National Security (Shipbuilding) Regulations (Cth)

STATUTORY RULES.

1941. No. .

––––––

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.*

WHEREAS by section 13a of the National Security Act 1939-1940 it is enacted, inter alia, that the Governor-General may make such Regulations making provision for requiring persons to place themselves, their services and their property at the disposal of the Commonwealth, as appear to him to be necessary or expedient for securing the public safety, the defence of the Commonwealth and the Territories of the Commonwealth, or the efficient prosecution of any war in which His Majesty is or may be engaged:

And whereas it appears to me to be necessary and expedient for securing the public safety, the defence of the Commonwealth and the Territories of the Commonwealth, and the efficient prosecution of the war in which His Majesty is engaged that Regulations should be made requiring persons, to the extent specified in the following Regulations, to place themselves, their services and their property at the disposal of the Commonwealth:

Now therefore 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 eighth day of August, 1941.

Governor-General.

By His Excellency’s Command,

For Minister of State for Defence Co-ordination.

 

National Security (Shipbuilding) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Ship-building) Regulations.

Commencement.

2. These Regulations, except regulations 14 and 15, shall come into operation on the date on which they are notified in the Gazette, and regulations 14 and 15 shall come into operation on a date to be fixed by the Minister by notice published in the Gazette.

* Notified in the Commonwealth Gazette on , 1941.

4527.—18/4. 8. 1941 Price 5d

 

Repeal.

3.—(1.) The National Security (Shipbuilding) Regulations (in these Regulations referred to as “the repealed Regulations” and being Statutory Rules 1941, No. 63, as amended by Statutory Rules 1941, No. 77 and 1941, No. 149) are repealed and such repeal, in so far as it relates to regulations 11, 12 and 13 of those Regulations, shall have effect as if those regulations had not been made.

(2.) The Board constituted under the repealed Regulations, and existing at the commencement of these Regulations, shall continue in existence as if constituted under these Regulations, and every person who, immediately prior to the commencement of these Regulations, held any office or appointment under the repealed Regulations shall, subject to these Regulations, continue to hold the corresponding office or appointment under these Regulations as if appointed under these Regulations, upon the terms and conditions upon which he was appointed.

Incorporation.

4. These Regulations shall be incorporated and read as one with the National Security (Munitions) Regulations, as amended for the time being.

Administration.

5. These Regulations shall be administered by the Minister of State for Munitions.

Definitions.

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

“member” means a member of the Board and includes the Chairman, the Deputy Chairman, the Deputy Director of Shipbuilding and the deputy of a member;

“Cockatoo Island” means the island situated in the Harbour of Port Jackson, in the State of New South Wales, and known as Cockatoo Island;

“the Board” means the Australian Shipbuilding Board constituted under these Regulations;

“the Chairman” means the Chairman of the Board;

“the Department” means the Department of Munitions;

“the Deputy Chairman” means the Deputy Chairman of the Board;

“the Director-General” means the Director-General of Munitions;

“the Minister” means the Minister of State for Munitions.

Constitution and incorporation of Australian Shipbuilding Board.

7.—(1.) There shall be an Australian Shipbuilding Board which shall consist of—

(a) a person of business experience who shall be the Chairman of the Board;

(b)the member of the Naval Board responsible for naval shipbuilding, who shall be the Deputy Chairman of the Board;

(c) a public accountant, who shall be called the “Finance Member”; and

(d) a person representative of the employees engaged on shipbuilding,

and, if at any time the Minister considers it necessary, one other person.

(2.) The members of the Board (other than the member of the Naval Board responsible for naval shipbuilding) shall be appointed by the Minister and shall hold office during the pleasure of the Minister.

(3.) The Board shall be a body corporate, with perpetual succession and a common seal, with power to hold property, and capable of suing and being sued.

Expenses of members.

8. There shall be payable to the members of the Board travelling and other allowances at such rates as the Minister determines.

Deputies of members.

9. The Minister may appoint a person to act as the deputy of a member during the absence through illness or any other cause, or during any suspension, of the member, and the deputy shall, while so acting, have and exercise all the powers and functions of the member.

Meetings of the Board.

10.—(1.) The Board shall meet at such times, not being less than once a fortnight, as the Chairman from time to time determines.

(2.) The Minister may at any time convene a special meeting of the Board.

