National Security (Shipping Co-ordination) Regulations (Amendment) (Cth)

STATUTORY RULES.

1945. No. 204.

 

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 twentieth day of December, 1945.

HENRY

Governor-General.

By His Royal Highness’s Command,

W. P. ASHLEY

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

 

Amendments of the National Security (Shipping Co-ordination) Regulations.

Commencement.

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

Parts.

2.Regulation 4 of the National Security (Shipping Co-ordination) Regulations is amended—

(a)by omitting the words “Part III.—Shipping Control Board” and inserting in their stead the words “Part III.—Australian Shipping Board”;

(b)by omitting the words “Part IV—Commonwealth Government Ships Chartering Committee” and inserting in their stead the words “Part IV.—Salvage” and

(c) by omitting the words “Part VI.—Central Cargo Control Committee.”

3.Regulation 5 of the National Security (Shipping Co-ordination) Regulations is repealed and the following regulation inserted in its stead:—

Definitions.

“5. In these Regulations, unless the contrary intention appears—

‘shipping authority’ means the Board or the Commission;

‘the Australian Shipping Board’ or ‘the Board’ means the Australian Shipping Board established under these Regulations;

‘the Director’ means the Director of Shipping appointed under these Regulations;

 

* Notified in the Commonwealth Gazette on 20th December 1945.

  Statutory Rules 1944, No. 86, as amended by Statutory Rules 1944, Nos. 113 and 126; and 1945, Nos. 47 and 69.

7378.—Price 8d.

‘the Navigation Act’ means the Navigation Act 1912–1942;

‘the Stevedoring Industry Commission’ or ‘the Commission’ means the Stevedoring Industry Commission established under these Regulations.”

4.Regulation 6 of the National Security (Shipping Co-ordination) Regulations is repealed and the following regulation inserted in its stead:—

Power of Minister to give directions.

“6. The exercise of the powers and functions of the Director or of any shipping authority under these Regulations shall be subject to any directions of the Minister.”.

Exclusion of ships under control of Minister for Navy.

5. Regulation 7a of the National Security (Shipping Co-ordination) Regulations is repealed.

6.Regulation 9 of the National Security (Shipping Co-ordination) Regulations is repealed and the following regulation inserted in its stead:—

Powers and functions of Director.

“9. The Director shall have and perform such duties, and shall have and may exercise such of the powers and functions of any shipping authority, as the Minister determines.”

Additional powers and functions of Director.

7.Regulation 10 of the National Security (Shipping Co-ordination) Regulations is repealed.

Appointment of officers and employees.

8.Regulation 12 of the National Security (Shipping Co-ordination) Regulations is amended by omitting sub-regulation (4.).

Heading to Part III.

9.The heading to Part III. of the National Security (Shipping Co-ordination) Regulations is amended by omitting the words “SHIPPING CONTROL” and inserting in their stead the words “AUSTRALIAN SHIPPING”.

Repeal and saving.

10.Regulation 13 of the National Security (Shipping Co-ordination) Regulations is amended by omitting sub-regulation (2.).

11.Regulation 14 of the National Security (Shipping Co-ordination) Regulations is repealed and the following regulation inserted in its stead:—

Objects.

“14. The objects of this Part are to provide, in the interests of the defence of the Commonwealth and the effectual prosecution of the war, for the control, direction and requisition of Australian shipping and, in particular, for—

(a) the chartering, management and operation of ships on behalf of the Commonwealth;

(b)the speedy loading and unloading of ships; and

(c)the orderly and expeditious handling of goods arriving orto be shipped by sea,

and this Part shall be administered and construed accordingly.”

Definitions.

12.Regulation 15 of the National Security (Shipping Co-ordination) Regulations is amended by omitting the definition of “the Board”.

Application of Part.

13.Regulation 16 of the National Security (Shipping Co-ordination) Regulations is amended—

(a) by omitting paragraph (a) of sub-regulation (2.) and inserting in its stead the following paragraphs:—

“(a) to ships chartered, managed or operated by or placed under the control of, the Board;

(ab) to ships registered in Australia, wherever they may be; and”; and

(b)by omitting sub-regulation (3.) and inserting in its stead the following sub-regulation:—

“(3.) This Part shall not apply to any ship while it is under charter to, or is requisitioned by or on behalf of, the Minister of State for the Navy for naval purposes or is otherwise placed under the control of that Minister.”

