National Security (Rail Transport) Regulations

Legislation au C1941L00279 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1941. No. 279.

—––––––

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 third day of December, 1941.

Governor-General.

By His Excellency’s Command,

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

––––––

National Security (Rail Transport) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Rail Transport) Regulations.

Administration

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

Definitions.

3. In these Regulations, unless the contrary appears—

“the Chief Railway Executive Officer” means—

(a) in relation to the State of New South Wales, the Commissioner for Railways;

(b) in relation to the State of Victoria, the Chairman, Victorian Railway Commissioners;

(d) in relation to the State of South Australia, the Railways Commissioner;

(e) in relation to the State of Western Australia, the Commissioner for Railways; and

(f) in relation to the State of Tasmania, the Transport Commissioner;

“the Committee” means the War Railway Committee constituted under these Regulations;

“the Minister” means the Minister of State for Transport.

* Notified in the Commonwealth Gazette on , 1941.

5964.—18/10.10.1941.—Price 3d.

Objects.

4. The objects of these Regulations are to establish Commonwealth control of all rail transport with a view to the more effectual use thereof in connexion with any war in which His Majesty is or may be engaged and to require that rail facilities, equipment and rolling stock shall be subject to direction, requisition and control in the interests of the public security and the prosecution of any such war, and these Regulations shall be administered and construed accordingly.

Normal rail transport to continue subject to regulations.

5. The administration and operation of rail transport shall, subject to these Regulations, and any order or direction thereunder, be continued as if these Regulations had not been made.

Powers of Minister.

6. In addition to the powers specifically conferred on him by these Regulations the Minister shall have all powers and authorities conducive or incidental to the objects of these Regulations.

Powers of Minister to make orders and give directions.

7.—(1.) The Minister is, by force of this regulation, empowered to control rail transport and for that purpose may, by order or by particular direction, make provision as to any matters relating to rail transport, and, in particular, without limiting the generality of the foregoing, with respect to—

(a) the operation of rail transport services;

(b) the order of priority to be accorded to the carriage of persons or classes of persons;

(d) the places at which consignees of goods are to take delivery thereof;

(e) the times for the receipt of goods for, or the delivery of goods after, carriage by railway;

(f) the times for the loading of goods for, or the unloading of goods after, carriage by railway;

(g) the carriage of any goods in preference to any other goods;

(h) the carriage of goods in accordance with the fixed order of preference;

(i) the carriage of goods to any place in preference to any other place;

(j) authorizing a railway authority to refuse to receive or carry any goods;

(k) the terms and conditions of contracts for the carriage of passengers and goods; and

(l) any matter incidental to any of the matters referred to in the preceding paragraphs of this sub-regulation.

(2.) Notice of any direction under this regulation may be served upon any person affected thereby and thereupon that person shall comply with the direction.

(3.) Any such notice may be served by delivering the notice to the person affected thereby personally or to any person in his employ or by sending the notice by post addressed to that person at his last or usual place of business or abode.

War Railway Committee.

8.—(1.) For the purposes of these Regulations there shall be a Committee which shall be known as the War Railway Committee.

(2.) The Committee shall consist of—

(a) the Commonwealth Railways Commissioner;

(b) the Chief Railway Executive Officer of each State;

(d) a member nominated by the Minister of State for the Army; and

(e) such other member (if any) as the Minister thinks fit to appoint.

(3.) The Minister shall appoint the Chief Railway Executive Officer of one of the States to be the Chairman of the Committee.

(4.) If the Chairman is absent from any meeting of the Committee the members present shall appoint one of their number to preside at that meeting.

(5.) If any member of the Committee is unable to attend a meeting of the Committee he may appoint a person to act as his deputy at that meeting.

(6.) The functions of the Committee shall be to advise and assist the Minister in the administration of these Regulations.

(7.) Meetings of the Committee—

(a) shall be held at such times and places as the Chairman of the Committee directs; and

(b) shall be convened by the War Railway Committee Executive Officer.

War Railway Committee Executive Officer.

9.—(1.) There shall be a War Railway Committee Executive Officer.

(2.) The Director of Land Transport shall be the War Railway Committee Executive Officer.

Power to Committee to give directions to Minister’s delegates.

10.—(1.) The Committee may, subject to any directions of the Minister, give directions to any person to whom the Minister has delegated his powers and functions under these Regulations and any person to whom any such directions are given shall exercise his delegated powers and functions in accordance therewith.

(2.) Any directions of the Committee under this regulation shall be communicated to the person concerned by the War Railway Committee Executive Officer.

(3.) No exercise of any power or function by a person to whom the Minister has delegated his powers and functions under these Regulations shall be questioned or held to be invalid on the ground that it has been exercised otherwise than in accordance with directions given under this regulation.

