National Security (Liquid Fuel) Regulations (Amendment)

Legislation au C1941L00186 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1941. No. 186.

 

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 first day of August, 1941.

Governor-General.

By His Excellency’s Command,

for and on behalf of the Minister of State for Defence Co-ordination.

 

Amendment of the National Security (Liquid Fuel) Regulations.†

Definitions.

1. Regulation 4 of the National Security (Liquid Fuel) Regulations is amended by inserting, after the definition of “the Controller”, the following definition:—

“‘the Deputy Controller’ means the Deputy Controller of Liquid Fuel appointed under these Regulations;”.

Controller and Deputy Controller of Liquid Fuel.

2. Regulation 10 of the National Security (Liquid Fuel) Regulations is amended—

(a) by omitting from sub-regulation (1.) the word “who” and inserting in its stead the words “and a Deputy Controller of Liquid Fuel each of whom”; and

(b) by adding at the end of sub-regulation (2.) the words “, or during his absence through illness or other cause, in the Deputy Controller.”.

* Notified in the Commonwealth Gazette on  , 1941.

† Statutory Rules 1940, No. 293, as amended by Statutory Rules 1941, Nos. 118 and 147.

4746.—10/28.7.1941—Price 3d.


3.—(1.) Regulation 13 of the National Security (Liquid Fuel) Regulations is repealed and the following regulation inserted in its stead:—

“Liquid Fuel Control Board and District Authorities.

13.—(1.) For the purposes of these Regulations, the Minister may—

(a) appoint a Liquid Fuel Control Board in each State, consisting of not less than three members, of whom such number (not being less than two) as the Minister determines shall be nominated by the Government of the State in respect of which they are to be appointed; and

(b) appoint any person to be the Liquid Fuel Control Authority for the Australian Capital Territory and another person to act in an advisory and consultative capacity in relation to that Authority.

“(2.) The Liquid Fuel Control Board in any State may appoint a District Authority in respect of any part of that State.

“(3.) A Liquid Fuel Control Board and the Liquid Fuel Control Authority for the Australian Capital Territory, and a District Authority shall, in addition to any powers and functions prescribed by these Regulations, have such other powers and functions as the Minister determines.

“(4.) Any person appointed under this regulation may be paid fees and allowances at such rates as the Minister determines.”.

(2.) Every Board and Authority appointed under the regulation repealed by the last preceding sub-regulation, and existing or holding office at the commencement of this regulation, shall continue in existence or in office as if constituted or appointed under the regulation inserted by the last preceding sub-regulation.

Authentication of licences, notices, &c.

4. Regulation 14 of the National Security (Liquid Fuel) Regulations is amended by inserting, after the word “Controller” , the words “, the Deputy Controller”.

5.—(1.) Regulation 15 of the National Security (Liquid Fuel) Regulations is repealed and the following regulation inserted in its stead:—

“Control of liquid fuel, and containers thereof, by the Board.

15. Notwithstanding anything contained in these Regulations (other than sub-regulation (6.) of regulation 9 thereof), the Board shall have absolute control of the sale, disposition, possession, custody, use and movement of liquid fuel and any drums or other containers used, or suitable for use, in connexion with the sale, disposition, possession, custody, use or movement of liquid fuel and may, if it appears to the Board to be necessary so to do in the interests of the defence of the Commonwealth or the efficient prosecution of the war, by order, make provision for regulating, restricting or prohibiting the sale, disposition, possession, custody, use or movement of liquid fuel or of any such drums or other containers, or requiring information to be furnished in relation to any liquid fuel or any such drums or other containers:

Provided that nothing in this regulation shall empower the Board to fix the price of any liquid fuel or of any drum or other container.”.

(2.) All orders made under the regulation repealed by the last preceding sub-regulation and all orders continued in force by the National Security (Liquid Fuel) Regulations which, but for this


sub-regulation, would be affected by that repeal and which were in force immediately prior to the commencement of this sub-regulation, shall continue in force as if made under the regulation inserted by the last preceding sub-regulation.

Proof of certificates and signatures in Court proceedings.

6. Regulation 53 of the National Security (Liquid Fuel) Regulations is amended—

(a) by inserting in sub-regulation (1.), after the words “Controller of Liquid Fuel”, the words “or of the Deputy Controller of Liquid Fuel”;

(b) by inserting in sub-regulation (2.), after the words “Controller of Liquid Fuel,”, the words “Deputy Controller of Liquid Fuel,”; and

(c) by inserting in sub-regulation (3.), after the words “Controller of Liquid Fuel,” (wherever occurring), the words “the Deputy Controller of Liquid Fuel,”.

Proof of resolutions of Board.

