National Security (Protection of Bulk Oil Installations) Regulations (Cth)

STATUTORY RULES.

1941. No. 298.

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 sixteenth day of December, 1941.

Governor-General.

By His Excellency’s Command,

for and on behalf of the Minister of State for Defence Co-ordination.

 

National Security (Protection of Bulk Oil Installations) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Protection of Bulk Oil Installations) Regulations.

Administration.

2. These Regulations shall be administered by the Minister of State for Home Security.

Definitions.

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

“bulk oil installation” means any place or premises at which oil is stored or handled in bulk, and includes any tanks and plant used at any such place or premises in connexion with that storage or handling;

“oil” means power alcohol and any mineral oil, whether crude or refined, and includes motor spirit and aviation spirit, whether crude or refined;

“owner” includes lessee;

“protective measures” in relation to a bulk oil installation includes the installation of equipment and provision of personnel for preventing and fighting fire, the construction of bunds, screen-walls and booms, and any other measures of any kind whatever for the protection of the bulk oil installation or property or persons in the neighbourhood thereof;

“the Minister” means the Minister of State for Home Security.

 

* Notified in the Commonwealth Gazette on , 1941.

8079.—20/15.12.1941—Price 3d.

Bulk Oil Protection Advisory Committee.

4.—(1.) There shall be a Committee, to be known as the Bulk Oil Protection Advisory Committee, which shall consist of such persons as are appointed by the Minister.

(2.) The Minister shall appoint one of the members to be Chairman of the Committee.

Function of Committee.

5. The function of the Committee shall be to advise the Minister on matters relating to protective measures in relation to bulk oil installations, and otherwise in the administration of these Regulations.

Secretary and officers.

6.—(1.) The Minister may appoint a person to act as Secretary to the Committee, and such other officers as may be necessary to assist the Committee.

(2.) The Secretary and other officers of the Committee shall hold office during the pleasure of the Minister and upon such terms and conditions as the Minister determines.

Meetings of Committee.

7.—(1.) Meetings of the Committee shall be held at such times and places as are determined by the Committee or notified to members of the Committee by the Secretary.

(2.) The Minister may appoint a person to act as Deputy 'Chairman of the Committee.

(3.) The Deputy Chairman shall act as Chairman of the Committee whenever the Chairman is unable, owing to illness or for any other reason, to perform the duties of that office, and the Deputy Chairman, while so acting, shall have, and may exercise and perform, all the powers and functions of the Chairman under these Regulations.

(4.) At any meeting of the Committee—

(a) not less than half the total number of members, in addition to the Chairman or Deputy Chairman, shall constitute a quorum;

(b) all questions before the Committee shall be decided by a majority of votes; and

(c) the Chairman shall have a deliberative vote, and, in the event of an equality of votes, shall also have a casting vote.

(5.) In the event of any member (other than the Chairman) being unable to attend any meeting of the Committee, he may nominate a person to attend in his stead.

(6.) A nomination in pursuance of the last preceding sub-regulation shall be in writing signed by the member, and shall be forwarded to the Chairman of the Committee prior to the commencement of the meeting to which it relates.

(7.) Any person nominated under this regulation to attend a meeting of the Committee shall have and may exercise at that meeting all the powers of the member by whom he was nominated.

Sub-committees.

8. The Committee may constitute sub-committees of its members or of other persons to assist it in such manner as it directs in the performance of its functions.

Power to co-opt advisers.

9. The Committee may nominate any person to attend any meeting of the Committee or of a sub-committee in an advisory capacity, but a person so nominated shall not have the right to vote on any question before the Committee or sub-committee.

 

Orders relating to protective measures.

10. The Minister may by order published in the Gazette require the owners of any bulk oil installations to take such protective measures in relation thereto as are specified in the order.

Minister may require protective measures to be taken.

11. Notwithstanding the provisions of any order made under these Regulations, the Minister may serve on the owner of any bulk oil installation a notice in writing requiring him, within a time specified in the notice, to take such protective measures in relation to that bulk oil installation as are specified in the notice.

Failure to comply with order or requirement.

12.—(1.) Where an owner has refused or failed to comply with the requirements of any order made or notice served under regulation 10 or regulation 11 of these Regulations, the Minister may, by writing under his hand, authorize any person, not less than seven days after service on that owner of his intention so to do, to enter the bulk oil installation in relation to which the requirements were made, and there to take such protective measures as were specified in the order or notice, and to do all such incidental things as are necessary or convenient to be done.

(2.) Where protective measures have been taken under the authority of the Minister pursuant to the last preceding sub-regulation, the Minister may serve on the person who was the owner of the installation at the time when the protective measures were commenced a notice stating the amount expended in taking the protective measures, and the amount so specified shall be a debt due by that person to the Commonwealth:

Provided that in any action for the recovery of any such debt, the Court before which the action is brought may determine whether the amount claimed is just, and, if it finds that the amount is excessive, may give judgment for a lesser amount.

Power to require reports to be furnished.

13. The Minister may serve upon the owner of any bulk oil installation a notice requiring him, within the time specified in the notice, to make a report in writing to the Minister in relation to protective measures which have been taken, are being taken, or are proposed to be taken, in relation to that installation.

Erection of new installations.

14. A person shall not, without the consent in writing of the Minister first had and obtained, commence the erection or construction of any bulk oil installation.

Power to enter property.

15.—(1.) Without prejudice to any other provision of these Regulations, for the purposes of these Regulations (including the obtaining of information to enable the Minister effectively to exercise his powers under these Regulations), any person authorized by the Minister may—

(a) enter upon and inspect any place, premises or works;

(b) require any person in possession of plans, photographs, or drawings of any place, premises, buildings or plant to produce them for examination and to permit copies thereof to be made;

(c) make plans and drawings of any place, premises, buildings or plant; and

(d) photograph places, premises, buildings or plant.

 

(2.) A person shall not prevent or attempt to prevent a person authorized by the Minister from exercising the powers conferred by this regulation, or refuse or fail, without reasonable cause, to comply with any requirement made in pursuance of this regulation.

Service of notice.

16. Any notice which is required or authorized by or under these Regulations to be served on any person may be served either personally or by posting it to, or leaving it at, his last-known place of abode or principal place of business in Australia or in the State or Territory of the Commonwealth in which the bulk oil installation in relation to which the notice is to be given is situated.

Offences.

17. A person shall not refuse or fail to comply with any requirement lawfully made on him by any order made or notice served under these Regulations.

Camouflage.

18. Nothing in these Regulations shall affect the operation of the National Security (Camouflage) Regulations.

 

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