STATUTORY RULES.
1948. No. .
REGULATIONS UNDER THE DEFENCE (TRANSITIONAL PROVISIONS) ACT 1946-1947.*
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 Defence (Transitional Provisions) Act 1946-1947.
Dated this twenty-third day of June, 1948.
W. J. McKell
Governor-General.
By His Excellency’s Command,
for and on behalf of the Minister of State for Post-war Reconstruction.
Amendments of the National Security (Shipping Co-ordination) Regulations.†
Administration.
1. Regulation 3 of the National Security (Shipping Co-ordination) Regulations is amended by omitting the words “Supply and Shipping” and inserting in their stead the words “Shipping and Fuel”.
Australian Shipping Board.
2. Regulation 17 of the National Security (Shipping Co-ordination) Regulations is amended—
(a) by omitting from paragraph (a) of sub-section (1.) the words “Supply and Shipping” and inserting in their stead the words “Shipping and Fuel”; and
(b) by omitting from paragraph (c) of that sub-section the words “Supply and Shipping” and inserting in their stead the words “Shipping and Fuel”.
The Schedule.
3. The Schedule to the National Security (Shipping Co-ordination) Regulations is amended by omitting from sub-clause (12.) of clause 27 of the “STANDARD TIME CHARTER PARTY OF THE AUSTRALIAN SHIPPING BOARD UPON WHICH SHIPS ARE REQUISITIONED.” set out in the Schedule the words “Supply and Shipiping” (wherever occurring) and inserting in their stead the words “Shipping and Fuel”.
* Notified in the Commonwealth Gazette on , 1948.
† Being the Regulations having that title as in force under the Defence (Transitional Provisions) Act 1946-1947. The Regulations under the National Security Act 1939-1946 having the corresponding title comprise Statutory Rules 1944, No 86, as amended by Statutory Rules 1944, Nos. 113 and 126; and 1945, Nos. 47, 69 and 204. These Regulations were further amended by Statutory Rules 1947, No. 144.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
2734.—Price 3d. 8/28.5.1948.
Overview
The Statutory Rules of 1948, specifically Statutory Rules No. 76, were enacted under the Defence (Transitional Provisions) Act 1946-1947, to amend the National Security (Shipping Coordination) Regulations. These regulations were introduced to ensure a smooth transition in the administration of shipping and fuel resources post-World War II. The Governor-General, acting on advice from the Federal Executive Council, made these regulations with the policy objective of maintaining efficient coordination and control over shipping and fuel supplies, which were critical for the nation’s recovery and ongoing security. The amendments aimed to streamline the administration by updating terminology to reflect the changing focus from wartime supply to peacetime shipping and fuel coordination.
Scope and Application
The Defence (Transitional Provisions) Act 1946-1947 provides the legislative framework for making regulations that transition certain defence-related arrangements into peacetime. These regulations are designed to cater to the shifting needs of national security and public administration as the nation moves away from wartime measures. The specific regulations under this Act, such as the amendments to the National Security (Shipping Coordination) Regulations, illustrate the targeted adjustments in the management and coordination of shipping and fuel resources. These regulations are applicable to entities involved in shipping and fuel coordination, such as the Australian Shipping Board, and affect the conduct and transactions relating to shipping and fuel charters. Geographically, these regulations apply throughout the Commonwealth of Australia, ensuring a uniform approach to the transitional provisions across the nation. The amendments focus on re-aligning the terminology from "Supply and Shipping" to "Shipping and Fuel" to better reflect the current national priorities. The Act does not specify exclusions or exemptions in these regulations, meaning that all relevant entities and transactions within the scope of shipping and fuel must comply with the updated terms. These regulations extend the application of the National Security Act 1939-1946, ensuring that the transitional provisions are smoothly implemented.
Key Provisions
The Statutory Rules 1948, No. 76, made under the Defence (Transitional Provisions) Act 1946-1947, amend the National Security (Shipping Co-ordination) Regulations. Specifically, these Regulations update references to "Supply and Shipping" to "Shipping and Fuel" in three key sections. Regulation 3 (1) alters the terminology from "Supply and Shipping" to "Shipping and Fuel". Regulation 17 (1) (a) and (c) also change the same terms to "Shipping and Fuel". Finally, the Schedule, specifically clause 27 (12) of the "STANDARD TIME CHARTER PARTY OF THE AUSTRALIAN SHIPPING BOARD UPON WHICH SHIPS ARE REQUISITIONED", updates all occurrences of "Supply and Shipping" to "Shipping and Fuel".
These amendments impose an obligation on parties governed by the National Security (Shipping Co-ordination) Regulations to update their documentation and operations to reflect the new terminology. This change ensures consistency in legal terminology and facilitates a smoother transition in the administration of shipping and fuel-related activities during the post-war period. The updated terms need to be incorporated into any agreements, charters, and operational directives to comply with the new Regulations.
Failure to comply with these amendments may result in legal consequences. While the specific offences, penalties, or consequences for non-compliance are not explicitly detailed in these Regulations, breaches of statutory requirements under the Defence (Transitional Provisions) Act 1946-1947 can potentially lead to enforcement actions by the relevant authorities. The exact penalties would depend on the nature of the breach and the discretion of the court or regulatory body adjudicating on the matter. The implications of non-compliance could include administrative penalties, fines, or even legal action for non-adherence to statutory obligations.