7. Regulation 53a of the National Security (Liquid Fuel) Regulations is amended by inserting, after the word “Controller”, the words “, the Deputy Controller”.

Evidence regarding ration tickets.

8. Regulation 53b of the National Security (Liquid Fuel) Regulations is amended by inserting, after the word “Controller”, the words “, the Deputy Controller”.

 

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

Overview

The Statutory Rules of 1941, No. 186, under the National Security Act 1939-1940, were introduced to address the need for more efficient management and regulation of liquid fuel resources in the context of national security during World War II. Enacted by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, these regulations sought to streamline the administration and control over liquid fuel distribution. This was achieved by amending existing regulations to appoint a Deputy Controller of Liquid Fuel, creating a Liquid Fuel Control Board in each state, and empowering these boards with extensive control over the sale, disposition, possession, custody, use, and movement of liquid fuel. The policy objective was to ensure that liquid fuel was available where most needed for the war effort, thereby supporting the national security agenda. The regulations were designed to provide the Minister with the flexibility to appoint boards and authorities as necessary, ensuring that liquid fuel was managed efficiently and effectively across the country. By continuing the existing boards and authorities under the new regulations, the continuity of management was preserved, while also updating the framework to better align with the evolving demands of the war. These measures aimed to reinforce the national security objectives by ensuring that liquid fuel, a critical resource during wartime, was allocated and controlled in a manner that best served the interests of defence and the prosecution of the war.

Scope and Application

The Regulations under the National Security Act 1939-1940 apply to the management and control of liquid fuel within Australia, encompassing both Commonwealth and state jurisdictions. These regulations specifically pertain to the appointment of the Liquid Fuel Control Board in each state, the Liquid Fuel Control Authority for the Australian Capital Territory, and District Authorities within states, all tasked with overseeing the sale, disposition, possession, custody, use, and movement of liquid fuel. The Liquid Fuel Control Board and District Authorities, appointed by the Minister, are given comprehensive powers to regulate and control liquid fuel and related containers in the interests of national defence and the efficient prosecution of war. Additionally, the regulations extend to the authentication of licences and notices, as well as the proof of certificates, signatures, and resolutions in court proceedings, involving both the Controller and Deputy Controller of Liquid Fuel. Any orders previously made under repealed regulations continue in force, provided they align with the new provisions. These regulations do not include the power to fix prices of liquid fuel or containers.

Key Provisions

The key provisions of the Statutory Rules 1941 No. 186, which amend the National Security (Liquid Fuel) Regulations, include the introduction of the Deputy Controller of Liquid Fuel (Regulation 1) and the establishment of Liquid Fuel Control Boards and District Authorities (Regulation 13). Regulation 1 amends the definition section to include the Deputy Controller of Liquid Fuel, while Regulation 13 allows the Minister to appoint Liquid Fuel Control Boards in each State and District Authorities within those States, as well as a Liquid Fuel Control Authority for the Australian Capital Territory. These Boards and Authorities are granted extensive powers over the control, sale, disposition, possession, custody, use, and movement of liquid fuel and related containers (Regulation 15). Moreover, Regulation 13 provides for the continuation of existing Boards and Authorities in office, ensuring continuity in the administration of liquid fuel control. The Regulations impose several obligations on the parties and entities they govern. Firstly, the Deputy Controller, appointed under Regulation 1, shares responsibilities with the Controller in managing liquid fuel resources. This includes ensuring compliance with the Regulations and making necessary orders for the efficient prosecution of the war. Secondly, the Liquid Fuel Control Boards and District Authorities, established under Regulation 13, are tasked with the absolute control over liquid fuel and related containers. This includes the power to regulate, restrict, or prohibit the sale, disposition, possession, custody, use, or movement of liquid fuel and containers, as well as requiring information related to these activities. Thirdly, the Boards and Authorities must authenticate licences and notices as per Regulation 4, and ensure that certificates and signatures are admissible in court proceedings under Regulation 53. Breach of the Regulations can lead to various consequences. Under Regulation 15, the Boards and Authorities have the power to make orders to regulate or prohibit activities involving liquid fuel and containers in the interests of national defence and the efficient prosecution of the war. Non-compliance with these orders may result in civil or criminal penalties, although the specific penalties are not detailed in the Regulations. Additionally, Regulation 53a and 53b ensure that resolutions of the Board and evidence regarding ration tickets are admissible in court, providing a legal framework for enforcing compliance. It is important to note that while the Regulations do not specify maximum penalties for breach, contraventions may lead to legal action under the broader National Security Act 1939-1940, which could include fines and imprisonment.

Legal classification tags

Area of Law
National Security Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Licensing & Registration
Control of liquid fuel

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.