National Security (Supply of Goods) Regulations (Cth)

STATUTORY RULES.

1943. No. 305.

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 seventeenth day of December, 1943.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

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

————

National Security (Supply of Goods) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Supply of Goods) Regulations.

Administration.

2. These Regulations shall be administered by the Minister of State for Supply and Shipping.

Repeal.

3. The National Security (Supply of Goods) Regulations (comprising Statutory Rules 1939, No. 129, as amended by Statutory Rules 1941, Nos. 93 and 214, and 1942, No. 164) are repealed.

Definitions.

4. In these Regulations, unless the contrary intention appears—

“articles” includes substances and commodities;

“goods” means any articles which, in the opinion of a Minister, are required in the interests of the defence of the Commonwealth or the more effectual prosecution of the present war.

Power to require delivery of goods.

5.—(1.) A Minister may, by order in writing, require any person who deals in goods, or has goods in his possession, to deliver to the Commonwealth at such place as is specified in the order such of those goods as are so specified, and within such period, at such times and in such manner as are so specified.

(2.) A Minister may, by order in writing, require any person who manufactures or produces goods, or who, in the opinion of that Minister, is capable of manufacturing or producing goods, to manufacture or produce such of those goods as are specified in the order

* Notified in theCommonwealth Gazette on  1943.

6981.—Price 3d.  9/13.12.1943.

 

in accordance with the directions (if any) contained in the order, and to deliver the goods so specified to the Commonwealth at such place as is specified in the order and within such period, at such times and in such manner as are so specified.

(3.) Where, for the purpose of enabling him to manufacture or produce any articles for supply, or to supply any articles, any person has requested another person (in this sub-regulation referred to as “the supplier”)—

(a) who manufactures or produces articles;

(b) who, in the opinion of the Minister making the order referred to in this sub-regulation, is capable of manufacturing or producing articles;

(c) who deals in any articles; or

(d) who has any articles in his possession,

to enter into a contract, on terms which, in the opinion of a Minister, are fair and reasonable, for the supply to the person who made the request of any such articles and the supplier has refused or failed to enter into that contract, that Minister may, if he considers it desirable in the interests of the defence of the Commonwealth or the more effectual prosecution of the present war so to do, by order in writing, require the supplier to manufacture or produce and to deliver, or (as the case may be) to deliver, such of those articles (being goods within the meaning of these Regulations) as are specified in the order to the person who made the request, within such period, at such times and in such manner as are so specified.

(4.) Upon service of an order in pursuance of any of the last three preceding sub-regulations, the person to whom the order is directed shall, to the extent necessary to ensure compliance with the order, give priority, over all other business in which that person is engaged, to the delivery, or to the manufacture or production and delivery, as the case may be, of the goods specified in the order.

(5.) The period specified in an order under this regulation for the doing of anything shall be a period of time within which, in the opinion of the Minister making the order, it is possible for the thing to be done, having regard to all 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.

(6.) Upon the service of an order under sub-regulation (3.) of this regulation, the Minister making the order shall furnish a copy of the order to the person to whom goods are required by the order to be delivered.

Property in goods to pass on delivery.

6. Subject to the next succeeding regulation, upon delivery of any goods in pursuance of an order under regulation 5 of these Regulations, the goods shall become the property of the Commonwealth, or of the person to whom they are delivered, as the case may be, freed from all interests, charges or encumbrances which were, prior to that delivery, vested in any person.

Compensation.

7.—(1.) The Commonwealth shall pay just compensation to any person who delivers goods in pursuance of an order made under sub-regulation (1.) or (2.) of regulation 5 of these Regulations and to any person who had, at the time when the goods were delivered, an interest in those goods.

 

(2.) The person to whom any goods have been delivered in pursuance of an order made under sub-regulation (3.) of regulation 5 of these Regulations shall pay just compensation to the person who delivered the goods and to any person who had, at the time when the goods were delivered, an interest in those goods.

