National Security (Rationing) Regulations (Amendment) (Cth)

STATUTORY RULES.

1943. No. 154.

 

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 fourth day of June, 1943.

(SGD.) GOWRIE

Governor-General.

By His Excellency’s Command,

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

 

Amendments of the National Security (Rationing) Regulations. 

Definitions.

1. Regulation 5 of the National Security (Rationing) Regulations is amended—

(a) by inserting after the definition of “authorized officer” the following definitions:—

“‘coupon’ means a coupon which forms or formed part of a ration document or a coupon, voucher, licence, authority or permit issued by the Commission for the purposes of these Regulations;

“‘coupon goods’ means such rationed goods as are specified to be coupon goods in any Order;”;

(b) by inserting after the definition of “member” the following definition:—

“‘Order’ means any Order made under these Regulations;”;

(c) by inserting after the definition of “proclaimed area” the following definition:—

“‘ration document’ includes a ration book or any part thereof or any coupon, permit, voucher, authority, licence or other document made or issued for the purposes of these Regulations;”;

 

* Notified in the Commonwealth Gazette on , 1943.

  Statutory Rules 1942, No. 228, as amended by Statutory Rules 1942, No. 261; and 1943, No. 88.

3334.—Price 5d. 20/1.6.1943.

(d) by inserting after the definition of “rationed service” the following definition:—

“‘supply’ includes supply in pursuance of a contract of sale, work, labour and materials, sale or return, hire purchase, barter or a contract of any other description and supply as a gift;”; and

(e) by adding at the end thereof the following definition:—

“‘trader’ means a person carrying on in Australia the business of supplying rationed goods or rationed services, and includes an agent or servant of a trader while acting in the course of his employment.”.

2. After regulation 14 of the National Security (Rationing) Regulations the following regulations are inserted:—

Arrangements with local government authorities.

“14a.—(1.) The Commission may enter into arrangements with any local government authority for the performance or exercise by that authority of such of the Commission’s duties, powers and functions under these Regulations as the Commission thinks fit, and it shall be lawful for that authority to act in accordance with the arrangements.

“(2.) There shall be payable to any authority with which any such arrangements have been entered into such remuneration, whether by way of fees, commissions or otherwise, as is agreed upon between the Commission and that authority.

“(3.) The Commission may at any time, for reasons which it thinks sufficient, terminate any such arrangements.

“(4.) In this regulation the expression ‘local government authority’ means an authority established for any locality by or under any State Act relating to local government, and includes any other authority or person approved by the Minister.

Arrangements with banks.

“14b.—(1.) The Commission may enter into arrangements with any person carrying on the business of banking for the performance by that person of such functions as the Commission considers necessary or convenient to assist the Commission in the performance or exercise of any of the Commission’s duties, powers and functions under these Regulations, and it shall be lawful for that person to act in accordance with the arrangements.

“(2.) There shall be payable to any such person, as remuneration for his services, such fees or commissions as are agreed upon between the Commission and that person.

“(3.) The Commission may at any time, for reasons which it thinks sufficient, terminate any such arrangements.”.

3. Regulation 25 of the National Security (Rationing) Regulations is amended by inserting after sub-regulation (2.) the following sub-regulation:—

Powers of Commission.

“(2a.) The Commission may, by notice in writing, give directions to any person with respect to the supply, disposal, acquisition or use of any rationed goods or the supply, carrying on, obtaining or use of any rationed service.”.

Returns may be required.

4. Regulation 27 of the National Security (Rationing) Regulations is amended—

(a) by inserting in sub-regulation (1.), after the word “Director”, the words “, a Deputy Director or any authorized officer”; and

(b) by omitting sub-regulation (2.) and inserting in its stead the following sub-regulation:—

“(2.) A notice under this regulation may, instead of being addressed to a person or persons individually, be addressed to persons generally, or to persons included in a class of persons specified in the notice, and any such notice shall be sufficiently served if it is published in the Gazette.”.

5. After regulation 28 of the National Security (Rationing) Regulations the following regulations are inserted in Part III.:—

Issue of ration documents.

“28a.—(1.) The Commission may, for the purposes of these Regulations, issue or cause to be issued to any person or class of persons any ration documents subject to such conditions as it thinks fit, and every person shall comply with all such conditions which are applicable to or in relation to him.

“(2.) The Commission may, by order published in the Gazette, direct, prohibit, restrict, control or regulate in any other manner whatsoever the issue, acquisition, possession, transfer, use and disposal of ration documents.

“(3.) The Commission may, by notice in writing, give directions to any person with respect to the possession, surrender or delivery of any ration document.

Custody of ration documents.

“28b.—(1.) A ration document shall remain the property of the Commission and shall not be transferred, except under such conditions as the Commission determines.

“(2.) Subject to any directions given by the Commission and to any conditions upon which a ration document is issued—

(a) the person (not being a child under the age of sixteen years) to whom a ration document is issued shall be entitled to its custody; and

(b) where a child is under the age of sixteen years, the parent or guardian with whom the child resides, or, if the child is not residing with a parent or guardian, the parent or guardian with whom the child last resided, shall be entitled to the custody of any ration document issued to or in respect of that child.

“(3.) Where any person has possession or custody of a ration document, and his possession or custody is not authorized under the Regulations, he shall forthwith deliver the ration document to the Commission.

Disposal of ration documents on death.

“28c.—(1.) Upon the death of a person any person having possession of a ration document issued to or in respect of the deceased person shall deliver it forthwith to the Registrar by whom the death was registered or is required to be registered.

