National Security (Rationing) Regulations (Cth)

STATUTORY RULES.

1942. No. 228.

 

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 fourteenth day of May, 1942.

(SGD.) GOWRIE

Governor-General.

By His Excellency’s Command,

for and on behalf of Minister of State for Defence.

 

National Security (Rationing) Regulations.

Part I.—Preliminary.

Citation.

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

Administration.

2. These Regulations shall be administered by the Minister of State for Trade and Customs.

Purpose of these Regulations.

3. The purpose of these Regulations is to enable the Commonwealth, during the present war, for the public safety and defence of the Commonwealth and its Territories and the more effectual prosecution of the war, to direct, prohibit, restrict, control or regulate the purchase, acquisition, transfer, possession, use, branding, packing, storage, supply, distribution, advertising, sale and disposal of rationed goods or the carrying on or supply of rationed services.

Parts.

4. These Regulations are divided into Parts, as follows:—

Part I.—Preliminary.

Part II.—Administration.

Part III.—Control of Rationing.

Part IV.—Miscellaneous.

 

* Notified in the Commonwealth Gazette on , 1942.

3281.—Price 8d. 25/12.5.1942.

 

Definitions.

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

“authorized officer” means any person appointed by the Commission or the Director or a Deputy Director to be an authorized officer for the purposes of these Regulations;

“Deputy Director” means a Deputy Director of Rationing appointed by the Minister for the purposes of these Regulations;

“member” means a member of the Commission, and includes the Chairman;

“proclaimed area” means any area declared by the Commission to be a proclaimed area for the purposes of these Regulations;

“rationed goods” means any goods declared by the Minister, by notice in the Gazette, to be rationed goods for the purposes of these Regulations;

“rationed service” means any service declared by the Minister, by notice in the Gazette, to be a rationed service for the purposes of these Regulations;

“the Commission” means the Rationing Commission established under these Regulations;

“the Director” means the Director of Rationing appointed under these Regulations;

“the Minister” means the Minister of State for Trade and Customs;

“these Regulations” includes any Order made thereunder.

Part II.—Administration.

Constitution of Rationing Commission.

6.—(1.) There shall be a Rationing Commission which shall consist of three members who shall be appointed by and hold office during the pleasure of the Governor-General, and which shall be a body corporate with perpetual succession and a common seal.

(2.) The Governor-General shall appoint one member of the Commission to be the Chairman of the Commission.

(3.) The members of the Commission shall not be paid any salary, allowances or fees in respect of their services, but may be paid such amount to cover expenses incurred by them in the performance of those services as the Minister directs.

(4.) A member shall not be personally liable for any act of the Commission or for any act done by him as a member.

(5.) A vacancy in the office of a member shall not invalidate the proceedings of the Commission.

Deputy Chairman.

7.—(1.) The Minister may appoint a member to be Deputy Chairman of the Commission.

(2.) The Deputy Chairman shall act as Chairman whenever so directed in writing by the Chairman, or 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.

Meetings of Commission.

8.—(1.) The Commission shall meet at such times and places as it determines.

(2.) The Chairman or the other two members may at any time call a special meeting of the Commission.

(3.) At all meetings of the Commission, the Chairman, or, in his absence, the Deputy Chairman, shall have a deliberative vote only.

(4.) At all meetings of the Commission, two members shall form a quorum but, if any question arises on which those members are not in agreement, it shall be postponed until a meeting at which all the members are present.

Delegation of powers.

9.—(1.) The Commission may, in relation to any matters or class of matters or in relation to any particular State or proclaimed area, by writing under its seal, delegate such of its powers and functions under these Regulations (other than this power of delegation) as it thinks fit, so that the delegated powers or functions may be exercised by the delegate with respect to the matters or class of matters or the State or area specified in the instrument of delegation.

(2.) Where under these Regulations the exercise of any power or function by the Commission is dependent upon the opinion, belief or state of mind of the Commission in relation to any matter, that power or function may be exercised by the delegate upon the opinion, belief or state of mind of that delegate.

(3.) Every such delegation shall be revocable at will, and no such delegation shall prevent the exercise of any power or function by the Commission.

Director of Rationing.

10.—(1.) There shall be a Director of Rationing who shall be appointed by the Minister and shall hold office during the pleasure of the Minister.

(2.) Subject to these Regulations, the executive authority of the Commission shall be vested in the Director.

(3.) The Director shall be paid such remuneration by way of salary and allowances as the Minister determines.

(4.) In the case of the illness or absence from duty of the Director or in the event of the office of Director becoming vacant, the Minister may appoint a person to be Acting Director during the illness or absence of the Director, or until the appointment of a Director, as the case may be, and the Acting Director shall have all the powers and perform all the duties of the Director.

