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

STATUTORY RULES.

1941. No. 279.

 

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 nineteenth day of November, 1943.

(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:—

Control of certain essential undertakings where supplies of war threatened.

“ .—(1.) Where—

(a) there is, between the Commonwealth or an authority of the Commonwealth and the person who is or was carrying on an undertaking, a contract for the supply to the Commonwealth or the authority of goods produced by the operation of the undertaking which, in the opinion of a Minister, are required for the defence of the Commonwealth or the effective prosecution of the war, and that person or any person who is or was concerned in the management of the undertaking is serving a sentence of imprisonment, for an offence arising out of a contravention of, or failure

 

* Notified in the Commonwealth, Gazette on 1943.

Statutory Rules 1940, No 126. as amended to date. For previous National Security (Supplementary) Regulations, see footnote   to Statutory Rules 1943, No. 256, and see also Statutory Rules 1943, Nos. 267, 268, 269 and 275.

7040.—Price 3d. 25/17.11.1943.

 

to comply with, the National Security (Prices) Regulations or any order under those Regulations, and has taken or, in the opinion of that Minister, is likely to take, action to cause the operation of the undertaking to be discontinued; or

(b) in the opinion of a Minister, any person carrying on any undertaking for the production of coal has, by reason of his not being satisfied with the financial return which, having regard to the operation of the National Security (Prices) Regulations, is being received from the undertaking, taken action to cause the operation of the undertaking to be discontinued, or is likely, for that reason, to take that action,

that Minister may, by order, authorize any person (in this sub-regulation referred to as an ‘authorized controller’) to exercise with respect to that undertaking such functions of control on behalf of the Commonwealth as are specified in the order, and the authorized controller may exercise those functions accordingly.

“(2.) So long as there is in force an order under the last preceding sub-regulation with respect to any undertaking, the undertaking shall be carried on in accordance with the provisions of the order, and any person having any functions of management in relation to the undertaking shall comply with any directions given by the authorized controller.

“(3.) Upon making any order under sub-regulation (1.) of this regulation the Minister making the order shall cause notice of the effect of the order to be given as soon as practicable in such manner as he thinks necessary for bringing it to the notice of the person, if any, carrying on the undertaking to which the order relates, and to the notice of such other persons, if any, as should, in the opinion of the Minister, have notice of the order.

“(4.) Regulations 60s to 60m of the National Security (General) Regulations (which relate to compensation) shall apply as if this regulation were a regulation specified in sub-regulation (1.) of regulation 60d of those Regulations.

“(5.) In this regulation ‘undertaking’ means any industrial or commercial enterprise or any part of any such enterprise.”.

 

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