14.Regulation 17 of the National Security (Shipping Co-ordination) Regulations is repealed and the following regulations are inserted in its stead:—

Australian Shipping Board.

“17.—(1.) There shall be an Australian Shipping Board, which shall consist of—

(a) the Secretary, Department of Supply and Shipping who shall be the Chairman of the Board;

(b)the Director, who shall be the Deputy Chairman of the Board;

(c)another officer of the Department of Supply and Shipping;

(d)an officer of the Department of the Treasury;

(e) an officer of the Department of Trade and Customs; and

(f) four other members.

“(2.) Members of the Board (other than the Chairman and Deputy Chairman) shall be appointed by the Minister and shall hold office on such terms and conditions as the Minister determines.

“(3.) The Board shall be a body corporate, with perpetual succession and a common seal.

Deputies of members of the Board.

“17a.—(1.) The Minister may appoint a person to be the deputy of any member of the Board.

“(2.) Any person so appointed shall, in the event of the absence of the member of whom he is the deputy from any meeting of the Board, be entitled to attend that meeting and when so attending shall be deemed to be a member of the Board.

“(3.) Any such appointment of a deputy, and any act done by him as such, shall not, in any proceedings, be questioned on the ground that the occasion for his appointment or for the exercise of his powers had not arisen or had ceased.”.

Meetings of Board.

15.Regulation 18 of the National Security (Shipping Co-ordination) Regulations is amended by omitting from sub-regulation (3.) the word “four” and inserting in its stead the word “six”.

16.Regulation 20 of the National Security (Shipping Co-ordination) Regulations is repealed and the following regulations are inserted in its stead:—

Powers and functions of Board.

“20.—(1.) The Board shall have power—

(a) to control shipping;

(b) to require that ships and the services of ships shall be subject to direction, requisition and control and to make arrangements for the management and operation of ships;

(c) to arrange for the speedy loading and unloading of ships;

(d)to arrange for the orderly discharge and shipment of goods carried, or to be carried, by sea and for the safe custody thereof and for the protection and improvement of conditions of all persons engaged in, or in connexion with matters relating to or incidental to, the handling, safe custody or delivery of goods carried, or to be carried, by sea;

(e) to secure that the ports of the Commonwealth shall be developed, equipped and operated in such a manner as to ensure speedy loading, and unloading of ships and for this purpose to co-ordinate the activities of, and to require the assistance of, the authorities controlling those ports; and

(f) to require interstate or overseas shipping organizations operating within the Commonwealth to assist the Board in such manner as it requires on such terms and conditions as the Minister approves.

“(2.) In addition to the powers specifically conferred on it by this Part, the Board shall have all powers and authorities conducive or incidental to the objects of this Part and, in particular, the power, in the name of the Board, of contracting and taking legal proceedings.

Power of Board to charter ships, &c.

“20a. The Board may—

(a)charter, on behalf of the Commonwealth, any ship;

(b) employ any ship so chartered, or any ship placed under the control of the Board, to convey mails, passengers or cargo on such terms and conditions as the Board determines;

(c) allot any ship so chartered, or any ship placed under the control of the Board, for use by any person (including any shipping authority);

(d)sub-charter to any person including any shipping authority, any ship so chartered, or any ship placed under the control of the Board; and

(e) enter into any agreement with any person or authority (whether in Australia or outside Australia) providing for that person or authority to act on behalf of, or as agent for, the Board in respect of such matters as are provided in the agreement.”

Power of Board to make orders and give directions.

17.Regulation 21 of the National Security (Shipping Co-ordination) Regulations is amended by omitting the words “is empowered to control shipping and for that purpose may make such orders and give

such directions as it thinks fit with respect, to any matter relating to shipping, and in particular” and inserting in their stead the words “ may make such orders and give such directions as it thinks fit and, in particular, may make orders and give directions”.

