National Security (Salvage Board) Regulations (Cth)

STATUTORY RULES.

1942. No. 129.

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 March, 1942.

GOWRIE

Governor-General.

By His Excellency’s Command,

W. J. SCULLY

for and on behalf of the Minister of State

for Defence Co-ordination.

 

National Security (SalvageBoard) Regulations.

Citation.

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

Purposes.

2. The purposes of these Regulations are to organize in advance the facilities for the salvage of ships on and in the vicinity of the Australian coast, to set up an authority for the purpose of making plans in advance for the use of salvage facilities, for the co-operation of salvage companies, underwriters and others possessing salvage equipment, and for the purpose of giving, subject to Naval control, directions in matters of salvage demanding immediate determination, and of controlling and carrying out salvage operations.

Administration.

3. These Regulations shall be administered by the Minister of State for Commerce.

Definitions.

4. In these Regulations—

“the Chief Salvage Officer” means the Chief Salvage Officer of the Board appointed under these Regulations;

“the Board” means the Salvage Board constituted under these Regulations.

 

* Notified in the Commonwealth Gazette on 14th March, 1942.

1915.— Price 3d.

 

Salvage Board.

5.—(1.) There shallbe a Boardto becalled the Salvage Board, which shall be a body corporate, with perpetual succession and a common seal.

(2.) The Board shall consist of three members, namely:—

(a) the Chairman of the Shipping Control Board, who shall be Chairman of the Board;

(b) the Chief Salvage Officer; and

(c) a person appointed by the Minister on the recommendation of the Naval Board.

(3.) The Board may make by-laws regulating its proceedings.

Quorum and voting.

6. At any meeting of the Board—

(a) the Chairman and one other member shall form a quorum; and

(b) the Chairman shall have a deliberative vote and, in the event of an equality of votes, shall also have a casting vote.

Chief Salvage Officer.

7.—(1.) For the purposes of these Regulations, the Minister may appoint a Chief Salvage Officer of the Board with such remuneration and on such terms and conditions as the Minister thinks fit.

(2.) The Chief Salvage Officer shall be the Executive Officer of the Board and shall have such powers, functions and authorities as are conferred on him by or under these Regulations.

Powers and functions of Board.

8.—(1.) The Board shall―

(a) inquire into and ascertain the nature, whereabouts, ownership and practical usefulness of vessels, gear, equipment and facilities suitable for salvage operations on or from the Australian coast;

(b) arrange in advance for the availability and the prompt and efficient employment of such vessels, gear, equipment and facilities in the event of a marine casualty;

(c) determine what terms and conditions shall govern the use or employment of such vessels, gear and equipment for salvage operations, and in particular in what manner and at what rates compensation or remuneration shall be determined and payable;

(d) appoint persons or authorities at such ports or places as the Board thinks fit to represent the Board and to exercise any powers and functions delegated by the Board;

(e) arrange for the prompt communication to those persons or authorities in the event of marine casualties;

(f) arrange in advance for proper co-ordination among persons and authorities able to give salvage assistance, and, in particular, for the taking of immediate measures and for the obtaining of advice and instructions through any central or local authorities set up by the Board.

(2.) The Board may authorize the Chief Salvage Officer to direct, control, supervise or carry out all or any salvage operations.

 

(3.)The Board may make orders or give directions with respect to any one or more ofthe following matters:—

(a) The persons acting on behalf of the Board who shall be advised of the occurrence of a marine casualty by ship-owners, underwriters and others to whose knowledge the fact may come, and the manner in which, and time within which, the advice shall be given;

(b) The extent to which owners, shipowners, underwriters and others may act on their own responsibility in taking salvage measures pending advice or instructions from the Board, the Chief Salvage Officer, or any other officer of the Board;

(c) The power of the Chief Salvage Officer to appoint a deputy or deputies and to authorize them to direct, control or carry out salvage operations;

(d) The obligation of shipowners, underwriters and others to act in conformity with the orders and directions of the Board the Chief Salvage Officer or his deputy and to carry out such orders and directions.

(e) The establishment of a proper liaison with the Royal Australian Navy and the Royal Australian Air Force in order that salvage operations may be conducted under protection where necessary and subject to the directions of the proper officers of the Royal Australian Navy; and

(f) All other matters incidental to the purpose of these Regulations.

(4.) The Board may purchase, hire, construct or otherwise acquire, and maintain and operate, such vessels, boats, gear orequipment for the purpose of salvage operations, as the Board thinks fit and may take such measures and dosuch things as appear to theBoard to benecessary or expedientfor the purposeof these Regulations.

Appointment of officers, &c.

9.—(1.) The Board may appoint on such terms and conditions as it thinks fit such salvage and other officers and such servants and agents as it thinks necessary for the purposes of these Regulations.

(2.) Any persons so appointed shall not be subject to the Commonwealth Public Service Act 1922-1941.

Delegation by Board.

10.—(1.) The Board may, by instrument in writing and at its discretion, delegate to any person or body of persons all or any of its powers, functions and authorities under these Regulations (except this powerof delegation) in relation to any matter or class of matters so that the delegated powers functions and authorities may be exercised by the delegate with respect to the matters or class of matters specified in the instrument of delegation.

(2.) Every delegation by the Board shall be revocable in writing at will and no delegation shall prevent the exercise of any power, function or authority by the Board.

 

Authentication of orders and directions.

11. An order or direction authorized by these Regulations to be made or given by the Board shall be sufficiently authenticated if signed by the Chief Salvage Officer on behalf of the Board, and anyorder or direction purporting to have been so signed shall, in the absence of proof to the contrary, be deemed to have been made orgiven in pursuance of a resolution of the Board.

Compliancewithdirections.

12. A person shall not refuse or fail to comply with any direction under these Regulations given to him or otherwise applicable to him.

 

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