National Security (Salvage) Regulations (Amendment) (Cth)

STATUTORY RULES

1946. No. 64.

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REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1943.*

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 1939-1943.

Dated this twenty-eighth day of March, 1946.

HENRY

Governor-General.

By His Royal Highness’s Command,

H. P. LAZZARINI

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

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Amendments of the National Security (Salvage) Regulations.

Commencement.

1.These Regulations shall come into operation on the first day of April, 1946.

Definitions.

2.Regulation 3 of the National Security (Salvage) Regulations is amended—

(a) by omitting from the definition of “authorized officer” the words “Commission or the Chairman” and inserting in their stead the word “Controller”;

(b) by omitting the definition of “member”; and

(c) by omitting the definitions of “the Chairman” and “the Commission” and inserting in their stead the following definition:—

“‘the Controller’ means the Commonwealth Controller of Salvage appointed under these Regulations;”.

3.Regulation 5 of the National Security (Salvage) Regulations is repealed and the following regulation inserted in its stead:—

Controller of Salvage.

“5. For the purposes of these Regulations there shall be a Commonwealth Controller of Salvage who shall be appointed by the Minister on such terms and conditions as the Minister determines and who shall have such powers and functions as are conferred on him by these Regulations.”.

* Notified in the Commonwealth Gazette on 28th March, 1946.

  Statutory Rules 1943, No. 179, as amended by Statutory Rules 1946, No. 24.

1940.—Price 3d.

Functions of Controller.

4. Regulation 6 of the National Security (Salvage) Regulations is amended—

(a) by omitting the word “Commission” and inserting in its stead the word “Controller”; and

(b) by omitting from paragraph (c) the word “it” and inserting in its stead the word “he”.

Meetings of Commission.

5. Regulation 7 of the National Security (Salvage) Regulations is repealed.

6. Regulation 8 of the National Security (Salvage) Regulations is repealed and the following regulation inserted in its stead:—

Delegation by Controller.

“8.—(1.) The Controller may, in relation to any matters or class of matters or in relation to any particular State or part of Australia, by writing under his hand, delegate any of his powers and functions under these Regulations (except this power of delegation), so that the delegated powers and functions may be exercised by the delegate with respect to the matters or class of matters or the State or part of Australia specified in the instrument of delegation.

“(2.) Every such delegation shall be revocable at will, and no such delegation shall prevent the exercise of any power or function by the Controller.”.

Officers and employees.

7. Regulation 9 of the National Security (Salvage) Regulations is amended—

(a) by omitting sub-regulation (1.);

(b) by omitting from sub-regulation (2.) the word “Commission” (wherever occurring) and inserting in its stead the word “Controller”; and

(c) by omitting from sub-regulation (2.) the word “it” and inserting in its stead the word “he”.

Powers of Controller.

8. Regulation 11 of the National Security (Salvage) Regulations is amended

(a) by omitting the word “Commission” (wherever occurring) and inserting in its stead the word “Controller”;

(b) by omitting from paragraph (a) of sub-regulation (2.) the word “its” and inserting in its stead the word “his”; and

(c) by omitting from that paragraph the word “it” and inserting in its stead the word “he”.

Amendment of regulations 12 and 14.

9.Regulations 12 and 14 of the National Security (Salvage) Regulations are amended by omitting the word “Commission” (wherever occurring) and inserting in its stead the word “Controller”.

Amendment of regulations 13, 15 and 16.

10. Regulations 13, 15 and 16 of the National Security (Salvage) Regulations are amended by omitting the word “Chairman” (wherever occurring) and inserting in its stead the word “Controller”.

Authentication of orders and notices.

11. Regulation 17 of the National Security (Salvage) Regulations is repealed.

Officers and employees.

12.All officers and casual and temporary employees holding office under or employed by the Salvage Commission immediately prior to the commencement of these Regulations, shall continue to hold office

or be employed as if they were appointed under regulation 9 of the National Security (Salvage) Regulations as amended by these Regulations.

Saving of orders, &c.

13. Any order or requirement made and any licence granted under the National Security (Salvage) Regulations and in force immediately prior to the commencement of these Regulations, shall continue in force as if it had been made or granted by the Commonwealth Controller of Salvage under the National Security (Salvage) Regulations, as amended by these Regulations, and may be revoked, amended or varied accordingly.

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