18. Regulations 22 and 23 of the National Security (Shipping Co-ordination) Regulations are repealed and the following regulations inserted in their stead:—

Application of orders and directions.

“22.—(1.) An order or direction of the Board under these Regulations may—

(a) contain such provisions, conditions and directions as appear to the Board to be necessary or desirable;

(b)void, vary or renew any contract or class of contracts the operation or effect of which appears to the Board to be affected by the making of that order or the giving of that direction; and

(c) in the case of an order relating to ships, apply to ships generally, or to any description of ship, whether that description is according to class, ownership, trade or otherwise, or to any specified ship or ships.

“(2.) Subject to the next succeeding sub-regulation, any direction of the Board under these Regulations shall be served personally or by post on the person required to comply with the direction and that person shall thereupon comply with the direction.

“(3.) Any direction of the Board under these Regulations affecting any ship may be served personally or by post on the master, owner or agent of the ship, who shall thereupon comply with the direction.

“(4.) A direction of the Board under these Regulations may be revoked or varied by a further direction.

Authentication of orders and directions.

“23. Any order or direction of the Board under these Regulations to be made or given by the Board shall be sufficiently authenticated if signed—

(a) by the Chairman of the Board, or, in his absence, by the Deputy Chairman of the Board; or

(b)in case of an order or direction, under Part IV. of these Regulations, by the Chief Salvage Officer,

for and on behalf of the Board, and any order or direction 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 Board.”.

Board to requisition ships and space or accommodation in ships.

19.Regulation 24 of the National Security (Shipping Co-ordination) Regulations is amended by inserting in sub-regulation (2.), after the word “regulation”, the words “or requisitioned or required to be placed at the disposal of the Shipping Control Board under regulation 11 of the National Security (Shipping Control) Regulations,”.

Owner of ship requisitioned or controlled acting as agent.

20.Regulation 25 of the National Security (Shipping Co-ordination) Regulations is amended by inserting in sub-regulation (1.), after the word “regulation”, the words “or requisitioned or required to be placed at the disposal of the Shipping Control Board under regulation 11 of the National Security (Shipping Control) Regulations,”.

Remuneration in respect of certain services.

21.Regulation 26 of the National Security (Shipping Co-ordination) Regulations is amended by inserting, after the word “determined”, the words “in respect of or in relation to any ship requisitioned, or required to he placed at the disposal of the Board, in pursuance of the power contained in sub-regulation (1.) of regulation 24 of these Regulations or requisitioned or required to he placed at the control of the Shipping Control Board under regulation 11 of the National Security (Shipping Control). Regulations,”.

22.After regulation 27 of the National Security (Shipping Co-ordination) Regulations the following regulation is inserted:—

Validation of certain resolutions of Shipping Control Board

“27a. Any resolution of the Shipping Control Board constituted under the National Security (Shipping Control) Regulations, made under regulation 7, 8 or 9 of the National Security (Shipping Requisition) Regulations and purporting to vary, in respect of any period prior to the date of the resolution, the charter rate of a ship, the remuneration of an agent or the rate or remuneration in respect of a service, shall be and shall be deemed at all times to have been, a valid and effectual resolution.”.

Standard time charter party.

23.Regulation 45 of the National Security (Shipping Co-ordination) Regulations is amended by omitting the words “Shipping Control” (wherever occurring).

24.Part IV. of the National Security (Shipping Co-ordination) Regulations is repealed and the following Part inserted in its stead:—

“Part IV:—Salvage.

Chief Salvage Officer.

“48.—(1.) For the purposes of this Part, 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 have such powers, functions and authorities are conferred on him by or under this Part.

Powers and functions of Board.

“49.—(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; and

(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—

(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, the time within which, the advice shall be given;

(b) the extent to which owners, ship-owners, 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 him or them to direct, control or carry out salvage operations;

(d)the obligation of ship-owners, underwriters and others to act in conformity with the orders and directions of the Board, the Chief Salvage Officer or a deputy of the Chief Salvage Officer, and to carry out those orders and directions;

(e) the establishment of a proper liaison with the Naval Forces 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 Naval Forces; and

(f) all other matters incidental to the purpose of this Part.

