National Security (Salvage) Regulations (Cth)

STATUTORY RULES.

1943. No. 179.

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 sixteenth day of July, 1943.

GOWRIE

Governor-General.

By His Excellency’s Command,

H. P. LAZZARINI

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

———

National Security (Salvage) Regulations.

Citation.

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

Administration.

2. These Regulations shall be administered by the Minister of State for Home Security.

Definitions.

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

“authorized officer” means any person appointed by the Commission or the Chairman to be an authorized officer for the purpose of these Regulations;

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

“salvage materials” means any substances or things declared by the Minister, in pursuance of regulation 10 of these Regulations, to be salvage materials for the purposes of these Regulations;

“salvage service” means any service in connexion with salvage materials;

“the Chairman” means the Chairman of the Commission;

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

“these Regulations” includes any order made thereunder.

 

* Notified in the Commonwealth Gazette on 19th July, 1943.

4249.—Price 5d.

Regulations to bind Crown.

4. These Regulations shall bind the Crown in right of the Commonwealth or of any State.

Constitution of Salvage Commission.

5.—(1.) For the purposes of these Regulations, there shall be a Salvage Commission which shall be a body corporate with perpetual succession and a common seal.

(2.) The Commission shall consist of—

(a) a Chairman;

(b) one person representing the Departments of the Navy, the Army and Air;

(c) one person representing the Department of Supply and Shipping;

(d) one person representing the Department of Munitions; and

(e) one person representing the Department of War Organization of Industry,

who shall be appointed by the Minister by notice published in the Gazette and who shall hold office during the pleasure of the Minister.

(3.) In the absence of the Chairman from any meeting of the Commission, the members present at that meeting may elect one of their number to preside at the meeting.

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

(5.) The Chairman shall be paid salary, fees and allowances at such rates as the Minister directs.

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

(7.) The powers of the Commission shall not be affected by reason of there being a vacancy in the membership thereof.

Functions of Commission.

6. The functions of the Commission shall be, in the interests of the effectual prosecution of the war—

(a)to regulate, control, promote or conduct the collection, treatment, disposal and use of salvage materials and the provision and use of salvage services;

(b)to take measures for ensuring that salvage materials are effectively collected and salvage services effectively used;

(c) to make or provide for the making of such investigations as it thinks necessary for the effectual performance of any of the foregoing functions; and

(d)to advise the Minister on any matters relating to salvage materials or salvage services.

Meetings of Commission.

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

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

(3.) Any two members may call a special meeting of the Commission to be held not earlier than seven days after notice thereof has been given to all other members.

(4.) All questions before the Commission shall be decided by a majority of votes of the members present, and the person presiding at the meeting of the Commission shall have a deliberative vote and, in the event of an equality of votes, he shall have a casting vote.

(5.) At all meetings of the Commission three members shall form a quorum.

Delegation by Commission.

8.—(1.) The Commission may, in relation to any matters or class of matters or in relation to any particular State or part of Australia, by writing under its seal, delegate any of its powers and functions under these Regulations (except this power of delegation), 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 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 Commission.

Officers and employees.

9.—(1.) The Chairman shall be the Chief Executive Officer of the Commission.

(2.) 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.

(3.) Officers and employees appointed under these Regulations shall not be subject to the provisions of the Commonwealth Public Service Act 1922-1943.

(4.) 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 1928-1940 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 1928-1940.

Power to declare salvage materials.

10.—(1.) Where the Minister is of opinion that it is necessary or expedient, in order that salvage may be carried on and regulated in the interests of the effectual prosecution of the war, that these Regulations should apply in respect of any substances or things, or substances or things included in any class of substances or things, he may, by notice in the Gazette, declare those substances or things, or substances or things included in that class, to be salvage materials for the purposes of these Regulations.

(2.) Any declaration by the Minister in pursuance of this regulation may be expressed to apply generally or in respect of any State or part of Australia.

Powers of Commission.

11.—(1.) Subject to any direction of the Minister, the Commission may, by order published in the Gazette, direct, prohibit, restrict, authorize, control or regulate in any manner whatsoever—

(a)the collection, transportation, sorting, treating, storing, purchase, acquisition (including compulsory acquisition), transfer, sale, disposal, possession, use or destruction of any salvage materials; or

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

(2.) Without affecting the generality of the last preceding sub-regulation, the Commission may—

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

(b) establish and administer schemes in relation to the collection, transportation, sorting, treating, storing, purchase, acquisition, transfer, sale, disposal, possession, use or destruction of salvage materials or in relation to the supply or carrying on of salvage services.

(3.) The Commission may collect, transport, sort, treat, store, purchase, acquire, transfer, sell, dispose of, use or destroy, salvage materials and may supply or carry on any salvage service.

Directions as to disposal of salvage materials.

12. The Commission may, by notice in writing, require any person who has possession of any salvage materials to deliver those materials to the person, at the place, and within the time specified in the notice, and upon the terms so specified.

Chairman may require returns to be furnished.

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

(a) particulars of the quantity, description, class and grade of any salvage materials which were or are or will be in his possession or under his control at a date so specified;

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

(c) such other particulars relating to salvage materials or salvage services as are so specified.

(2.) A notice under this regulation may be given to a person individually or to persons included in a class of persons specified in the notice, and, in the latter case, shall be sufficiently given if it is published in the Gazette.

(3.) A person shall not, in any return furnished in pursuance of this regulation, make any statement or furnish any information which is false or misleading in any particular.

Licensing of collectors.

14.—(1.) The Commission may grant a licence, subject to such conditions (if any) as are specified in the licence, to any person, authority, organization or body authorizing him or it to collect or receive salvage materials, and may cancel or suspend any such licence.

(2.) A person shall not collect or receive any salvage materials unless he is the holder of a licence under this regulation, or is acting as the servant or agent of such a holder.

(3.) A person who is the holder of a licence under this regulation shall comply with all conditions subject to which the licence is granted.

(4.) Nothing contained in or done under this regulation shall exempt any person from compliance with any law of a State or Territory of the Commonwealth except in so far as that compliance would be inconsistent with his compliance with the conditions of a licence granted to him under this regulation.

(5.) The Commission may, by order, exempt any person, or persons included in any class of persons, or persons generally with such exceptions as are specified in the order, from the provisions of sub-regulation (2.) of this regulation.

Inspection.

15. For the purposes of these Regulations the Chairman or an authorized officer may, at all reasonable times, enter any premises and inspect any stocks of salvage materials and any accounts, books and documents relating to any salvage materials.

Production of books, &c.

16. The Chairman or an authorized officer may require any person to produce for his inspection any accounts, books or documents in his possession relating to salvage materials, and may make copies of, or extracts from, any such accounts, books or documents.

Authentication of orders and notices.

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

18. A person shall not refuse or fail to comply with any order, requirement or direction made or given in pursuance of these Regulations.

Service of notices.

19. 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.

 

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

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