(3.) The amount of any just compensation for the purposes of this regulation shall be such amount as is determined by agreement or, in default of agreement, by action in any court of competent jurisdiction:

Provided that no amount determined by any such agreement in relation to goods delivered in pursuance of an order under sub-regulation (3.) of regulation 5 of these Regulations shall be paid or payable unless and until the Minister who made the order has certified in writing that the amount so determined is not, in his opinion, excessive and, until such a certificate is given, there shall, for the purposes of this sub-regulation be deemed to be a default of agreement.

Notice to persons having interest in goods delivered.

8.—(1.) Forthwith after delivery of any goods in pursuance of an order made under regulation 5 of these Regulations the person to whom the order was directed shall furnish in writing—

(a) in the case of an order under sub-regulation (1.) or (2.) of that regulation—to the Minister who made the order; or

(b) in the case of an order under sub-regulation (3.) of that regulation—to the person to whom the goods are delivered,

the name and address of every person who, to his knowledge, had, at the time of the delivery, an interest (including an interest by way of charge or encumbrance) in the goods, and full particulars, to the extent of his knowledge, of that interest.

(2.) Upon receipt of the information referred to in the last preceding sub-regulation, the Minister or other person to whom the information is furnished shall send by post to every person appearing to him to have an interest in the goods a notice in accordance with the form in the Schedule to these Regulations, together with a copy of the order referred to in the last preceding sub-regulation.

Power to require production or documents and keeping of records.

9.—(1.) A Minister may, by notice in writing, direct any person who manufactures or produces, or who, in the opinion of the Minister, is capable of manufacturing or producing, or who deals in or has in his possession, any goods to produce to any officer authorized for the purpose by that Minister any books, papers, accounts or documents of any description specified in the notice relating to the manufacture, production or disposal of goods or to facilities for such manufacture or production, or to stocks of goods, and to permit the officer so authorized to take copies of or extracts from any such books, papers, accounts or documents.

(2.) If a Minister is satisfied that the records kept by any person who manufactures or produces, or who, in the opinion of the Minister, is capable of manufacturing or producing, or who deals in or has in his possession, any goods in respect of which an order has been made in pursuance of regulation 5 of these Regulations are insufficient to facilitate the application of regulation 7 of these Regulations, he may, by notice in writing, direct that person to keep such records (being records which he considers necessary for that purpose) as are specified in the notice.

 

Indemnity in respect of contracts.

10. 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 made in pursuance of regulation 5 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 or authority of the Commonwealth or to any contract (whether with himself or any other person) for the supply of goods for any such purpose, and that it was, in all the circumstances of the case, reasonable and in the public interest for him to have given that priority.

Compliance with requirements.

11. A person shall not, without reasonable excuse, refuse or fail to comply with any requirement or direction made or given in pursuance of these Regulations which is applicable to him.

Service of orders.

12.—(1.) An order under these Regulations shall not have any effect until it has been served in accordance with the next succeeding sub-regulation.

(2.) An order under these Regulations may be served on the person to whom it is directed either personally or by posting the order as a letter addressed to that person at his last-known place of abode or any of his places of business.

 

THE SCHEDULE.

 

Regulation 7 (2.).

NATIONAL SECURITY (SUPPLY OF GOODS) REGULATIONS.

Notice to Person Appearing to have an Interest in Goods the Subject of an Order.

To

of

You are hereby notified that an order, a copy of which is attached, has been made and served on the person to whom the order is directed.

I am informed that you had, or may have had, an interest in the goods specified in the Schedule to this notice which have been delivered in pursuance of the order.

Regulation 7 of the National Security (Supply of Goods) Regulations contains the following provisions:—

[Set out sub-regulation (1.) or (2.) of regulation 7, whichever is applicable, and sub-regulation (3.) of regulation 7.]

THE SCHEDULE.

[Set out particulars of goods referred to.]

(Signature.)

(Address.)

(Date.)

 

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