National Security (Gas Cylinders) Regulations

Legislation au C1942L00356 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1942. No. 356.

––––––

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 fourteenth day of August, 1942.

 

Governor-General.

By His Excellency’s Command,

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

 

National Security (Gas Cylinders) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Gas Cylinders) Regulations.

Administration.

2. These Regulations shall be administered by the Minister of State for Munitions.

Object.

3. The object of these Regulations is to secure, as far as possible, an adequate supply of gas cylinders for the defence of the Commonwealth and the efficient prosecution of the war.

Definitions.

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

“gas cylinder” means a container designed for, or usually used or capable of being used for, the transport or storage of gas, but does not include any such container which is a permanent part of any machinery or apparatus or built into any structure;

“the Minister” means the Minister of State for Munitions and includes any person authorized in writing by him to act on his behalf for the purposes of these Regulations.

Declared gas cylinders.

5. These Regulations shall apply to gas cylinders specified by the Minister by notice published in the Gazette, and to gas cylinders included in any class of gas cylinders so specified.

 

* Notified in the Commonwealth Gazette on      , 1942.

5065.—Price 3d        25/3.8.1942.


Receiving Officers.

6. The Minister may appoint such persons as he thinks necessary to be Receiving Officers for the purpose of these Regulations.

Return of declared gas cylinders to be furnished.

7. Every person who, as owner or otherwise, has in his possession or under his control any gas cylinder, whether on his own behalf or that of any other person, at the date of publication of any notice under regulation 5 of these Regulations applying to that gas cylinder, shall, within fourteen days after that date and thereafter when required by a Receiving Officer so to do, furnish to the Receiving Officer a return in accordance with a form approved by the Minister containing full particulars, as specified in the form, of the gas cylinder.

Gas cylinders received after date of declaration.

8. A person who, at any time after the date of publication of a notice under regulation 5 of these Regulations, receives into his possession or under his control, otherwise than as owner, any gas cylinder to which the notice applies shall, within fourteen days after he receives the gas cylinder into possession or under his control, return the gas cylinder to the owner thereof, or furnish to a Receiving Officer a return containing full particulars of the gas cylinder, including the name and address of the owner thereof.

Certain declared gas cylinders to be delivered.

9.—(1.) A Receiving Officer may, by notice in writing, require the Owner or any other person having in his possession or under his control any gas cylinder specified in the notice, to deliver it to such person or place and within such time as are so specified.

(2.) Any gas cylinder may be retained by the person to whom it is so delivered and may be used for any purpose connected with the defence of the Commonwealth or the efficient prosecution of the war.

Power to enter and inspect.

10.—(1.) A Receiving Officer or any other person authorized by a Receiving Officer for the purposes of this regulation may enter upon and inspect any premises upon which he has reasonable grounds for believing that there is any gas cylinder and may require the person having the gas cylinder in his possession or the occupier of those premises to give any information in relation to the gas cylinder.

(2.) A Receiving Officer or any person so authorized may seize any gas cylinder which has not been delivered in accordance with any notice under regulation 9 of these Regulations and may deliver it or cause it to be delivered in accordance with the notice.

Compliance with requirements, &c.

11. A person shall not—

(a) refuse or fail to comply with any requirement under these Regulations; or

(b) make any false statement in any return or information furnished under these Regulations.

 

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

Overview

The National Security (Gas Cylinders) Regulations, enacted in 1942, were formulated under the National Security Act 1939-1940 to ensure the adequate supply of gas cylinders for the defence of the Commonwealth and to efficiently prosecute the war. These regulations were introduced by the Governor-General in Council and were made under the authority of the Minister of State for Munitions. The primary policy objective behind these regulations was to manage and control the distribution and usage of gas cylinders to support national security efforts during wartime, ensuring that these critical resources were available for essential defence operations. The regulations established a framework for the administration, identification, and management of gas cylinders, including the appointment of Receiving Officers to oversee compliance and the collection of detailed information on gas cylinders from their owners.

Scope and Application

The National Security (Gas Cylinders) Regulations, made under the National Security Act 1939-1940, apply specifically to gas cylinders defined as containers designed for, or usually used for, the transport or storage of gas, excluding those permanently integrated into machinery or structures. The Minister of State for Munitions, or authorized representatives, administers these Regulations with the primary objective of securing an adequate supply of gas cylinders for national defence and war efforts. The Regulations extend to any gas cylinders specified by the Minister through a notice in the Gazette. Persons in possession of declared gas cylinders are mandated to report these to Receiving Officers within fourteen days of the notice publication and upon request. Individuals acquiring such cylinders post-declaration must also report them or return them to the rightful owner. The Regulations empower Receiving Officers to demand the delivery of specified gas cylinders to designated places within stipulated timeframes, with the cylinders potentially being used for national defence or war-related purposes. Additionally, Receiving Officers have the authority to inspect premises and seize non-compliant cylinders, ensuring adherence to the stipulated requirements. Failure to comply with the Regulations or providing false information is prohibited.

Key Provisions

The National Security (Gas Cylinders) Regulations (C1942L00356) establish the framework for managing gas cylinders during a period of national security concern. The primary operative sections include the administration of these regulations by the Minister of State for Munitions (section 2), the definition of "gas cylinder" as a container designed for the transport or storage of gas, excluding those permanently fixed in machinery or structures (section 4), and the specification of gas cylinders to which the regulations apply (section 5). These regulations require individuals and entities in possession of specified gas cylinders to return full particulars of these cylinders to a Receiving Officer appointed by the Minister (section 7). Additionally, the regulations mandate that any person who receives a specified gas cylinder after its declaration must either return it to the owner or provide a return with the owner's details to a Receiving Officer (section 8). The obligations imposed by these regulations are stringent and focused on ensuring the efficient allocation of gas cylinders for national defence purposes. Owners or those in control of gas cylinders must furnish detailed returns to Receiving Officers within specified timeframes. Receiving Officers are authorized to inspect premises, seize undelivered gas cylinders, and require their delivery as per notices issued under the regulations (section 10). Any person who fails to comply with these requirements or provides false information is in breach of the regulations (section 11). Violations of these regulations are subject to civil and criminal consequences. Individuals who refuse or fail to comply with any requirement or who make false statements in their returns or information provided under these regulations may face penalties. While the specific penalties are not detailed in the provided text, such breaches generally could result in fines, imprisonment, or both, depending on the severity and intent of the offence. The enforcement of these regulations underscores the critical nature of gas cylinders in the context of national security and the importance of strict compliance to ensure the efficient prosecution of the war.

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National Security Law
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Definitions & Interpretation
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