Advisers.

11.—(1.) The Commission may, if it thinks fit, for the purposes of any investigation or inquiry, call in the aid of advisers possessing expert or business knowledge.

(2.) The advisers shall be appointed by the Minister, and shall hold office during the pleasure of the Minister.

(3.) An adviser appointed in pursuance of the last preceding sub-regulation shall receive such remuneration for his services, and travelling allowance at such rates, as the Minister determines.

Appointment of Deputy Directors of Rationing.

12.—(1.) For the purposes of these Regulations, the Minister may appoint in each State, in each Territory being part of the Commonwealth and in any proclaimed area, a Deputy Director of Rationing, who shall hold office during the pleasure of the Minister.

(2.) A Deputy Director shall be paid such remuneration by way of salary and allowances as the Minister determines.

 

(3.) The Minister may grant to a Deputy Director leave of absence for recreation for any period or periods not exceeding eighteen days on the whole in each year, exclusive of Sundays and holidays.

(4.) It shall be the duty of each such Deputy Director to furnish reports to the Director upon all matters referred to him by the Director and to carry out such duties under these Regulations as the Director determines.

(5.) In the case of the illness or absence of a Deputy Director, or in the event of the office of a Deputy Director becoming vacant, the Minister may appoint a person to be Acting Deputy Director during the illness or absence of the Deputy Director, or until the appointment of a Deputy Director, as the case may be, and the Acting Deputy Director shall have all the powers and perform all the duties of the Deputy Director.

Officers and employees.

13.—The Commission may, subject to any directions of the Minister, appoint such officers and such casual and temporary employees as it deems necessary for the purposes of these Regulations, and at such rates of pay and upon such conditions of employment as are, subject to the approval of the Public Service Board, determined by the Commission.

(2.) Officers and employees appointed under these Regulations shall be exempt from the provisions of the Commonwealth Public Service Act 1922-1941.

(3.) Where an officer or employee appointed in pursuance of these Regulations was, immediately prior to his appointment, an officer of the Public Service of the Commonwealth, his service as an officer or employee under these Regulations shall, for the purpose of determining his existing and accruing rights, be taken into account as if it were service in the Public Service of the Commonwealth and the Officers’ Rights Declaration Act 1922-1940 shall apply as if this regulation were a section of an Act and that Act and section were specified in the Schedule to the Officers’ Rights Declaration Act 1922-1940.

Arrangements with State Governments as to execution of these Regulations.

14.—(1.) The Governor-General may enter into an arrangement with the Governor of any State providing for any matter necessary or convenient for the purpose of carrying out or giving effect to these Regulations and, in particular, for the execution by the State officers or officers of any local governing body of any power or duty conferred on any officer under these Regulations.

(2.) Any State officer or officer of any local governing body exercising any power or duty conferred or imposed on any officer under these Regulations, in pursuance of any arrangement entered into under this regulation, shall, for the purpose of the execution of that power or duty, be deemed to be an officer under these Regulations.

Administration of portion of State adjoining another State.

15. If the Minister declares, by notice in the Gazette, that, for the purposes of the administration of these Regulations, the whole or any portion of a State or Territory is attached to any adjoining State, the Deputy Director in that adjoining State shall be the Deputy Director in the portion so attached.

Declaration of secrecy.

16.—(1.) The members of the Commission, the Director and each Deputy Director, adviser and person exercising any power or performing any duty under these Regulations shall, before entering on their duties under these Regulations, sign a declaration of secrecy in accordance with the form in the Schedule to these Regulations.

(2.) All declarations of secrecy under these Regulations shall be lodged with, and retained by, the Commission, or, if so directed by the Commission, by the Deputy Director in the State, Territory or proclaimed area in which the person making the declaration is employed.

(3.) A person shall not, except in the course of his duty under these Regulations, directly or indirectly communicate or divulge any information relating to any matter which comes to his knowledge in consequence of his official position.

Powers of Director and Deputy Directors.

17.—(1.) The Director, each Deputy Director, and any authorized officer shall severally have power to—

(a) summon witnesses;

(b) take evidence on oath; and

(c) require the production of documents, books and papers.

(2.) Witnesses summoned in pursuance of sub-regulation (1.) of this regulation may be paid such fees and allowances as are fixed by the Minister.

Failure of witness to appear.

18. A person, having been summoned as a witness in pursuance of regulation 17 of these Regulations, shall not fail, without lawful excuse, to appear in obedience to the summons.

Failure to be sworn, produce documents, or answer questions.

19. A person, having appeared as a witness before the Director or a Deputy Director or an authorized officer, whether summoned so to appear or not, shall not refuse, without lawful excuse, to be sworn, or to make an affirmation, or to produce documents, books and papers, or to answer questions which he is lawfully required to answer.

