National Security (Supplementary) Regulations (Amendment) (Cth)

STATUTORY RULES.

1944 No. 2

REGULATION 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 Regulation under the National Security Act 1939-1943.

Dated this fifth day of January, 1944.

(SGD.) GOWRIE.

Governor-General

By His Excellency’s Command,

for and on behalf of the

Minister of State for Defence.

 

AMENDMENT OF THE NATIONAL SECURITY (SUPPLEMENTARY) REGULATIONS.

The National Security (Supplementary) Regulations are amended by adding at the end thereof the following regulation

Winding up of certain companies may be postponed

“119. (1) Where, with respect to any company in respect of which a petition for winding up has been filed in any court, a Minister is satisfied that the company is producing, manufacturing treating, repairing, servicing, reconditioning or transporting goods essential for the defence of the Commonwealth or the efficient prosecution of the war or has entered into a contract with the Commonwealth or a Department or Minister of State of the Commonwealth to perform any work, and that it is desirable in the interests of the defence of the Commonwealth or the efficient prosecution of the war that the operations of the company shall not be discontinued or in any way impeded, the Minister may, by notice in the Gazette, declare that in his opinion it is desirable in the interests of the defence of the Commonwealth or the efficient prosecution of the war that the operations of the company shall not be discontinued or in any way impeded.

“(2.) So long as a declaration under the last preceding sub-regulation remains in the force, no order for the winding up of the company shall be made under the law of any State or Territory of the Commonwealth and any proceedings pending under any such petition shall be suspended until the said declaration shall have been revoked by the Minister.

“(3.) Where the Minister has made a declaration in respect of any company under sub-regulation (1.) of this regulation, he may authorize a person (in this regulation referred to as ‘the authorized controller’) specified in the order to carry on the operations of the company and that person shall by force of this regulation be empowered to carry on the operations of the company and any person having any functions of management in relation to the company shall comply with any directions given by the authorized controller.

“(4.). The authorized controller, while carrying on the operations of any company in pursuance of this regulation, shall be deemed to be acting as agent for the company.”.

 

* Notified in the Commonwealth Gazette on , 1944.

Statutory Rules 1940, No.126 as amended to date. For previous National Security (Supplementary) Regulations, see footnote   to Statutory Rules 1943, No. 256 and also