National Security (Requisitioned Cargoes) Regulations (Cth)

STATUTORY RULES.

1942. No. 327.

 

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 twenty-fifth day of July, 1942.

GOWRIE

Governor-General.

By His Excellency’s Command,

R. V. KEANE

for and on behalf of the Minister of

 State for Defence.

 

National Security (Requisitioned Cargoes) Regulations.

Citation.

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

Administration.

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

Purpose of Regulations.

3. The purpose of these Regulations is to provide for the regulation of the assessment of compensation payable for goods consigned to places outside Australia but brought into Australia and requisitioned by the Commonwealth or any authority of the Commonwealth and the control of the sale or other disposal, and the distribution, of those goods, and these Regulations shall be administered accordingly.

Application of Regulations.

4. These Regulations shall apply to goods consigned to places outside Australia but brought into Australia and requisitioned by the Commonwealth or any authority of the Commonwealth.

 

* Notified in the Commonwealth Gazette on 25th July. 1942.

 

Requisitioned Cargoes Committee.

5. —(1.) There shall be a Requisitioned Cargoes Committee consisting of—

(а) the person for the time being holding or acting in the position of Comptroller-General of Customs;

(b) the person for the time being holding or acting in the position of Assistant Comptroller-General of Customs (Administrative);

(c) the person for the time being holding or acting in the position of the Director, Division of Import Procurement; and

(d) the Commonwealth Prices Commissioner or, in his absence through illness or other cause, the Assistant Commonwealth Prices Commissioner;

and, in addition—

(e) a representative of the Department of the Treasury to be appointed by the Treasurer; and

(f) a person who is, or has been, actively engaged in commerce, to be appointed by the Minister.

(2.) The Comptroller-General of Customs shall be the Chairman of the Committee.

(3.) In the event of the Chairman being unable, through illness or any other cause, to act as Chairman, the Minister may appoint a person to be Acting Chairman, and the Acting Chairman, during the inability of the Chairman, shall have and may exercise all his powers under these Regulations.

(4.) The Assistant Comptroller-General of Customs (Administrative) shall be the Executive Officer of the Committee.

(5.) In the event of the Executive Officer being unable, through illness or any other cause, to act as Executive Officer, the Minister may appoint a person to be Acting Executive Officer, and the Acting Executive Officer, during the inability of the Executive Officer, shall have and may exercise all his powers under these Regulations.

(6.) The Chairman, or Acting Chairman, shall preside at all meetings of the Committee at which he is present.

(7.) In the absence of the Chairman, or Acting Chairman, from any meeting, the members present shall elect one of their number to preside at the meeting and the member so elected shall, at that meeting, have all the powers of the Chairman.

(8.) All questions before any meeting of the Committee shall be determined by a majority of votes.

(9.) If the voting is equally divided on any question before the meeting, the Chairman or other person presiding at the meeting shall have a casting vote.

(10.) There shall be a Secretary to the Committee who shall be appointed by the Minister but any person so appointed shall not have a vote in the deliberations of the Committee.

(11.) At any meeting of the Committee four members shall form a quorum.

 

Powers of Committee

6. —(1.) Subject to any direction of the Minister, the Committee may determine—

 (a) the terms and conditions of any agreement with respect to the payment of compensation for goods;

(b) the amount, if any, which should, under regulation 60e of the National Security (General) Regulations, be offered to any claimant for compensation for goods;

(c) the basis on which any terms and conditions specified in paragraph (a) or any amount specified in paragraph (b) of this sub-regulation should he fixed;

(d) the terms and conditions upon which goods may be disposed of by or on behalf of the Commonwealth;

(e) the terms and conditions upon which goods so disposed of may be sold or re-sold, either by wholesale or by retail, and, in particular, the maximum prices at which the goods may be sold or re-sold; and

(f) the amount which may be paid for services performed in respect of the goods.

(2.) For the purpose of the exercise of any of its powers under this regulation, the Committee may do all such things as are necessary or convenient or incidental to the exercise of any of those powers.

(3.) In making any determination under paragraph (a), (b), (c) or (e) of sub-regulation (1.) of this regulation in respect of any goods, the Committee shall have regard to any obligations or arrangements entered into by or on behalf of the Commonwealth in respect of the goods.

Powers of Chairman

7. The Chairman of the Committee may, in accordance with any determination of the Committee and subject to any direction, of the Minister—

(a) enter into any agreement, or exercise any of the powers of the Minister under regulations 60d, 60e, 60f and 60g of the National Security (General) Regulations, in relation to the determination of the compensation (if any) payable for any goods; and

(b) for and on behalf of the Commonwealth, enter into agreements with respect to the disposal of goods or the payment for services performed in respect of goods.

Certain sales or re-sale valid.

8. Notwithstanding anything contained in any other law of the Commonwealth, any sale or re-sale of goods in accordance with any determination of the Committee under paragraph (f) of sub-regulation (1.) of regulation 6 of these Regulations shall be deemed not to be in contravention of any regulation made under the National Security Act 1939-1940 or of any order under any such regulation.

 

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