance of witnesses and the production of
documents.
(2.) A person shall not refuse or
fail, without reasonable excuse, to obey a direction in writing of the Naval
Charter Rates Board to attend as a witness or to take an oath or affirmation or
to produce a document in his possession or custody.
Variation
of rates and charges by agreement.
8. The charter rates and
establishment charges established by or fixed under these Regulations in
respect of any ship or craft may be varied by agreement between the Minister
and the owner thereof or other person concerned, or, if the Minister refer the
question whether they should be varied to the Naval Charter Rates Board, by
that Board.
Rates
and charges to be binding.
9. The charter rates and
establishment charges established by or fixed under these Regulations and any
variation thereof made in pursuance of these Regulations shall bind the owners
of the ships or craft and other persons concerned and they shall not be entitled
to any other compensation or remuneration from the Commonwealth or the Naval
Board.
Limitation
of application of reg. 57 (4.) of National Security (General) Regulations.
10. Sub-regulation 4 of
regulation 57 of the National Security (General) Regulations shall be read
subject to these Regulations and after the commencement of these Regulations no
action shall be brought, whether under that sub-regulation or otherwise, in respect
of charter rates, establishment charges or other compensation for any ship or
craft requisitioned for naval purposes unless and until a charter rate and
establishment charges, if any, have been established by or fixed under these
Regulations.
SCHEDULE.
Bungaree.
Manoora.
Manunda.
Wanganella.
Westralia.
Zealandia.
By
Authority: L. F. Johnston,
Commonwealth Government Printer, Canberra.