STATUTORY RULES.
1940. No. 86.
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REGULATIONS UNDER THE NATIONAL
SECURITY ACT 1939.*
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.
Dated
this seventeenth day of May, 1940.
GOWRIE
Governor-General,
By
His Excellency’s Command,
ROBERT
G. MENZIES
Minister
of State for Defence Co-ordination.
–––––––
National Security (Supply of Coal) Regulations.
Short
title.
1.These Regulations may be
cited as the National Security (Supply of Coal) Regulations.
Commencement.
2. Regulations 1, 6 and 8of
these Regulations shall come into operation on the date of notification of
these Regulations in the Gazette, and
regulation 3 of these Regulations shall come into operation on the nineteenth
day of May, 1940, and the remaining regulations shall come into operation on
the twentieth day of May, 1940.
Repeal.
3. The National Security (Coal) Regulations (being Statutory Rules
1940, No. 61, as amended by Statutory Rules 1940, Nos. 79 and 85) are repealed.
Definition.
4. In these Regulations, unless the contrary intention appears—
“owner”,
in relation to a coal mine, means any person who is the immediate proprietor,
or lessee, or occupier of the mine, or of any part thereof, and includes any
contractor for the working of the mine, or any part thereof, but does not
include a person who merely receives a royalty, rent or fine from the mine, or
is merely the proprietor of the mine, subject to any lease, grant or licence
for the working thereof, or is merely the owner of the soil and not interested
in the minerals of the mine.
*
Notified in the Commonwealth Gazette on
17th May, 1940.
3108.–––Price 3d.
Power
to require delivery of coal.
5.—(1.) A Minister or any person authorized in that
behalf by a Minister (in these Regulations referred to as “the authorized
person”) may by order in writing require any owner of a coal mine to supply to
such person as is named in the order such quantity of coal, and within such
period of time, as is specified in the order.
(2.) Upon receipt of an order under the last
preceding sub-regulation, the owner of the coal mine to whom the order is
directed shall take action to ensure that the supply of the coal specified in
the order is to the necessary extent given priority over the supply of coal to
any other person.
(3.) The period of time specified in the order
shall be a period of time within which, in the opinion of the Minister or the
authorized person, it is possible for the coal to be delivered, having regard
to all the relevant circumstances, and the order may provide that the
obligation to comply therewith within the period specified shall be conditional
upon the happening or continuance of circumstances specified in the order.
Power
of Minister to order coal held to be supplied to some other person.
6. A Minister or a person authorized in that behalf by a Minister may,
by order in writing served on a person, firm or company in possession of a
supply of coal in excess of 10 tons, require that person, firm or company to
supply, to any other person, firm or company specified in the order, such
amount of that coal as is specified in the order, and to permit that other
person, firm or company, on payment or tender of payment therefor, to take
delivery of that amount at any reasonable hour in the day-time.
Returns
to be furnished.
7. On and after the twentieth day of May, 1940, and until further
notice is given by the authorized person, the owner of every coal mine in the
State of New South Wales shall cause to be forwarded daily to the authorized
person particulars as to the quantity of coal won at the mine on each day of
production, together with the name and address of the person, firm or company
to whom or to which any coal was supplied by the owner on that day.
Failure
to comply with order.
8. Any person, firm or company who fails to comply with any provision
of these Regulations shall be guilty of an offence.
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By
Authority: L. F. Johnston, Commonwealth Government
Printer, Canberra.