Affirmation in lieu of oath.

20.—(1.) Where any witness to be examined by the Director, a Deputy Director or an authorized officer, conscientiously refuses to take an oath, he may make an affirmation that he conscientiously objects to take an oath and that he will state the truth, the whole truth and nothing but the truth, to all questions asked him.

(2.) An affirmation so made shall be of the same force and effect, and shall entail the same liabilities, as an oath.

Power to obtain information.

21.—(1.) The Director, a Deputy Director or an authorized officer may require any person—

(a) to furnish him with such information as he requires; or

(b)to answer any question put to him, in relation to any matter arising under these Regulations.

(2.) A person shall not, when so required under sub-regulation (1.) of this regulation—

(a) refuse or fail to furnish any information or to answer any question; or

(b) give any information or make any answer which is false in any particular.

Power to enter premises and inspect documents.

22.—(1.) The Director, a Deputy Director or any authorized officer may enter upon and search any premises and inspect any documents, books and papers and may inspect and take samples of any stocks of rationed goods or of any other goods.

 

(2.) The Director or a Deputy Director or any authorized officer may impound or retain any documents, books and papers produced to him or inspected by him in pursuance of this regulation and may make copies or extracts of those documents, books and papers, or of any entries therein, but the person entitled to those documents, books and papers, shall, in lieu thereof, be entitled within a reasonable time to a copy certified as correct by the Director or a Deputy Director, and such certified copy shall be received in all Courts as evidence and as of equal validity to the original.

Preventing Director, Deputy Director or authorized officer from entering premises, &c.

23. A person shall not prevent or attempt to prevent the Director, a Deputy Director, or an authorized officer, from entering upon any premises, or inspecting any documents, books and papers, or inspecting or taking samples of any stocks of any rationed goods, or any other goods, or from making copies or abstracts of any documents, books and papers, or of any entries therein.

Part III.—Control of Rationing.

Power to declare goods and services.

24.—(1.) The Minister may, by notice in the Gazette, declare any goods or class of goods to be rationed goods for the purposes of these Regulations.

(2.) The Minister may, by notice in the Gazette, declare any service or class of service to be a rationed service for the purposes of these Regulations:

Provided that the Minister shall not make any declaration under this sub-regulation with respect to any service supplied or carried on by the Government of a State, except with the concurrence of the Executive Government of that State.

(3.) Any declaration by the Minister in pursuance of this regulation may be made generally or in respect of any part of Australia or any proclaimed area.

(4.) Any such notice may, by notice in the Gazette, be amended, varied or revoked by the Minister.

Powers of Commission.

25.—(1.) Subject to anything contained in or done under the National Security (Prices) Regulations, or the National Security (Emergency Supplies) Regulations and to any directions of the Minister, the Commission may, by order published in the Gazette, direct, prohibit, restrict, control or regulate in any other manner whatsoever—

(a) the purchase, acquisition, transfer, possession, use, branding, packing, storage, supply, distribution, advertising, sale and disposal of rationed goods; and

(b) the supply or carrying on of any rationed service.

(2.) Without limiting the generality of sub-regulation (1.) of this regulation, the Commission may—

(a)make orders and give directions for the purpose of the exercise of any of its powers, or for such incidental or supplementary purposes as it thinks fit;

(b) establish and administer schemes in relation to the purchase, acquisition, transfer, possession, use, branding, packing, storage, supply, distribution, advertising, sale or disposal of rationed goods or in relation to the supply or carrying on of rationed services; and

 

(c) advise the Minister on any matters relating to rationed goods and services.

(3.) The Commission may purchase, store or sell any rationed goods or supply or carry on any rationed service.

Proclaimed areas.

26.—(1.) The Commission may, from time to time, by notice in the Gazette, declare that any area specified by it shall, for the purposes of these Regulations, be a proclaimed area or part of a proclaimed area, and thereupon the area shall, so long as the declaration remains in force, be deemed to be a proclaimed area or part thereof, as the case may be.

(2.) The Commission may, from time to time, by notice in the Gazette, declare that any proclaimed area, or any part thereof, shall cease to be a proclaimed area, or part thereof (as the case may be), and thereupon such area or part shall cease to be a proclaimed area or part thereof, as the case may be.

Director or Deputy Director may require returns to be furnished.

27.—(1.) The Director may, by notice, require any person to furnish to him or to an authorized officer, within a specified time and in a specified form, a return setting forth to the best of the person’s knowledge and ability particulars—

(a) as to the quantity, description, class and grade of any goods which were or are or will be in his possession or under his control at a specified date; and

(b)the extent, description or class of any service which was or is supplied or carried on, or which will be supplied or carried on, by that person at a specified date,

together with such other particulars as are specified in the notice.

