National Security (Road Transport) Regulations

Legislation au C1941L00278 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1941. No. 278.

––––––

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 (Road Transport) Regulations.

Citation.

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

Administration.

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

Application of Regulations.

3. These Regulations shall not apply in any Territory of the Commonwealth not forming part of the Commonwealth.

Definitions.

4. In these Regulations “the Minister” means the Minister of State for Transport.

Objects.

5. The objects of these Regulations are to establish a control of road 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 road vehicles and the services of road vehicles shall be subject to direction, requisition and control in the interests of public security and the prosecution of any such war, and these Regulations shall be administered and construed accordingly.

General 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.

 

* Notified in the Commonwealth Gazette on      , 1941.

5965.—20/22.10.1941.—Price


Powers of Minister to make orders and give directions.

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

(a) the elimination of waste and the promotion of efficiency in road transport;

(b) the arrangement of road transport services;

(c) the receipt, handling and delivery of goods;

(d) the acquisition, disposal and transfer—

(i) of vehicles and of accessories, spare parts and fuel therefor; and

(ii) of horses and of equipment and food therefor;

(e) the manufacture, installation, repair and use of gas producer units for the purposes of road transport;

(f) the order of priority to be accorded to the carriage of persons and goods, or classes of persons and goods;

(g) the places at which persons shall be picked up or set down or goods loaded, delivered or discharged;

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

(i) the terms and conditions of contracts for the carriage of passengers and goods.

(2.) Any order or direction under this regulation may—

(a) apply in relation to vehicles generally or any description of vehicles, whether that description is according to class, ownership, trade or otherwise, or to any specified vehicle;

(b) contain such provisions, conditions and directions as appear to the Minister to be necessary or desirable;

(c) avoid, vary or renew any contract or class of contracts the operation or effect of which appears to the Minister to be affected by the making of the order or the giving of the direction; and

(d) be rescinded, revoked, amended or varied.

Service of and compliance with directions.

8.—(1.) Notice of any direction under these Regulations may be served upon any person affected thereby and thereupon that person shall comply with the direction.

(2.) 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.

Compensation.

9. Such compensation shall be payable in respect of property acquired in pursuance of any order or direction under these Regulations as is determined by agreement, or, in the absence of agreement, by action by the claimant against the Commonwealth in any court of competent jurisdiction or otherwise as specified in the order or direction.

Indemnity in respect of contracts.

10. Where any person fails to fulfil any contract, whether made before or after the commencement of these Regulations, and that failure is due to compliance with the requirements of an order or direction under these Regulations, proof of that fact shall be a good defence to any action or proceeding in respect of that failure.

 

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

Overview

The National Security (Road Transport) Regulations 1941, enacted by the Commonwealth of Australia, were introduced under the authority of the National Security Act 1939-1940 to address the need for effective control over road transport during wartime. This legislative instrument was made by the Governor-General in Council, under the advice of the Federal Executive Council, to facilitate the efficient use of road transport in connection with any war in which His Majesty was or might be engaged. The policy objective of these Regulations is to ensure that road vehicles and their services are subject to direction, requisition, and control for public security and the prosecution of war, thereby allowing for the elimination of waste, promotion of efficiency, and the management of road transport services and resources in a manner conducive to national security interests.

Scope and Application

The National Security (Road Transport) Regulations, established under the National Security Act 1939-1940, apply specifically to the road transport sector within the Commonwealth of Australia, excluding any territories not forming part of the Commonwealth. Administered by the Minister of State for Transport, these Regulations aim to establish control over road transport to enhance its efficiency and utility in relation to any war in which Australia may be engaged. The Minister has extensive powers to make orders and give directions concerning road transport, including aspects such as the elimination of waste, arrangement of services, handling of goods, and the acquisition and disposal of vehicles and their components. These provisions are designed to ensure that road transport is managed effectively for public security and the prosecution of war efforts. Compliance with the Minister's orders and directions is mandatory, with specific provisions detailing how such directions are to be served and enforced. Additionally, the Regulations address compensation for property acquired under these orders and provide indemnity for those who cannot fulfil contracts due to compliance with the Regulations.

Key Provisions

The National Security (Road Transport) Regulations provide specific controls over road transport to ensure efficient use of resources in relation to war efforts. The Minister of State for Transport is tasked with administering these regulations (section 2). The regulations aim to control road transport to avoid waste, promote efficiency, and ensure that road vehicles and their services are directed, requisitioned, and controlled for public security and war prosecution (section 5). The Minister has broad powers to make orders and directions concerning various aspects of road transport, including the elimination of waste, arrangement of services, handling of goods, acquisition and disposal of vehicles and equipment, and the terms and conditions of contracts (section 7). These orders can apply to specific vehicles or classes of vehicles and can be rescinded, revoked, amended, or varied (section 7(2)). Under these regulations, the Minister can issue directions to any person or entity involved in road transport. Compliance with these directions is mandatory, and failure to comply is an offence. Directions can be served personally, by sending them to the person's place of business or residence, or by posting them to the individual (section 8). If property is acquired under an order or direction, compensation must be paid as determined by agreement or, if no agreement is reached, by legal action against the Commonwealth (section 9). Additionally, any failure to fulfil a contract due to compliance with an order or direction is a valid defence against any legal action related to that failure (section 10). Violation of these regulations, including failure to comply with directions, can result in legal consequences. Although specific penalties are not detailed within the regulations, non-compliance with mandatory directions could lead to legal action, potentially resulting in fines or other penalties as prescribed by law. The regulations underscore the importance of adhering to government directives in the interest of national security, with potential ramifications for those who fail to comply.

Legal classification tags

Area of Law
National Security Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Offence Provisions
Enforcement Powers

Interactions

Authorises

All Versions

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.