National Security (Rail Transport) Regulations (Cth)

STATUTORY RULES.

1941. No. 279.

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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 third day of December, 1941.

Governor-General.

By His Excellency’s Command,

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

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National Security (Rail Transport) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Rail Transport) Regulations.

Administration

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

Definitions.

3. In these Regulations, unless the contrary appears—

“the Chief Railway Executive Officer” means—

(a) in relation to the State of New South Wales, the Commissioner for Railways;

(b)in relation to the State of Victoria, the Chairman, Victorian Railway Commissioners;

(c) in relation to the State of Queensland, the Commissioner for Railways;

(d) in relation to the State of South Australia, the Railways Commissioner;

(e) in relation to the State of Western Australia, the Commissioner for Railways; and

(f) in relation to the State of Tasmania, the Transport Commissioner;

“the Committee” means the War Railway Committee constituted under these Regulations;

“the Minister” means the Minister of State for Transport.

 

* Notified in the Commonwealth Gazette on , 1941.

5964.—18/10.10.1941.—Price 3d.

 

Objects.

4. The objects of these Regulations are to establish Commonwealth control of all rail transport with a view to the more effectual use thereof in connexion with any war in which His Majesty is or may be engaged and to require that rail facilities, equipment and rolling stock shall be subject to direction, requisition and control in the interests of the public security and the prosecution of any such war, and these Regulations shall be administered and construed accordingly.

Normal rail transport to continue subject to regulations.

5. The administration and operation of rail transport shall, subject to these Regulations, and any order or direction thereunder, be continued as if these Regulations had not been made.

Powers of Minister.

6. In addition to the powers specifically conferred on him by these Regulations the Minister shall have all powers and authorities conducive or incidental to the objects of these Regulations.

Powers of Minister to make orders and give directions.

7.—(1.) The Minister is, by force of this regulation, empowered to control rail transport and for that purpose may, by order or by particular direction, make provision as to any matters relating to rail transport, and, in particular, without limiting the generality of the foregoing, with respect to—

(a) the operation of rail transport services;

(b) the order of priority to be accorded to the carriage of persons or classes of persons;

(c) the places at which persons shall be picked up or set down, or goods loaded, delivered or discharged;

(d) the places at which consignees of goods are to take delivery thereof;

(e) the times for the receipt of goods for, or the delivery of goods after, carriage by railway;

(f) the times for the loading of goods for, or the unloading of goods after, carriage by railway;

(g) the carriage of any goods in preference to any other goods;

(h) the carriage of goods in accordance with the fixed order of preference;

(i) the carriage of goods to any place in preference to any other place;

(j) authorizing a railway authority to refuse to receive or carry any goods;

(k)the terms and conditions of contracts for the carriage of passengers and goods; and

(l)any matter incidental to any of the matters referred to in the preceding paragraphs of this sub-regulation.

(2.) Notice of any direction under this regulation may be served upon any person affected thereby and thereupon that person shall comply with the direction.

(3.) Any such notice may be served by delivering the notice to the person affected thereby personally or to any person in his employ or by sending the notice by post addressed to that person at his last or usual place of business or abode.

 

War Railway Committee.

8.—(1.) For the purposes of these Regulations there shall be a Committee which shall be known as the War Railway Committee.

(2.) The Committee shall consist of—

(a) the Commonwealth Railways Commissioner;

(b) the Chief Railway Executive Officer of each State;

(c) the Director of Land Transport;

(d) a member nominated by the Minister of State for the Army; and

(e) such other member (if any) as the Minister thinks fit to appoint.

(3.) The Minister shall appoint the Chief Railway Executive Officer of one of the States to be the Chairman of the Committee.

(4.) If the Chairman is absent from any meeting of the Committee the members present shall appoint one of their number to preside at that meeting.

(5.) If any member of the Committee is unable to attend a meeting of the Committee he may appoint a person to act as his deputy at that meeting.

(6.) The functions of the Committee shall be to advise and assist the Minister in the administration of these Regulations.

(7.) Meetings of the Committee—

(a)shall be held at such times and places as the Chairman of the Committee directs; and

(b) shall be convened by the War Railway Committee Executive Officer.

War Railway Committee Executive Officer.

9.—(1.) There shall be a War Railway Committee Executive Officer.

(2.) The Director of Land Transport shall be the War Railway Committee Executive Officer.

Power to Committee to give directions to Minister’s delegates.

10.—(1.) The Committee may, subject to any directions of the Minister, give directions to any person to whom the Minister has delegated his powers and functions under these Regulations and any person to whom any such directions are given shall exercise his delegated powers and functions in accordance therewith.

(2.) Any directions of the Committee under this regulation shall be communicated to the person concerned by the War Railway Committee Executive Officer.

(3.) No exercise of any power or function by a person to whom the Minister has delegated his powers and functions under these Regulations shall be questioned or held to be invalid on the ground that it has been exercised otherwise than in accordance with directions given under this regulation.

Carriage of ammunition, &c., for defence purposes.

11. Nothing in the law of any State relating to the handling, storage or conveyance of ammunition, explosives, inflammable substances or dangerous goods shall apply in relation to the handling, storage or conveyance of ammunition, explosives, inflammable substances or dangerous goods on behalf of the Commonwealth for purposes of defence.

 

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