“(2.) A person attending upon a Registrar for the purpose of registering the death of any person shall furnish to the Registrar any

information within his knowledge as to the name and address of the person having possession of any such ration document of which the person so attending is not in possession.

“(3.) In this regulation, ‘Registrar’ means a District Registrar, a Registrar of Births and Deaths or other person who is charged with the duty of registering deaths occurring within a district in or part of a State or Territory of the Commonwealth.

Surrender of ration documents by members of the Forces.

“28d. Where a person to whom a ration document has been issued commences full-time service as a member of any of His Majesty’s Naval, Military or Air Forces, or of the Forces of any Power allied or associated with His Majesty in the present war, or of any Force, Service or body attached to any of those Forces, he shall forthwith deliver it intact to the appropriate authority of that Force, Service or body.

Persons leaving Australia.

“28e. Where a person has embarked by any ship or aircraft for a destination outside Australia, he shall, on demand, surrender any ration document issued to him to the Customs Boarding Officer at the port or aerodrome from which the ship or aircraft leaves Australia or to an authorized officer.

Inspection and impounding of ration documents.

“28f.—(1.) Any authorized officer may require any person in possession of a ration document to produce it to him, and may take possession of and impound any such ration document where there is reasonable ground for suspecting that an offence in relation thereto has been or is being committed.

“(2.) A person shall not refuse to produce or surrender any ration document in his possession if required to do so in accordance with the last preceding sub-regulation.

Production of identity cards.

“28g. Any person to whom a ration document is required to be produced (whether in pursuance of the last preceding regulation or not) may require the person producing that document to produce at the same time for inspection the identity card or other document (if any) referred to in the ration document.

Coupons surrendered to traders.

“28h. A trader to whom any coupon has been surrendered in the course of his business of supplying coupon goods or rationed services shall not use that coupon otherwise than for the purposes of that business.

Appropriate number of coupons only to be demanded.

“28j. A person to whom coupons are required to be surrendered in accordance with the provisions of any Order shall not demand or accept a number of coupons greater than the appropriate number of coupons required to be surrendered to him.”.

Compliance with requirements and directions.

6. Regulation 30 of the National Security (Rationing) Regulations is amended by omitting the word “made” and inserting in its stead the words “or direction made or given”.

7. After 34 of the National Security (Rationing) Regulations the following regulations are inserted:—

Offences.

“35.—(1.) A person shall not—

(a) for the purpose of obtaining any rationed goods or any rationed service, make any statement which is false or misleading in any particular, or obtain or attempt to obtain any rationed goods or any rationed service by means of any false or misleading statement;

(b) for the purpose of obtaining, or in connexion with the issue of, any ration document make any statement which is false or misleading in any particular, or obtain or attempt to obtain any ration document by means of any such false or misleading statement;

(c) without lawful authority, alter or deface, or remove any leaf or any part thereof from, any ration document;

(d) personate or falsely represent himself to be the person to whom any ration document has been issued or applies;

(e) obtain or use, or attempt to obtain or use, any ration document when he is not authorized to obtain or use it;

(f) make or utter any counterfeit or forged ration document;

(g) without lawful authority, have in his possession or custody any counterfeit, forged or altered ration document, or any paper or document so made as to resemble or colour-ably imitate any ration document;

(h) without lawful authority, use or have in his possession or custody any ration document;

(i) without lawful authority, make or cause to be made, or have in his custody or possession, any paper or document in the substance of which appear any words, letters, figures, threads, marks, lines or any other device peculiar to and appearing in the substance of any paper provided or used by the Commission for any ration document;

(j) without lawful authority, alter any words, letters, figures, marks, lines or any entry upon any ration document;

(k) without lawful authority, offer or agree to supply, or supply, to any other person, whether by way of loan or otherwise and whether or not for valuable consideration, a ration document or a counterfeit or forged ration document; or

(l) without lawful authority, accept or obtain, or offer or agree to accept or obtain, possession or custody of a ration document or a counterfeit or forged ration document.

“(2.) In any prosecution under paragraph (k) or (l) of sub-regulation (1.) of this regulation for offering or agreeing to supply, or to accept or obtain, a ration document or a counterfeit or forged ration document, or possession or custody thereof, it shall not be a necessary element of the offence that any ration document, or counterfeit or forged ration document, the subject of the offer or agreement, was in existence.

“(3.) Every counterfeit or forged ration document shall be forfeited to the King.

“(4.) In any prosecution in respect of a contravention of this regulation, the production of a ration document (including a counterfeit or forged ration document) or of any document attached thereto, or of any document on which the ration document is affixed, having written thereon the name of a person shall be prima facie evidence that that person had possession of the ration document and either used that document for the purpose of obtaining rationed goods or rationed services or intended to use that document for the purpose of obtaining rationed goods or rationed services, as the prosecutor avers.

Responsibility of employer for acts of employee.

“36. In any prosecution in respect of the purchase, acquisition, transfer, supply, sale or disposal of rationed goods in contravention of these Regulations or of any Order made under these Regulations, if it is proved that any person purchased, acquired, transferred, supplied, sold or disposed of any rationed goods in contravention of these Regulations and that at the time of the purchase, acquisition, transfer, supply, sale or disposal that person was acting or was held out as acting in the course of his employment by some other person, that other person shall, notwithstanding any instruction or limitation of authority, he deemed to have purchased, acquired, transferred, supplied, sold or disposed of those goods, as the case may be, in contravention of these Regulations:

Provided that nothing in this sub-regulation shall in any way affect or limit the liability of the person who in fact purchased, acquired, transferred, supplied, sold or disposed of those goods.”.

 

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