National Security (Gas Producer) Regulations

Legislation au C1941L00115 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1941. No. 115.

––––––

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 eighth day of May, 1941.

Governor-General.

By His Excellency’s Command,

for Minister of State for Defence Co-ordination.

 

National Security (Gas Producer) Regulations.

Citation.

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

Repeal.

2. The National Security (Gas Producer) Regulations (being Statutory Rules 1940, No. 288) are repealed.

Administration.

3. These Regulations shall be administered by the Minister of State for Supply and Development.

Definitions.

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

“approving authority” means a person appointed by the Secretary to be an approving authority for the purposes of these Regulations;

“certificate of approval” means a certificate of approval granted under these Regulations;

“equipment” means equipment constructed for use in a vehicle or which can be adapted to such use;

“producer gas” means gas which is produced by the incomplete combustion of solid fuel and whose active constituent is chiefly carbon monoxide, but does not include gas produced at a fixed station and distributed through mains for consumption at a distance from the place of production;

“producer gas equipment” means equipment for the generation of producer gas;

 

* Notified in the Commonwealth Gazette on      , 1941.

2962.—18/22.5.1941.—Price 3d.


“testing authority” means a person appointed by the Secretary to be a testing authority for the purposes of these Regulations;

“the Secretary” means the Secretary, Department of Supply and Development.

Manufacture or sale, &c., of producer gas equipment of other than approved type prohibited.

5. On and after the second day of June, 1941, a person shall not manufacture for sale, or expose or offer for sale, or sell, deal in or otherwise dispose of, any producer gas equipment or part thereof unless the equipment or part—

(a) is, or is similar in all respects to, equipment or a part thereof (as the case may be) in respect of which a certificate of approval has been granted and was in force at the time of the manufacture of the equipment or part; and

(b) has been manufactured in accordance with the conditions contained in the certificate of approval.

Testing authorities.

6. The Secretary may appoint any person to be a testing authority for the purposes of these Regulations.

Approving authorities.

7. The Secretary may appoint any person to be an approving authority for the purposes of these Regulations.

Applications for certificates of approval.

8.—(1.) Every person desiring to obtain a certificate of approval for any producer gas equipment or any part thereof shall make application to the Secretary or to an approving authority in such form as the Secretary approves.

(2.) The application shall be accompanied by such plans, drawings, specifications, operating instructions and other information as the Secretary requires.

(3.) If an approving authority so authorizes, the equipment or part thereof may, upon payment by the applicant to the person specified by the Secretary of such charge for testing as the Minister, by order, fixes, be submitted in such manner as the Secretary directs to a testing authority for testing.

(4.) Upon receipt from a testing authority of a certificate that any producer gas equipment or part thereof complies with such specifications and has passed such tests as are specified by the Secretary, the Secretary or an approving authority may—

(a) grant to the applicant a certificate of approval in such form as the Secretary approves in respect of that equipment or part for such period and subject to such conditions as the Secretary or the approving authority thinks fit; or

(b) refuse to grant a certificate of approval.

(5.) The holder of a certificate of approval shall not fail to comply with any condition subject to which the certificate of approval is granted.

(6.) The Secretary or any approving authority may at any time revoke or vary any certificate of approval.


Sale of plans, &c.

9. A person shall not sell or expose or offer for sale any plan, drawing, specification or instruction for the manufacture of producer gas equipment or part thereof unless the plan, drawing, specification or instruction has been approved in writing by the Secretary or by an approving authority.

False information in applications.

10. A person shall not knowingly give any false information in an application for a certificate of approval.

Manufacture for experimental purposes not affected.

11. These Regulations shall not apply to a person bona fide manufacturing producer gas equipment or any part thereof for experimental purposes or for his own use and not for sale or disposal.

 

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

Overview

The National Security (Gas Producer) Regulations 1941 were enacted to address the urgent need to control the manufacture and sale of producer gas equipment during wartime, ensuring that such equipment met specific safety and operational standards. These Regulations were made under the National Security Act 1939-1940 by the Governor-General in Council, with the intent to support national security efforts during a period of heightened conflict. The Regulations are administered by the Minister of State for Supply and Development, with the overarching policy objective of maintaining the integrity and safety of producer gas equipment within the country. The enactment of these Regulations aimed to prevent the unauthorised manufacture, sale, and distribution of producer gas equipment, thereby controlling the production of a critical resource during wartime.

Scope and Application

The National Security (Gas Producer) Regulations, made under the National Security Act 1939-1940, apply to the manufacture, sale, and disposal of producer gas equipment and parts thereof. These regulations are administered by the Minister of State for Supply and Development and are effective throughout the Commonwealth of Australia. The regulations prohibit the manufacture, sale, or disposal of producer gas equipment that has not been approved by the Secretary or an approving authority, as specified in the regulations. Approved equipment must meet the conditions outlined in a certificate of approval, which can be granted by the Secretary or an approving authority after the equipment has passed the requisite tests conducted by a testing authority. The regulations also require that any plans, drawings, specifications, or instructions for the manufacture of producer gas equipment must be approved by the Secretary or an approving authority before they can be sold or offered for sale. Additionally, the regulations prohibit the sale of any plans, drawings, specifications, or instructions that have not been approved in writing by the Secretary or an approving authority. The regulations do not apply to the manufacture of producer gas equipment for experimental purposes or for personal use, provided the equipment is not for sale or disposal. The regulations provide for the revocation or variation of any certificate of approval by the Secretary or an approving authority and require the holder of such a certificate to comply with any conditions attached to it.

Key Provisions

The National Security (Gas Producer) Regulations (1941) primarily focus on the control and approval of producer gas equipment to ensure national security during wartime. Section 5 stipulates that from 2 June 1941, any manufacture, sale, dealing, or disposal of producer gas equipment or parts thereof must only be of types approved by the Secretary or an approving authority. This includes ensuring that the equipment is either identical to or similar to an approved type and is produced under the conditions set forth in the approval certificate. Section 6 and Section 7 allow the Secretary to appoint individuals as testing and approving authorities, respectively, to facilitate the regulation process. These Regulations impose specific obligations on manufacturers, sellers, and individuals dealing in producer gas equipment. They must ensure that any equipment manufactured or offered for sale complies with the approval requirements, as outlined in Section 5. Additionally, applicants for a certificate of approval must submit detailed plans and specifications as required by Section 8(2). The Regulations also require adherence to conditions specified in approval certificates and prohibit the sale of unapproved plans or specifications, as detailed in Section 9. Furthermore, any person making an application for approval must provide truthful information, as per Section 10, and must not disseminate unapproved plans, drawings, specifications, or instructions for producer gas equipment, as per Section 9. Violations of these Regulations can lead to significant penalties and consequences. Section 10, for instance, makes it an offence to knowingly provide false information in an application for a certificate of approval, potentially resulting in criminal charges. Similarly, unauthorised sale or distribution of producer gas equipment or related plans and specifications, as prohibited in Sections 5 and 9, could result in severe penalties, including fines and imprisonment. The Secretary or an approving authority also holds the power to revoke or vary any certificate of approval at any time, which could have further repercussions for non-compliance. The specific penalties for breaches are not explicitly detailed in the Regulations, but they would likely align with the broader legal framework under which the National Security Act operates.

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