Carriage of ammunition, &c., for defence purposes.

11. Nothing in the law of any State relating to the handling, storage or conveyance of ammunition, explosives, inflammable substances or dangerous goods shall apply in relation to the handling, storage or conveyance of ammunition, explosives, inflammable substances or dangerous goods on behalf of the Commonwealth for purposes of defence.

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

Overview

The National Security (Rail Transport) Regulations 1941 were enacted under the authority of the National Security Act 1939-1940, aiming to establish Commonwealth control over all rail transport in the context of any war in which His Majesty was or might be engaged. The enactment of these Regulations was necessary to ensure that rail facilities, equipment, and rolling stock could be directed, requisitioned, and controlled in the interests of public security and the prosecution of war. These Regulations were made by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council. The policy objective was to effectively manage and utilise rail transport for national security purposes, providing the Minister of State for Transport with comprehensive powers to oversee and regulate rail transport activities. These Regulations granted the Minister of State for Transport extensive authority over rail transport, allowing him to issue orders and directions regarding various aspects of rail operations, such as the prioritisation of passenger and goods transport, loading and delivery times, and the terms and conditions of carriage contracts. Additionally, a War Railway Committee was established to advise and assist the Minister in administering these Regulations. This committee included representatives from Commonwealth and State railways, as well as military officials, ensuring coordinated oversight and management of rail transport for national security purposes.

Scope and Application

The National Security (Rail Transport) Regulations, made under the National Security Act 1939-1940, pertain to the control and management of rail transport within the Commonwealth of Australia. These regulations apply to all rail transport entities, including Commonwealth Railways and the various State railway authorities, as identified in the definitions section. The geographic scope of these regulations is national, encompassing all states within Australia, including New South Wales, Victoria, Queensland, South Australia, Western Australia, and Tasmania. The primary objective of these regulations is to establish Commonwealth oversight of rail transport to ensure its effective use in the context of any war involving His Majesty, with a focus on directing, requisitioning, and controlling rail facilities, equipment, and rolling stock to serve public security and war efforts. The Minister of State for Transport is responsible for administering these regulations, and has broad powers to make orders and give directions concerning rail transport operations, including prioritising the carriage of persons or goods, setting terms and conditions for contracts, and controlling the handling of goods. Additionally, the regulations establish the War Railway Committee to advise the Minister, with the Director of Land Transport serving as the Committee's executive officer. Notably, these regulations override state laws regarding the handling and conveyance of ammunition, explosives, inflammable substances, and dangerous goods when these activities are conducted on behalf of the Commonwealth for defence purposes.

Key Provisions

The main operative sections of the National Security (Rail Transport) Regulations (1941) focus on the establishment of Commonwealth control over rail transport in the context of wartime. Section 4 outlines the objects of these Regulations, which are to ensure that rail transport is more effectively used in connection with any war in which His Majesty is engaged. Section 5 stipulates that normal rail transport operations will continue, subject to these Regulations and any orders or directions issued under them. Section 6 grants the Minister of State for Transport broad powers to control rail transport, while Section 7 details the specific areas where the Minister can make orders and give directions, such as the operation of rail transport services, the order of priority for carriage of persons or goods, and the terms and conditions of contracts for the carriage of passengers and goods. The Regulations impose various obligations and requirements on the parties involved. The Minister of State for Transport is given extensive powers to control and direct rail transport, ensuring that it is aligned with the objectives of the war effort. Section 8 establishes the War Railway Committee, which is tasked with advising and assisting the Minister in the administration of these Regulations. The Committee is composed of key stakeholders, including the Commonwealth Railways Commissioner, Chief Railway Executive Officers from each state, the Director of Land Transport, and a member nominated by the Minister of State for the Army. Section 10 empowers the Committee to give directions to any person to whom the Minister has delegated his powers, ensuring that delegated functions are exercised in accordance with the Committee's directions. The Regulations also establish specific offences and penalties for breaches. While the specific penalties are not detailed within the text provided, it is understood that any exercise of power or function by a person to whom the Minister has delegated his powers and functions under these Regulations shall not be questioned or held to be invalid on the ground that it has been exercised otherwise than in accordance with directions given under Section 10. Section 11 further clarifies that nothing in the law of any State relating to the handling, storage, or conveyance of ammunition, explosives, inflammable substances, or dangerous goods shall apply in relation to the handling, storage, or conveyance of such items on behalf of the Commonwealth for purposes of defence. This suggests that any breaches of these specific wartime provisions could lead to civil or criminal consequences, though the exact nature and extent of these penalties are not detailed in the provided excerpt.

Area of Law: National Security Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Reporting & Disclosure Obligations; Prohibited Conduct
Catchwords: Rail Transport

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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.

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