(3.) At any meeting of the Board—

(a) if the Board consists of four members, two members shall form a quorum; or

(b) if the Board consists of five members, three members shall form a quorum.

(4.) All questions arising at any meeting of the Board shall be decided by a majority of the votes of the members present.

(5.) The Chairman or, in his absence, the Deputy Chairman shall preside at all meetings of the Board. In the event of the absence of both the Chairman and the Deputy Chairman from any meeting of the Board, the members present shall appoint one of their number to act as Chairman at that meeting.

(6.) The Board shall keep a record of its proceedings.

Director of Shipbuilding.

11.—(1.) There shall be a Director of Shipbuilding who shall be the member of the Naval Board responsible for the time being for Naval shipbuilding.

(2.) The deputy of that member appointed under regulation 9 of these Regulations shall be the Deputy Director of Shipbuilding.

(3.) Subject to the directions of the Board, the Director of Shipbuilding or, during his absence through illness or other cause, the Deputy Director of Shipbuilding, may exercise the executive authority of the Board.

Powers and functions of the Board.

12.—(1.) Subject to these Regulations and to the directions of the Minister, the Board shall be responsible for the building of merchant ships and other vessels (other than Naval vessels), for the repair and maintenance of all merchant ships and for the provision of dry docking and repairing facilities for merchant ships.

(2.) Subject to these Regulations, and insofar as expenditure is involved within the limits of available funds, the powers and functions of the Board shall be as follows:—

(a) To report to the Minister from time to time on the capacity of Australian industry in respect of the building and repair of merchant ships and of the means by which such capacity may be increased;

(b)To control the building of merchant ships, the repair and maintenance of all merchant ships and the building, extension, alteration, transfer, repair and maintenance of all shipyard, dry docking and repair facilities for merchant ships;

(c) To make arrangements or enter into agreements—

(i) for the building of merchant ships and for all action incidental thereto (including the provision of facilities and equipment required therefor); or

(ii) for the building, extension, alteration, transfer, repair and maintenance of all shipyard, dry docking, workshop and other facilities required for the building, repair and maintenance of merchant ships and for all action incidental thereto;

(d)To order and direct the repair and maintenance of merchant ships and the docking of merchant ships for the purpose of repair and maintenance;

(e) To make arrangements or enter into agreements for the supply of engines, boilers and all other equipment for merchant ships;

(f) Such other powers and functions in relation to the building, repair and maintenance of merchant ships and to the matters incidental thereto as are conferred or assigned by the Minister or the Director-General; and

(g)Notwithstanding anything in these Regulations, at the request of the Naval Board, to perform and exercise for the Naval Board in relation to Naval vessels any of the powers and functions conferred by paragraphs (a), (b), (c), (d), (e) and (f) of this sub-regulation.

(3.) Notwithstanding anything contained in this regulation, where in any case any expenditure necessary for the purposes of this regulation would exceed Twenty-five thousand pounds, the Board shall refer the matter to the Director-General for the approval of the Minister.

Compliance with orders of the Board.

13. The person in control or for the time being in charge of any merchant ship, shall comply with any order or direction given by the Board in relation to such ship under these Regulations.

Transfer of Cockatoo Island to the Board.

14. All right, title and interest of the Australian Commonwealth Shipping Board in and to Cockatoo Island, and in and to all improvements, buildings, structures, erections, dockyards, machinery, tools, plant, craft, furniture and fittings on that island are by force of this regulation transferred to and vested in the Board.

Transfer of powers and functions under Commonwealth Shipping Act 1923, &c.

15. The powers and functions exercisable by the Australian Commonwealth Shipping Board, in relation to Cockatoo Island, under the Commonwealth Shipping Act 1923 and the Cockatoo Island Dockyard Agreement Act 1933 shall, by force of this regulation, be transferred to and shall be exercisable by the Australian Shipbuilding Board, and all rights, powers, obligations and liabilities vested in, exercisable by or imposed on the Australian Commonwealth Shipping Board under any

contract, agreement or instrument whatsoever in relation to Cockatoo Island, shall be vested in, exercisable by, performed or discharged by the Australian Shipbuilding Board.

Validation.

16. Where, prior to the commencement of these Regulations, the Board has purported, in pursuance of the repealed regulations, to exercise any power or function, that power or function shall be deemed at all times to have been exercised as validly as if these Regulations had been in force at the time the Board purported to exercise the power or function.

 

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