STATUTORY RULES.
1942. No. 142.
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REGULATIONS UNDER THE NATIONAL
SECURITY ACT 1939-1940.*
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 1939-1940.
Dated this twenty third day of March, 1942.
(SGD.) GOWRIE.
Governor-General.
By
His Excellency’s Command,
for and on behalf of the Minister of
State for Defence Co-ordination.
National
Security (Timber Control) Regulations.
Citation.
1.These Regulations may be cited as
the National Security (Timber Control) Regulations.
Administration.
2.These Regulations shall be
administered by the Minister of State for Munitions.
Objects.
3.The
objects of these Regulations are to secure that, for all purposes arising out
of the war in which His Majesty is engaged, an adequate supply of timber is
maintained, and to that end to set up an authority to govern and direct the
production, treatment, handling, sale, supply, movement, distribution, storage,
marketing, and consumption of timber, and these Regulations shall be
administered accordingly.
Definitions.
4.In
these Regulations, unless the contrary intention appears—
“owner”
includes, in relation to timber, any person who is in possession of, or
entitled to possession of, timber or who has an interest in any timber or who
has a licence or a permit to take or obtain any timber in any form whatsoever
and includes any person in possession or occupation, or entitled to possession
or occupation, of any sawmill, kiln-drying plant, planing mill, timber yard or
timber or plywood factory;
*Notified
in the Commonwealth Gazette on , 1942.
1929.—Price 3d. 25/13.3.1942.
“the
Controller” means the Controller of Timber of the Department of Munitions;
“timber”
includes all wood whether in growing, dead, felled or fallen trees, or sawn,
treated or in any other form whatsoever, and any material, article, or
commodity of which timber forms a constituent part, but does not include
firewood, charcoal, or wood pulp.
Delegation
by Controller.
5.—(1.) The Controller may, by writing under his hand, delegate to any
person, all or any of his powers and functions and authorities under these
Regulations (except this power of delegation) in relation to any matters or
class of matters, or to any State, Territory or part of Australia, so that the
delegated powers, functions and authorities may be exercised by the delegate
with respect to the matters or class of matters, or the State, Territory or
part of Australia specified in the instrument of delegation.
(2.) Every
delegation by the Controller shall be revocable in writing at will, and no
delegation shall prevent the exercise of any power, function or authority by
the Controller.
Powers
of Controller.
6.The
Controller may control the production, treatment, handling, sale, supply,
movement, distribution, storage, marketing and use of timber and for that
purpose may take such measures, make such orders, give such directions and do
such things, as he thinks necessary or expedient, and in particular, but
without limiting the generality of the foregoing provisions of this regulation,
the Controller may make orders and give directions—
(a)
requiring any owner, user, distributor or transporter of timber to make such
returns and furnish such estimates to the Controller relating to his business
or to the stocks of timber in his possession or custody or under his control as
are specified in any such order or direction;
(b)
requiring any person to receive timber and to hold it at the disposition and
subject to the directions of the Controller;
(c)
directing any owner of timber or other person to produce, treat, handle,
convey, sell, deliver, supply, distribute, store or market timber in accordance
with the requirements of, or made under, any such order or direction;
(d)
prohibiting, limiting, or otherwise controlling the production, treatment,
handling, sale, supply, movement, distribution, storage, marketing and use of
the timber of any owner or any particular class, type, size, quantity or
quality of such timber either generally or in relation to a particular area.
Special
powers in relation to sale, supply and delivery.
7.—(1.) The
Controller may require any owner of timber to sell, supply or deliver to the
person named in the requirement, such quantity of timber, of such quality and
kind, at such stage of treatment or processing, and within such time, as is
specified in the requirement.
(2.) Upon
service on him of notice of a requirement under the last preceding
sub-regulation, the owner of timber affected by the requirement shall, subject
to such exceptions as are permitted by the Controller, take all practicable
measures to ensure that the sale, supply or delivery of the timber specified in
the requirement, and all preparatory or other measures necessary to enable that
sale, supply or delivery to be effected are given priority to any other sale,
supply, delivery or measures.
(3.) A
requirement under this regulation may provide that the obligation to comply
therewith, within the time specified, shall be conditional upon the happening
or continuance of events or circumstances specified in the requirement, and the
Controller may at any time extend the time for compliance with any requirement.
Order
to accept delivery of timber.
8.The Controller may require any user
of timber to accept delivery of timber of such quality and kind, and in such
quantities, as is specified in the requirement.
Prices
to be determined under National Security (Prices) Regulations.
9.A
person or authority to whom any goods or services are required to be supplied
in pursuance of these Regulations shall be liable to pay therefor to the
persons required to supply the goods or services such prices or rates in
respect of those goods or services as may be fixed by the Commonwealth Prices
Commissioner in pursuance of the National Security (Prices) Regulations or for
the purposes of these Regulations.
Access
to premises, books.
10.Any person authorized in writing by
the Controller to exercise the powers conferred by this regulation, shall, for
the purposes of these Regulations, at all times have full and free access to
all timber and to all buildings, places, books, documents and other papers in
connexion with any timber and for those purposes may make extracts from or
copies of any such books, documents and papers.
Compliance
with requirements and directions.
11.A
person shall not refuse or fail to comply with any requirement or direction
lawfully made on or given to him in pursuance of these Regulations, or of any
order or direction made or given thereunder.
Manner
of giving requirements and directions.
12.Any
requirement or direction which may be given in pursuance of these Regulations
or of any order or direction made thereunder may be made or given in writing
served either personally on the person to whom it is addressed or by posting
the same to him at his last-known place of abode or at any of his places of
business.
Repeal
of control of timber orders.
13.The Control of Timber Order, the
Control of Timber Order (No. 2) and the Control of Timber Order (No. 3), made
under regulation 59 of the National Security (General) Regulations, are
repealed.
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By Authority: L. F. Johnston, Commonwealth
Government Printer, Canberra.