National Security (Supply of Goods) Regulations (Amendment) (Cth)

STATUTORY RULES.

1941. No. 93.

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REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.*

I, THE DEPUTY OF 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 second day of May, 1941.

Governor-General.

By His Excellency’s Command,

for and on behalf of the Minister of State for Defence Co-ordination.

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Amendments of the National Security (Supply of Goods) Regulations. 

Power to require delivery of goods.

1. Regulation 4 of the National Security (Supply of Goods) Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “manufactures, produces”;

(b) by inserting after sub-regulation (1.) the following sub-regulation:—

“(1a.) The Minister may, by order in writing, require any person who manufactures or produces goods, or who, in the opinion of the Minister, is capable of manufacturing or producing goods, to manufacture or produce and to deliver to the Minister, or to such person as is specified in the order, such goods as are so specified, and within such period as is so specified”; and

(c) by omitting from sub-regulation (2.) the words “the last preceding sub-regulation” and inserting in their stead the words “either of the last two preceding sub-regulations”.

 

*Notified in the Commonwealth Gazette on , 1941.

 Statutory Rules 1939, No. 129.

Price or remuneration for delivery of goods.

2. Regulation 5 of the National Security (Supply of Goods) Regulations is amended by omitting the words “supply and delivery” and inserting in their stead the words “manufacture, production, supply or delivery”.

Power to require production of documents and keeping of records.

3. Regulation 6 of the National Security (Supply of Goods) Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “manufactures, produces,” and inserting in their stead the words “manufactures or produces, or who, in the opinion of the Minister, is capable of manufacturing or producing, or who”;

(b) by omitting from sub-regulation (2.) the words “manufactures, produces,” and inserting in their stead the words “manufactures or produces, or who, in the opinion of the Minister, is capable of manufacturing or producing, or who”; and

(c) by omitting from sub-regulation (2.) the words “supply and” and inserting in their stead the words “manufacture, production, supply or”.

4. Regulation 7 of the National Security (Supply of Goods) Regulations is repealed and the following regulation inserted in its stead:—

Indemnity in respect of contracts.

“7. Where any person fails to fulfil any contract, whether made before or after the commencement of these Regulations, it shall be a good defence to any action or proceeding brought against that person in respect of that failure if that failure was due—

(a) to compliance with the requirements of an order issued in pursuance of regulation 4 of these Regulations; or

(b) to that person having given, during any particular period, priority, over other business in which he was then engaged, to the manufacture, production or supply of goods for the purposes of any Department of the Commonwealth or to any contract (whether with himself or any other person) for the supply of such goods, and that it was, in all the circumstances of the case, reasonable and in the public interest for him to have given priority accordingly”.

 

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