National Security (Supply of Goods) Regulations (Cth)

STATUTORY RULES.

1939. No. 129.

 

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, in pursuance of the powers conferred by the National Security Act 1939 and all other powers me thereunto enabling, hereby make the following Regulations.

Dated this twenty Seventh day of October, 1939.

Governor-General.

By His Excellency’s Command,

for 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.

Definitions.

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

“goods” means any articles or commodities the subject of a declaration by the Minister in pursuance of regulation 3 of these Regulations;

“person” includes any company, association or body of persons;

“the Minister” means the Minister of State for Supply and Development.

Declaration by Minister.

3.—(1.) The Minister may by notice declare any articles or commodities which he considers are urgently required in connexion with the defence of the Commonwealth or the successful prosecution of the present war to be goods for the purposes of these Regulations.

(2.) The notice may be either a notice given individually to any person who manufactures, produces, deals in or has control of any articles or commodities or a notice to such persons or class of such persons generally; and such last-mentioned notice shall be published in the Gazette and in such newspapers (if any) as the Minister directs.

Power to require delivery of goods.

4.—(1.) The Minister may by order in writing require any person who manufactures, produces, deals in or has control of any goods to supply and 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.

* Notified in the Commonwealth Gazette on , 1939.

5619.—8/6.10.1939.—Price 3d

 

(2.) Upon receipt of an order in pursuance of the last preceding sub-regulation, the person to whom the order is directed shall take action to ensure that the manufacture, production or supply, as the case may be, of the goods specified in the order shall to the necessary extent be given priority over all other business in which that person is engaged.

(3.) The period specified in the order with respect to any goods shall be a period of time within which, in the opinion of the Minister, it is possible for the goods to be delivered, 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.

Price of or remuneration for delivery of goods.

5.—(1.) The price or remuneration to be paid for the supply and delivery of any goods in respect of which an order has been issued in pursuance of regulation 4 of these Regulations shall be such as is agreed between the person executing the order and the Minister, or, in default of agreement, such as is determined by arbitration in accordance with the succeeding provisions of this regulation.

(2.) If a dispute arises between the Minister and the person executing the order as to the price or remuneration which is fair and reasonable, having regard to all relevant circumstances, the dispute may be referred for determination to an arbitrator mutually selected, or, failing such selection, appointed by the Governor-General.

(3.) The arbitrator selected or appointed in pursuance of this regulation may, upon receiving a submission to arbitration of the dispute, duly executed by the parties, hear the dispute and make his determination in relation thereto.

(4.) The parties to the dispute, by themselves, or, in the case of a company, association or body of persons, by their principal officers, shall, if required by the arbitrator, submit to be examined by the arbitrator on oath in respect of any matter in relation to the dispute, and shall produce before the arbitrator all books, papers, accounts, writings and documents which may be required or called for, and do all other things which, during the hearing of the dispute, the arbitrator may lawfully require.

(5.) The costs of the arbitration shall be in the discretion of the arbitrator who may by his determination direct to and by whom, and in what manner, those costs or any part thereof shall be paid and may, if he thinks proper, tax or settle the amount of costs to be so paid or any part thereof.

(6.) Subject to this regulation, the arbitration proceedings shall be conducted according to the laws relating to arbitration in force in the State or part of the Commonwealth in which the arbitration takes place, and the provisions of those laws shall apply in relation to the arbitration as if it were an arbitration within the meaning of those laws.

Power to require production of documents and keeping of records.

6.—(1.) The Minister may by notice in writing direct any person who manufactures, produces, deals in or has control of any goods in respect of which an order has been issued in pursuance of regulation 4 of these Regulations to produce to any officer authorized for the purpose

 

by the Minister any books, papers, accounts or documents of any description specified in the notice and to permit the officer so authorized to take copies of or extracts from any such books, papers, accounts or documents, and the person to whom the notice is addressed shall comply with the directions contained in the notice accordingly.

(2.) If the Minister is satisfied that the records kept by any person who manufactures, produces, deals in or has control of any goods in respect of which an order has been issued in pursuance of regulation 4 of these Regulations are insufficient to enable a fair and reasonable price in respect of the supply and delivery of the goods to be determined, he may by notice in writing direct that person to keep such records as are specified in the notice, and that person shall keep such records accordingly.

Indemnity in respect of contracts.

7.—Where any person fails to fulfil any contract, whether made before or after the commencement of these Regulations, and that failure is due to compliance with the requirements of an order issued in pursuance of regulation 4 of these Regulations, proof of that fact shall be a good defence to any action or proceeding in respect of that failure.

 

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