“(4.) The Board may purchase, hire, construct or otherwise acquire, and maintain and operate, such vessels, boats, gear or equipment for the purpose of salvage operations, as the Board thinks fit and may take such measures and do such things as appear to the Board to be necessary or expedient for the purposes of this Part.”

Definitions.

25.Regulation 57 of the National Security (Shipping Co-ordination) Regulations is amended by omitting the definition of “the Commission”.

Repeal of Part VI.

26.Part VI. of the National Security (Shipping Co-ordination) Regulations is repealed.

Objects of Part.

27.Regulation 105 of the National Security (Shipping Co-ordination) Regulations is amended by omitting the words “, materials, machinery or parts thereof, vehicles or parts thereof, or any other thing”.

Definitions.

28.Regulation 106 of the National Security (Shipping Co-ordination) Regulations is amended by omitting the definitions “State Cargo Control Committee” and “the Central Cargo Control Committee”.

29.Regulation 107 of the National Security (Shipping Co-ordination) Regulations is repealed and the following regulation inserted in its stead:—

Schemes of cargo protection.

“107.—(1.) The Board shall draw up a scheme for cargo protection in respect of any port specified by the Minister and shall submit the scheme to the Minister for approval.

“(2.) No such scheme shall be put into operation without the approval of the Minister”.

Issue of loading docket.

30.Regulation 108 of the National Security (Shipping Co-ordination) Regulations is amended by omitting from sub-regulation (1.) the words “Central Cargo Control Committee” and inserting in their stead the word “Board”.

Issue of carter’s docket.

31.Regulation 109 of the National Security (Shipping Co-ordination) Regulations is amended by omitting from sub-regulation (1.) the words “Central Cargo Control Committee” and inserting in their stead the word “Board”.

Issue of delivery dockets.

32.Regulation 111 of the National Security (Shipping Co-ordination) Regulations is amended by omitting from sub-regulation (1.) the words “Central Cargo Control Committee” and inserting in their stead the word “Board”.

Loading of vehicles.

33.Regulation 113 of the National Security (Shipping Co-ordination) Regulations is amended by omitting from sub-regulation (1.) the word “packages” and inserting in its stead the word “goods”.

34.Regulation 116 of the National Security (Shipping Co-ordination) Regulations is repealed and the following regulation inserted in its stead:—

Gatekeepers, &c to be approved by Board.

“116.—(1.) A person shall not be employed as delivery clerk, tally clerk, watchman, guard, wharfinger or gatekeeper at any port, or in the carriage of goods to or from any wharf, unless the consent in writing of the Board, or a person authorized by the Board to give such consents, has first been obtained.

“(2.) Any consent granted under this regulation may be revoked at any time by the Board”.

Board to compel production of pass or permit.

35.Regulation 117 of the National Security (Shipping Co-ordination) Regulations is repealed.

Returns of cargo pillaged to be furnished.

36.Regulation 121 of the National Security (Shipping Co-ordination) Regulations is amended—

(a) by omitting the words “State Cargo Control Committee in the State in which he or it carries on business” and inserting in their stead the word “Board”; and

(b)by omitting the words “Central Cargo Control Committee” (wherever occurring) and inserting in their stead the word “Board”.

Information as to the class or kind of cargo on incoming vessels to be furnished.

37.Regulation 122 of the National Security (Shipping Co-ordination) Regulations is amended by omitting the words “Central Cargo Control Committee or a State Cargo Control Committee” and inserting in their stead the word “Board”.

Offences to be reported.

38.Regulation 124 of the National Security (Shipping Co-ordination) Regulations is repealed.

Repeal and saving.

39.—(l.) The National Security (Salvage Board) Regulations (being Statutory Rules 1942, No. 129, as amended by Statutory Rules 1943, No. 546, and 1943, No. 49) are repealed.

“(2.) Regulation 15 of the National Security (Food Control) Regulations is repealed and the following regulation inserted in its stead:—

Co-operation between Shipping and Land Transport authorities.

