Whaling Industry Act 1949 (Cth)
WHALING INDUSTRY.
An Act to provide for the Establishment of an Australian Whaling Commission and for the carrying on by the Commission of Whaling Activities in certain Waters, and of Activities incidental thereto.
[Assented to 12th July, 1949.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Part I.—Preliminary.
Part I.—Preliminary.
Part II.—The Australian Whaling Commission.
Division 1.—Establishment and Constitution of the Commission.
Division 2.—Functions and Powers of the Commission.
Division 3—Staff.
Division 4.—Finances of the Commission.
Division 5.—Reports.
Part III.—Miscellaneous.
“Australian waters” means—
(
a ) Australian waters beyond territorial limits, being the waters referred to in placitum (x.) of section fifty-one of the Constitution; and(
b ) the territorial waters of any Territory under the authority of the Commonwealth;“the Commission” means the Australian Whaling Commission constituted under this Act.
Part II.—The Australian Whaling Commission.
(2.) The Commission shall be a body corporate with perpetual succession and a common seal, and may acquire, hold and dispose of real and personal property and shall be capable of suing and being sued in its corporate name.
(3.) All courts, judges and persons acting judicially shall take judicial notice of the seal of the Commission affixed to any document and shall presume that it was duly affixed.
(4.) The performance or exercise of the functions, powers, rights, authorities, duties or obligations of the Commission shall not be affected by reason only of there being a vacancy in the office of a member of the Commission.
(2.) The members of the Commission shall be appointed by the Governor-General.
(3.) The Chairman of the Commission shall, subject to this Act, hold office—
(
a ) in the case of the first appointment—for a period of five years; and(
b ) in every other case—for a period specified by the Governor-General.
(4.) The members of the Commission, other than the Chairman, shall, subject to this Act, hold office during the pleasure of the Governor-General.
(5.) Where the period of appointment of the Chairman of the Commission has expired he shall be eligible for re-appointment.
(2.) A person so appointed shall, in the event of the absence from a meeting of the Commission of the member of whom he is the deputy, be entitled to attend that meeting and, when so attending, shall be deemed to be a member of the Commission.
(3.) Any act done by a deputy as such shall not, in any proceedings, be questioned on the ground that the occasion for the exercise of his powers or functions had not arisen or had ceased.
(4.) A reference in this Act to the Chairman or to the Deputy Chairman of the Commission shall not be construed as including a reference to the deputy of the Chairman or of the Deputy Chairman.
(2.) Where a member of the Commission was,
immediately prior to his appointment, an officer of the Public Service of the
Commonwealth, his service as a member of the Commission shall, for the purpose
of determining his existing and accruing rights, be taken into account as if it
was service in the Public Service of the Commonwealth, and the
(
a ) if he becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit;(
b ) if he resigns his office by writing under his hand addressed to the Governor-General and the resignation has been accepted;(
c ) if he is absent, except on leave granted by the Minister, from all meetings of the Commission held during three consecutive months; or(
d ) if he, in any way, otherwise than as a member, and in common with the other members, of an incorporated company consisting of not less than twenty-five persons—(i) becomes concerned or interested in any contract or agreement entered into by or on behalf of the Commission; or
(ii) participates or claims to participate in the profit of any such contract or agreement or in any benefit or emolument arising from such contract or agreement.
(2.) The Minister may at any time convene a meeting of the Commission.
(3.) The Chairman of the Commission shall preside at all meetings of the Commission at which he is present.
(4.) In the event of the absence of the Chairman of the Commission from any meeting of the Commission, the Deputy Chairman shall preside at that meeting.
(5.) In the event of the absence of both the Chairman and the Deputy Chairman from any meeting of the Commission, the members of the Commission present shall appoint one of their number to preside at that meeting.
(6.) At a meeting of the Commission, two members of the Commission shall constitute a quorum.
(7.) Any question arising at a meeting of the Commission shall be determined by a majority of the votes of the members present.
(8.) The member of the Commission presiding at any meeting of the Commission shall have a deliberative vote and, in the event of an equality of votes, shall also have a casting vote.
(2.) Every delegation under this section shall be revocable at will and no delegation shall prevent the exercise of any power by the Commission.
(
a ) to engage in whaling in Australian waters; and(
b ) as an aid to the economic and stable operation of its whaling activities in Australian waters, to employ, in whaling in the vicinity of any Australian waters, vessels not required for the time being for whaling in Australian waters.
