National Security (Salvage Board) Regulations

Legislation au C1942L00129 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1942. No. 129.

 

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 fourteenth day of March, 1942.

GOWRIE

Governor-General.

By His Excellency’s Command,

W. J. SCULLY

for and on behalf of the Minister of State

for Defence Co-ordination.

 

National Security (Salvage Board) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Salvage Board) Regulations.

Purposes.

2. The purposes of these Regulations are to organize in advance the facilities for the salvage of ships on and in the vicinity of the Australian coast, to set up an authority for the purpose of making plans in advance for the use of salvage facilities, for the co-operation of salvage companies, underwriters and others possessing salvage equipment, and for the purpose of giving, subject to Naval control, directions in matters of salvage demanding immediate determination, and of controlling and carrying out salvage operations.

Administration.

3. These Regulations shall be administered by the Minister of State for Commerce.

Definitions.

4. In these Regulations—

“the Chief Salvage Officer” means the Chief Salvage Officer of the Board appointed under these Regulations;

“the Board” means the Salvage Board constituted under these Regulations.

 

* Notified in the Commonwealth Gazette on 14th March, 1942.

1915.—Price 3d.


Salvage Board.

5.—(1.) There shall be a Board to be called the Salvage Board, which shall be a body corporate, with perpetual succession and a common seal.

(2.) The Board shall consist of three members, namely:—

(a) the Chairman of the Shipping Control Board, who shall be Chairman of the Board;

(b) the Chief Salvage Officer; and

(c) a person appointed by the Minister on the recommendation of the Naval Board.

(3.) The Board may make by-laws regulating its proceedings.

Quorum and voting.

6.  At any meeting of the Board—

(a) the Chairman and one other member shall form a quorum; and

(b) the Chairman shall have a deliberative vote and, in the event of an equality of votes, shall also have a casting vote.

Chief Salvage Officer.

7.—(1.) For the purposes of these Regulations, the Minister may appoint a Chief Salvage Officer of the Board with such remuneration and on such terms and conditions as the Minister thinks fit.

(2.) The Chief Salvage Officer shall be the Executive Officer of the Board and shall have such powers, functions and authorities as are conferred on him by or under these Regulations.

Powers and functions of Board.

8.—(1.) The Board shall―

(a) inquire into and ascertain the nature, whereabouts, ownership and practical usefulness of vessels, gear, equipment and facilities suitable for salvage operations on or from the Australian coast;

(b) arrange in advance for the availability and the prompt and efficient employment of such vessels, gear, equipment and facilities in the event of a marine casualty;

(c) determine what terms and conditions shall govern the use or employment of such vessels, gear and equipment for salvage operations, and in particular in what manner and at what rates compensation or remuneration shall be determined and payable;

(d) appoint persons or authorities at such ports or places as the Board thinks fit to represent the Board and to exercise any powers and functions delegated by the Board;

(e) arrange for the prompt communication to those persons or authorities in the event of marine casualties;

(f) arrange in advance for proper co-ordination among persons and authorities able to give salvage assistance, and, in particular, for the taking of immediate measures and for the obtaining of advice and instructions through any central or local authorities set up by the Board.

(2.) The Board may authorize the Chief Salvage Officer to direct, control, supervise or carry out all or any salvage operations.


(3.) The Board may make orders or give directions with respect to any one or more of the following matters:—

(a) The persons acting on behalf of the Board who shall be advised of the occurrence of a marine casualty by ship-owners, underwriters and others to whose knowledge the fact may come, and the manner in which, and time within which, the advice shall be given;

(b) The extent to which owners, shipowners, underwriters and others may act on their own responsibility in taking salvage measures pending advice or instructions from the Board, the Chief Salvage Officer, or any other officer of the Board;

(c) The power of the Chief Salvage Officer to appoint a deputy or deputies and to authorize them to direct, control or carry out salvage operations;

(d) The obligation of shipowners, underwriters and others to act in conformity with the orders and directions of the Board the Chief Salvage Officer or his deputy and to carry out such orders and directions.

(e) The establishment of a proper liaison with the Royal Australian Navy and the Royal Australian Air Force in order that salvage operations may be conducted under protection where necessary and subject to the directions of the proper officers of the Royal Australian Navy; and

(f) All other matters incidental to the purpose of these Regulations.

(4.) The Board may purchase, hire, construct or otherwise acquire, and maintain and operate, such vessels, boats, gear or equipment for the purpose of salvage operations, as the Board thinks fit and may take such measures and do such things as appear to the Board to be necessary or expedient for the purpose of these Regulations.

