STATUTORY RULES.
1941.
No. 278.
––––––
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 (Road Transport) Regulations.
Citation.
1. These Regulations may
be cited as the National Security (Road Transport) Regulations.
Administration.
2. These Regulations shall
be administered by the Minister of State for Transport.
Application
of Regulations.
3. These Regulations shall
not apply in any Territory of the Commonwealth not forming part of the
Commonwealth.
Definitions.
4. In these Regulations “the
Minister” means the Minister of State for Transport.
Objects.
5. The objects of these
Regulations are to establish a control of road 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 road vehicles and the services of road vehicles
shall be subject to direction, requisition and control in the interests of
public security and the prosecution of any such war, and these Regulations
shall be administered and construed accordingly.
General
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.
*
Notified in the Commonwealth Gazette on ,
1941.
5965.—20/22.10.1941.—Price
Powers
of Minister to make orders and give directions.
7.—(1.) The Minister is,
by force of this regulation, empowered to control road transport and for that
purpose may, by order or by particular direction, make provision as to any
matters relating to road transport, and, in particular, without limiting the generality
of the foregoing, with respect to—
(a) the elimination of waste and the promotion of efficiency in road transport;
(b) the arrangement of road transport services;
(c) the receipt, handling and delivery of
goods;
(d) the acquisition, disposal and transfer—
(i) of vehicles and of accessories,
spare parts and fuel therefor; and
(ii) of horses and of equipment and
food therefor;
(e) the manufacture, installation, repair
and use of gas producer units for the purposes of road transport;
(f) the order of priority to be accorded
to the carriage of persons and goods, or classes of persons and goods;
(g)the places at which persons shall be picked up or set down or goods loaded,
delivered or discharged;
(h) the places at which consignees of goods are to take delivery thereof; and
(i)the terms and conditions of contracts for the carriage of passengers and
goods.
(2.) Any order or direction under
this regulation may—
(a) apply in relation to vehicles
generally or any description of vehicles, whether that description is according
to class, ownership, trade or otherwise, or to any specified vehicle;
(b)contain such provisions, conditions and directions as appear to the
Minister to be necessary or desirable;
(c) avoid, vary or renew any contract or
class of contracts the operation or effect of which appears to the Minister to
be affected by the making of the order or the giving of the direction; and
(d) be rescinded, revoked, amended or varied.
Service
of and compliance with directions.
8.—(1.) Notice of any
direction under these Regulations may be served upon any person affected
thereby and thereupon that person shall comply with the direction.
(2.) 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.
Compensation.
9. Such compensation shall
be payable in respect of property acquired in pursuance of any order or
direction under these Regulations as is determined by agreement, or, in the
absence of agreement, by action by the claimant against the Commonwealth in any
court of competent jurisdiction or otherwise as specified in the order or
direction.
Indemnity
in respect of contracts.
10. Where any person fails
to fulfil any contract, whether made before or after the commencement of these
Regulations, and that failure is due to compliance with the requirements of an
order or direction under these Regulations, proof of that fact shall be a good
defence to any action or proceeding in respect of that failure.
By
Authority: L. F.