(2.) Without limiting the generality of the last preceding subsection, the Commission shall have power—
(
a ) to maintain and operate chaser ships and shore bases;(
b ) to maintain and operate factory ships, and to establish, maintain and operate shore factories, for the treatment and processing of whales caught by the Commission and the production or manufacture of substances and things from such whales or from materials principally derived from such whales;(
c ) to sell or otherwise dispose of such whales, substances or things, and to undertake or arrange for the transport, by sea or otherwise, of any such whales, substances or things in connexion with their sale or other disposal;(
d ) to purchase, or to take on lease or charter, ships required for carrying on the business of the Commission;(
e ) to employ any ship owned by the Commission, at any time at which the use of the ship is not otherwise required by the Commission, in the carriage of goods—(i) between Australia and other countries or between States; or
(ii) to or from a Territory under the authority of the Commonwealth;
(
f ) to lease or charter any ship owned by the Commission, and to sub-lease or sub-charter any ship on lease or charter to the Commission, for periods during which the use of the ship is not required by the Commission;(
g ) to dispose of any ship owned by the Commission;(
h ) to purchase land, and to purchase or construct buildings or wharves, necessary for carrying on the business of the Commission, and to dispose of land, buildings or wharves owned by the Commission;(
i ) to take on lease any land, buildings or wharves necessary for carrying on the business of the Commission and to dispose of any such lease;(
j ) to purchase or take on hire plant, equipment, stocks or other goods necessary for carrying on the business of the Commission, and to dispose of any plant, equipment, stocks or other goods owned by the Commission;(
k ) to appoint agents for the purpose of the business of the Commission;(
l ) to train, or arrange for the training of, persons to fit them for employment by the Commission;(
m ) to provide transport, accommodation, provisions, medical treatment, hospital facilities and amenities for officers and employees of the Commission and their families; and(
n ) to do anything incidental to any of its powers.
(3.) The exercise of any power by the Commission shall be subject to the directions (if any) of the Minister.
(2.) Subject to the next succeeding sub-section, a person shall not be appointed as an officer of the Commission unless—
(
a ) he is a British subject;(
b ) the Chairman of the Commission is satisfied as to his health and physical fitness; and(
c ) he makes and subscribes an oath or affirmation of allegiance in accordance with the form in the Schedule to the Constitution.
(3.) The Commission may appoint, to such positions or to positions of such classes as are approved by the Minister, persons who do not comply with all the provisions of the last preceding sub-section.
(4.) Subject to the next succeeding sub-section, the terms and conditions of employment of officers appointed by the Commission shall be such as are, subject to the approval of the Public Service Board, determined by the Commission.
(5.) The rate of salary payable to an officer shall, if it exceeds the rate of One thousand five hundred pounds per annum, be subject to the approval of the Minister.
(6.) Where an officer appointed in pursuance of
this section was, immediately prior to his appointment, an officer of the
Public Service of the Commonwealth, his service as an officer of the Commission
shall, for the purpose of determining his existing and accruing rights, be
taken into account as if it were service in the Public Service of the
Commonwealth, and the
(2.) Any liability to pay compensation under that Act as applied by this section shall be borne by the Commission.
(3.) The
(2.) The Treasurer may, out of moneys appropriated by the Parliament for the purposes of this Act, make advances to the Commission of such amounts and upon such terms as he thinks fit.
(3.) Except with the consent of the Treasurer, the Commission shall not have power to borrow otherwise than in accordance with this section.
(
a ) shall be applied by the Commission in payment or discharge of—(i) the expenses, charges and other obligations incurred or undertaken by the Commission in the performance and exercise of its functions and powers under this Act; and
(ii) the remuneration and allowances of the members of the Commission; and
(
b ) may be invested on fixed deposit with the Commonwealth Bank of Australia or in securities of, or guaranteed by, the Government of the Commonwealth.
(2.) The Auditor-General shall report to the Minister the result of each inspection and audit.
(
a ) firstly, in payment of interest charged on moneys advanced to the Commission by the Treasurer;(
b ) secondly, in repayment of advances made by the Treasurer, in accordance with the terms upon which those advances were made; and(
c ) thirdly, in such manner as the Treasurer, after the receipt of a recommendation by the Minister, determines.
(2.) Before submitting the financial accounts to the Minister, the Commission shall submit them to the Auditor-General for the Commonwealth for report as to their correctness or otherwise.
(3.) The report and financial accounts of the Commission, together with the report of the Auditor-General as to those accounts, shall be laid before each House of the Parliament within fifteen sitting days of that House after their receipt by the Minister.
(4.) The Commission shall furnish to the Minister such other reports, and such documents and information, relating to the operations of the Commission as the Minister requires.
(5.) If the thirtieth day of June next succeeding the first appointment of members of the Commission occurs within six months after that appointment, the first report of the Commission under sub-section (1.) of this section shall be a report on the operations of the Commission for the period from the commencement of those operations to the thirtieth day of June next succeeding that first-mentioned thirtieth day of June, and the financial accounts to be furnished with the report shall be accounts in respect of that period.
Part III.—Miscellaneous.
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