STATUTORY RULES.
1940. No. 207.
REGULATION 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 Regulation under the National Security Act 1939-1940.
Dated this twenty-first day of September, 1940.
GOWRIE
Governor-General.
By His Excellency’s Command,
F. STEWART
for and on behalf of the Minister of State for Defence Co-ordination.
Amendment of the National Security (Liquid Fuel) Regulations.†
After regulation 46 of the National Security (Liquid Fuel) Regulations, the following regulation is added:—
Returns of motor spirit.
“47.—(1.) Every person (not being the holder of a motor spirit bulk supplier’s licence or a motor spirit retailer’s licence) upon whose premises there are stored (otherwise than in the tank of any vehicle) at twelve o’clock midnight on the thirtieth day of September, 1940, more than forty-four gallons of motor spirit shall, not later than twelve o’clock noon on the fifth day of October, 1940, or within such further time as the Minister allows, furnish to the Secretary, Department of Supply and Development, at the address specified in the next succeeding sub-regulation, a return setting forth—
(a) the quantity of motor spirit stored (otherwise than in the tank of any vehicle) upon his premises at twelve o’clock midnight on the thirtieth day of September, 1940;
(b) the name of the owner of that motor spirit;
(c) the type and size of containers in which that motor spirit was stored;
(d) the place at which that motor spirit was stored; and
(e) the occupation of the person furnishing the statutory declaration.
* Notified in the Commonwealth Gazette on 21st September 1940.
† Statutory Rules 1940, No. 129, as amended by Statutory Rules 1940, No. 161.
“(2.) The address at which the return referred to in the last preceding sub-regulation shall be furnished shall be in accordance with the following table:—
State or Territory in which motor spirit stored. | Address. |
Australian Capital Territory and New South Wales | Hosking House, Hosking-place, Sydney |
Victoria............................ | 83 William-street, Melbourne |
Queensland.......................... | 334 Queen-street, Brisbane |
South Australia....................... | Savings Bank Building, Adelaide |
Western Australia..................... | Commonwealth Bank Building, Perth |
Tasmania........................... | C/o Federal Taxation Office, Hobart |
“(3.) A person shall not make any statement in any return furnished in pursuance of this regulation which is false or misleading in any particular.”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1940, No. 207, enacted under the National Security Act 1939-1940, was introduced to address the need for comprehensive oversight of liquid fuel supplies during a period of national security concern. This regulation, issued by the Governor-General acting on advice from the Federal Executive Council, mandates that individuals not holding a motor spirit bulk supplier’s or retailer’s licence report any storage of more than forty-four gallons of motor spirit on their premises by a specific date. The aim of this regulation is to ensure accurate and timely reporting of motor spirit storage to the Secretary, Department of Supply and Development, in various Australian states and territories, thereby facilitating better control and management of liquid fuel resources.
Scope and Application
The Statutory Rules 1940, No. 207, made under the National Security Act 1939–1940, pertain specifically to the regulation of liquid fuel, particularly motor spirit, within Australia. This legislation mandates that any individual who is not a licensed holder of a motor spirit bulk supplier's licence or a motor spirit retailer's licence and who has more than forty-four gallons of motor spirit stored on their premises (excluding those stored in vehicle tanks) at midnight on 30 September 1940, must furnish a detailed return to the Secretary of the Department of Supply and Development. The return must include specific information such as the quantity of motor spirit, the owner's name, the type and size of containers used, the location of storage, and the occupation of the person making the declaration. The return must be submitted by noon on 5 October 1940 or within any additional time allowed by the Minister. This requirement is applicable across various states and territories, each with designated addresses for submitting the returns, and explicitly prohibits any false or misleading statements in the returns. The regulation extends the application of the National Security (Liquid Fuel) Regulations and does not specify exclusions or exemptions, thereby applying broadly across the relevant entities and individuals within the specified conditions.
Key Provisions
The regulation added under the National Security (Liquid Fuel) Regulations, specifically regulation 47, mandates that any person who is not a holder of a motor spirit bulk supplier’s licence or a motor spirit retailer’s licence and has more than forty-four gallons of motor spirit stored on their premises, excluding those stored in a vehicle's tank, must submit a return to the Secretary, Department of Supply and Development. This return must be provided no later than twelve o'clock noon on the fifth day of October, 1940, or within any additional time allowed by the Minister. The return must include the quantity of motor spirit stored, the name of the owner, the type and size of the containers used, the storage location, and the occupation of the person submitting the declaration. It is crucial that the information provided in the return is accurate, with any false or misleading statements being strictly prohibited.
This regulation imposes specific obligations on individuals who meet the criteria outlined in regulation 47. Primarily, these individuals are required to ensure they have more than forty-four gallons of motor spirit stored on their premises, excluding any stored in vehicle tanks, as of midnight on the thirtieth of September, 1940. They must then prepare and submit a detailed return to the designated address within the specified timeframe. The return must include precise details about the stored motor spirit, its owner, the storage containers, and the location, along with the declarant's occupation. Additionally, the information provided must be truthful and not misleading under any circumstances.
Failure to comply with the requirements of this regulation can lead to significant consequences. According to regulation 47(3), making any false or misleading statement in the return is prohibited. Breaches of this regulation could result in civil or criminal penalties, although the specific penalties are not detailed in the provided text. Given the context and the serious nature of the regulation, it is likely that penalties could include fines, imprisonment, or both, reflecting the gravity of providing false information in matters related to national security and fuel storage during wartime.