National Security (Liquid Fuel) Regulations (Amendment)

Overview

The Statutory Rules 1940 No. 161, made under the National Security Act 1939-1940, aim to address the need for more effective control and management of liquid fuel resources during wartime. Enacted by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, these regulations reflect the urgent policy objective of ensuring the efficient allocation and distribution of liquid fuel in support of national security efforts. The regulations amend and add to the National Security (Liquid Fuel) Regulations, focusing on restructuring the Commonwealth Liquid Fuel Control Board to better represent various stakeholders, adjusting the Chairman and Deputy Chairman roles, and setting out provisions for salaries, allowances, and compliance with regulatory forms.

Scope and Application

The Statutory Rules 1940, No. 161, made under the National Security Act 1939-1940, amends the National Security (Liquid Fuel) Regulations to modify the composition and functions of the Commonwealth Liquid Fuel Control Board. These regulations apply to the Board and its members, including the Controller of Liquid Fuel, the Executive Officer of the Commonwealth Oil Board, and other members appointed by the Minister, who are tasked with representing various stakeholders such as rural consumers, heavy vehicle users, other consumers, the motor trade, and retailers of liquid fuel. The amended regulations extend throughout the Commonwealth of Australia, ensuring a coordinated approach to liquid fuel control in line with national security objectives during a period of heightened concern. The regulations also allow for flexibility in the application of compliance with prescribed forms, allowing for substantial compliance rather than strict adherence, which may ease administrative burdens while maintaining the integrity of the regulatory framework. These regulations do not specify exclusions, exemptions, or thresholds, and their scope is confined to the provisions explicitly detailed within the statutory rules and the schedule to the regulations.

Key Provisions

The key operative sections of these Regulations (No. 161) under the National Security Act 1939-1940 amend and insert various provisions into the National Security (Liquid Fuel) Regulations. Regulation 5 is amended to redefine the composition of the Commonwealth Liquid Fuel Control Board, now requiring it to consist of the Controller of Liquid Fuel, the Executive Officer of the Commonwealth Oil Board, and five other members appointed by the Minister, each representing different stakeholders in the liquid fuel industry (Regulation 5(2)). Regulation 6 is repealed and replaced with a new regulation stipulating that the Controller of Liquid Fuel is to be the Chairman of the Board, and the Minister may appoint a Deputy Chairman (Regulation 6(1) and (2)). Regulation 8 is amended to increase the quorum of the Board from three to four members and to remove provisions regarding the appointment of a substitute in the absence of a member (Regulation 8(2)). Regulation 9 is amended by omitting certain provisions, and a new Regulation 9a is inserted to allow for salaries and allowances to be paid to the Controller, Deputy Chairman, and members of the Board as approved by the Minister (Regulation 9a(1) and (2)). Lastly, a new Regulation 46 is added to state that while strict compliance with the forms in the Schedule to these Regulations is not required, substantial compliance is sufficient (Regulation 46). The Regulations impose several obligations and requirements on the parties they govern. Firstly, the Board must now comprise the Controller of Liquid Fuel, the Executive Officer of the Commonwealth Oil Board, and five other appointed members, ensuring representation from various liquid fuel industry stakeholders (Regulation 5(2)). The Controller of Liquid Fuel is mandated to be the Chairman of the Board, with the Minister having the authority to appoint a Deputy Chairman (Regulation 6(1) and (2)). The quorum requirement for Board meetings is increased from three to four members (Regulation 8(2)). Furthermore, the Minister has the discretion to approve salaries and allowances for the Controller, Deputy Chairman, and Board members (Regulation 9a(1) and (2)). Lastly, while adherence to the forms in the Schedule to these Regulations does not need to be strict, substantial compliance is required (Regulation 46). For breaches of the Regulations, the Act itself or any other related legislation may stipulate offences, penalties, or consequences. However, these Regulations do not explicitly detail specific penalties or consequences for non-compliance with the amendments they introduce. The penalties for breaches would typically be found in the National Security Act 1939-1940 or other relevant legislation, which might include fines, imprisonment, or other administrative actions depending on the severity and nature of the breach.