(2.) Any notice given under this regulation may be either a notice given to such person individually or a notice to a person or to persons of a class specified in the notice or generally; and such last-mentioned notice shall be published in the Gazette and in such newspapers (if any) as the Director directs.

(3.) The return shall be verified by statutory declaration.

(4.) Any return furnished by any person under this regulation shall, in any proceedings under these Regulations, be admissible in evidence against that person.

(5.) A person shall not—

(a) fail to comply with any of the requirements of any such notice; or

(b) wilfully furnish any false or misleading return.

Power to requisition goods.

28.—(1.) Where the Minister, after receipt of a report from the Commission, is satisfied that it is necessary or expedient so to do in the interests of the public safety, the defence of the Commonwealth and the Territories of the Commonwealth, or the efficient prosecution of the war, or for maintaining supplies and services essential to the life of the community, he may, by notice, direct any person who, whether as owner or otherwise, has in his possession or under his control any specified goods to retain and hold the goods, or a specified quantity thereof, for and on behalf of His Majesty.

 

(2.) Any notice given under this regulation may be either a notice given to an individual person or a notice given to all persons or to persons of a class specified in the notice; and such last-mentioned notice shall be published in the Gazette and in such newspapers (if any) as the Director directs.

(3.) Upon the publication or giving of the notice, the title to and property in the goods or the quantity thereof shall be divested from the owner thereof and become vested in His Majesty freed from any charge thereon and from any claim, contractual or otherwise, and the holder or owner of the goods shall thereupon be discharged from any other contractual engagements whatsoever in respect thereof; and the title and property of the owner shall be converted into a right to receive payment of the value of the goods or the quantity thereof as hereinafter provided.

(4.) All such persons, and their agents and servants, shall, without delay, obstruction or objection, give immediate and peaceable possession of the goods or the quantity thereof to the Minister or to any authorized officer.

(5.) The production of any document or telegram purporting to be a demand or an authority to demand such goods, or quantity thereof, and to be signed or sent by the Minister or the Commission shall be sufficient authority for the delivery of the goods, or quantity thereof, to which the document or telegram relates.

(6.) The owner of the goods, or quantity thereof, shall be entitled to be paid therefor by the Minister—

(a) at such price as is mutually agreed upon; or

(b)in default of such agreement, at such price as is determined by the Commonwealth Prices Commissioner after hearing the parties concerned.

(7.) In the event of any doubt or dispute arising as to the person legally entitled to receive any moneys payable under this regulation or as to any charge thereon or claim in respect thereof, the Minister may, in default of agreement between the parties concerned, pay the same into the office of the Master in Equity or other proper officer of the Supreme Court of the State or Territory, in which the goods were acquired by the Minister, to abide such order as may be made by the Supreme Court of that State or Territory.

(8.) A person shall not, after the publication or giving of any notice—

(a) attempt to dispose of or in any way deal with the goods, or the quantity thereof, to the prejudice of His Majesty’s rights and powers under this regulation; or

(b)refuse to deliver, or delay, or obstruct the delivery as prescribed of the goods, or the quantity thereof.

(9.) Where any goods have been acquired under the provisions of this regulation, the Minister may store, sell or otherwise dispose of the goods to such persons or bodies, and at such times, and in such manner, and upon such terms and conditions, as he thinks fit.

Part IV.—Miscellaneous.

Authentication of orders and notices.

29. An order or notice authorized by these Regulations to be made or given by the Commission shall be sufficiently authenticated if signed by the Director on behalf of the Commission, and any order or notice

 

purporting to have been so signed shall, in the absence of proof to the contrary, be deemed to have been made or given in pursuance of a resolution of the Commission.

Compliance with requirements.

30. A person shall not refuse or fail to comply with any requirement made in pursuance of these Regulations, or furnish any false or misleading information in purported compliance with any such requirement.

Service of notices.

31. Any notice which may be given in pursuance of these Regulations, or of any order made thereunder, may be given by posting the notice to the person to whom it is addressed at his last known place of abode, or to any of his places of business.

 

THE SCHEDULE.

Commonwealth of Australia.

NATIONAL SECURITY (RATIONING) REGULATIONS.

Declaration of Secrecy.

I, of in State/Territory of   in the Commonwealth of Australia, do solemnly and sincerely declare that, except in the course of my duty under the above Regulations, I will not directly or indirectly communicate or divulge any information relating to any matter which comes to my knowledge in consequence of my employment for the purposes of these Regulations.

........................................................

Declared at

this day of , 19 .

......................................................

Justice of the Peace or

Commissioner for taking Affidavits

or

Commissioner for Declarations.

 

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