Appointment of officers, &c.

9.—(1.) The Board may appoint on such terms and conditions as it thinks fit such salvage and other officers and such servants and agents as it thinks necessary for the purposes of these Regulations.

(2.) Any persons so appointed shall not be subject to the Commonwealth Public Service Act 1922-1941.

Delegation by Board.

10.—(1.) The Board may, by instrument in writing and at its discretion, delegate to any person or body of persons all or any of its powers, functions and authorities under these Regulations (except this power of delegation) in relation to any matter or class of matters so that the delegated powers functions and authorities may be exercised by the delegate with respect to the matters or class of matters specified in the instrument of delegation.

(2.) Every delegation by the Board shall be revocable in writing at will and no delegation shall prevent the exercise of any power, function or authority by the Board.


Authentication of orders and directions.

11. An order or direction authorized by these Regulations to be made or given by the Board shall be sufficiently authenticated if signed by the Chief Salvage Officer on behalf of the Board, and any order or direction purporting to have been so signed shall, in the absence of proof to the contrary, be deemed to have been made or given in pursuance of a resolution of the Board.

Compliance with directions.

12. A person shall not refuse or fail to comply with any direction under these Regulations given to him or otherwise applicable to him.

 

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

Overview

The National Security (Salvage Board) Regulations 1942 were enacted under the authority of the Governor-General in Council, as provided by the National Security Act 1939-1940. These regulations were established to address the critical need for organised salvage operations along Australia's coastline, particularly in response to the heightened maritime risks during wartime. The enactment aimed to create a structured framework for the salvage of vessels and maritime assets, ensuring preparedness and efficiency in the event of marine casualties. The Salvage Board, constituted under these regulations, was tasked with the responsibility of planning and executing salvage operations, coordinating with various stakeholders including salvage companies, underwriters, and naval authorities, to facilitate swift and effective responses to maritime emergencies. This legislative measure underscored the importance of maritime security and the necessity for a coordinated salvage response mechanism in safeguarding Australia's coastal interests.

Scope and Application

The National Security (Salvage Board) Regulations, made under the National Security Act 1939-1940, establish a framework for the salvage of ships on and around the Australian coast. These Regulations are administered by the Minister of State for Commerce and apply to any entity or individual involved in salvage operations, including salvage companies, underwriters, and other relevant parties. The Regulations establish a Salvage Board, a body corporate responsible for organizing and coordinating salvage operations, including determining the terms and conditions for salvage activities, appointing representatives, and acquiring necessary vessels, equipment, and facilities. The Salvage Board has the authority to issue directions and orders that must be complied with by all relevant parties. The Board’s decisions can be delegated to other persons or bodies, although such delegations are revocable and do not prevent the Board from exercising its powers. The Regulations extend to the entire Commonwealth of Australia and are intended to ensure efficient and coordinated salvage operations in the event of marine casualties.

Key Provisions

The main operative sections of the National Security (Salvage Board) Regulations (C1942L00129) detail the establishment and functions of a Salvage Board, which is constituted as a body corporate under section 5. This board is charged with the responsibility of organizing salvage facilities, equipment, and personnel in anticipation of marine casualties on or near the Australian coast. The Salvage Board's powers and functions are outlined in section 8, which includes the inquiry into and ascertainment of the nature, ownership, and usefulness of salvage resources, arranging for their availability and efficient employment, and setting the terms and conditions for their use. The Board can also delegate its powers and functions, purchase or acquire equipment, and appoint officers and agents necessary for its operations. The obligations imposed on parties by these Regulations include compliance with the directions issued by the Salvage Board, as stipulated in section 12. Any person subject to these Regulations must not refuse or fail to comply with any direction given by the Board. Furthermore, the Board itself has the responsibility of arranging for proper coordination among various persons and authorities capable of providing salvage assistance, and ensuring that there is prompt communication and action in the event of a marine casualty. The Board is also tasked with maintaining liaison with the Royal Australian Navy and the Royal Australian Air Force to ensure that salvage operations can be conducted under necessary protection and direction. Offences and penalties for breach of these Regulations are not explicitly stated within the provided text of the Regulations. However, the failure to comply with directions issued by the Salvage Board could potentially result in legal consequences, as non-compliance is explicitly prohibited under section 12. The exact nature of these consequences would likely be determined by other applicable laws and could include civil or administrative penalties, depending on the specific circumstances of the breach. The Regulations focus more on establishing the framework and operational capabilities of the Salvage Board rather than detailing punitive measures for non-compliance.

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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.