“15. The Controller-General may request the assistance and co-operation of the Minister of State for Transport and of the Australian Shipping Board constituted under the National Security (Shipping Co-ordination) Regulations in relation to the transport by land or sea, as the case may be, of food, foodstuffs, fertilizers or fodder, and that Minister may exercise his powers and functions under the National Security (Land Transport) Regulations, and that Board may exercise its powers and functions under the National Security (Shipping Co-ordination) Regulations, with a view to carrying out the objects of these Regulations.”

(3.) Notwithstanding the repeal of the National Security (Salvage Board) Regulations—

(a)all officers, employees and servants, holding office or employed, immediately prior to the commencement of these Regulations, by the Salvage Board, shall continue to hold office or be employed as if they were appointed under regulation 12 of the National Security (Shipping Co-ordination) Regulations; and

(b) any person acting, immediately prior to the commencement of these Regulations, as an agent of the Salvage Board constituted under the National Security (Salvage Board) Regulations shall be an agent of the Australian Shipping Board for the purposes of Part IV. of the National Security (Shipping Co-ordination) Regulations but his agency may be terminated at any time by the Board.

(4.) Any person acting, immediately prior to the commencement of these Regulations, as an agent of the Shipping Control Board constituted under the National Security (Shipping Co-ordination). Regulations shall be an agent of the Australian Shipping Board for the purposes of Part III. of the National Security (Shipping Co-ordination) Regulations but his agency may be terminated at any time by the Board.

(5.) All rights, property, assets, obligations and liabilities of the Shipping Control Board, the Commonwealth Government Ships Chartering Committee or the Central Cargo Control Committee constituted under the National Security (Shipping Co-ordination) Regulations, and of the Salvage Board constituted under the National Security (Salvage Board) Regulations, shall, by force of this regulation, be vested in or imposed on the Australian Shipping Board, and, in any contract, agreement or other instrument to which the Shipping Control Board, the Commonwealth Government Ships Chartering Committee, the Central Cargo Control Committee or the Salvage Board was a party, any reference to that Board or Committee shall be read as a reference to the Australian Shipping Board.

7378.—2

(6.) Any order made or direction given under the National Security (Shipping Co-ordination) Regulations by the Shipping Control Board or under the National Security (Salvage Board) Regulations by the Salvage Board, and in force immediately prior to the commencement of these Regulations shall, subject to revocation, amendment or variation by the Board, continue in force as if made or given by the Australian Shipping Board under the National Security (Shipping Co-ordination) Regulations as amended by these Regulations.

(7.) A person shall not be entitled to make or bring any claim, action, suit or proceeding which he would not have been entitled to make or bring if the amendments effected by these Regulations had not been made.

The Schedule.

40.The Schedule to the National Security (Shipping Co-ordination) Regulations is amended—

(a)by omitting all the words before paragraph 2 and inserting in their stead the following words:—

“STANDARD TIME CHARTER PARTY OF THE AUSTRALIAN SHIPPING BOARD UPON WHICH SHIPS ARE REQUISITIONED.

“The following are the terms and conditions which shall govern ships referred to in regulation 24 of the National Security (Shipping Co-ordination) Regulations unless the order of requisition otherwise provides, and those terms and conditions shall apply to all ships so requisitioned and to the Owners thereof:—

“1. The ship having been requisitioned in pursuance of the National Security (Shipping Co-ordination) Regulations or the National Security (Shipping-Control) Regulations, the Owners let, and the charterers hire, the ship for the period of requisition upon the terms and conditions hereinafter set out.”;

(b)by omitting from paragraph 7 the word “Control” and inserting in its stead the word “Co-ordination”; and

(c) by omitting paragraph 34 and inserting in its stead the following paragraph:—

“34. In this Charter the word ‘charterer’ means the Australian Shipping Board on behalf of the Commonwealth of Australia and the word ‘Owner’ or ‘Owners’ means, in relation to any ship, the person, persons or company registered under the Imperial Act known as the Merchant Shipping Act, 1894, as the owner of that ship.”

 

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