STATUTORY RULES.
1945. No. 110.
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REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1943.*
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 1939-1943.
Dated this eleventh day of July, 1945.
HENRY
Governor-General.
By His Royal Highness’s Command,
W. P. ASHLEY
for and on behalf of the Minister of State for Defence.
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Amendments of the National Security (Shipping Requisition—Additional Compensation) Regulations.†
Commencement.
1. These Regulations shall be deemed to have come into operation on the fifth day of March, 1942.
2. Regulation 5 of the National Security (Shipping Requisition—Additional Compensation) Regulations is repealed and the following regulations are inserted in its stead:—
Additional payment to certain ships.
“5. In respect of each of the ships upon the list so certified, for the period or periods during which it is under requisition pursuant to regulation 11 of the National Security (Shipping Control) Regulations, or, having been under requisition pursuant to that regulation, is under requisition by, or charter to, the Commonwealth or any authority of the Commonwealth under any other law or by agreement, but not exceeding three years from the date of first requisition under regulation 11, there shall be payable by the Commonwealth out of the funds available to the Shipping Control Board, in addition to the daily charter rate fixed by or under the National Security (Shipping Requisition) Regulations, an amount fixed by the Commonwealth Prices Commissioner of not more than Two pounds per day.
* Notified in the Commonwealth Gazette on 12th July, 1945.
† Statutory Rules 1942, No. 90.
2119.—Price 3d.
Ships lost or sold to Commonwealth.
“6. Where any ship in respect of which compensation is being paid in pursuance of these Regulations is lost, or is sold to the Commonwealth or any authority of the Commonwealth, there shall be payable to the person who has been receiving the compensation an amount equal to the sum of the further amounts which would have been payable under these Regulations if payments under these Regulations had continued at the same rate until the completion of three years from the date of first requisition.”.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Regulations under the National Security Act 1939-1943, enacted in 1945, were designed to address specific issues related to shipping requisition and compensation during the Second World War. The National Security Act was initially introduced to provide measures for national security during wartime, and these regulations were a subsequent legislative instrument aimed at amending compensation provisions for ships requisitioned by the Commonwealth. The enacting body was the Governor-General in and over the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The policy objective, as outlined in the regulations, was to provide additional compensation to ship owners for vessels requisitioned by the Commonwealth, ensuring fair remuneration during and after the requisition period.
These regulations specifically amended the National Security (Shipping Requisition—Additional Compensation) Regulations to adjust the compensation rates for ships requisitioned by the Commonwealth, introducing an additional payment of up to Two pounds per day for the duration of the requisition, not exceeding three years. The changes were intended to provide clarity and fairness in compensating ship owners for ships that were lost or sold to the Commonwealth. The regulations were effective from 5 March 1942, demonstrating the urgency and relevance of these measures during wartime.
Scope and Application
The National Security (Shipping Requisition—Additional Compensation) Regulations 1945, made under the National Security Act 1939-1943, apply to ships that are requisitioned by the Commonwealth for national security purposes, including those listed in the regulations and any ships subsequently requisitioned under other laws or agreements. These regulations provide for additional payments to the owners of such ships, over and above the standard compensation, for a period not exceeding three years from the date of initial requisition. The compensation is to be determined by the Commonwealth Prices Commissioner and can be paid up to a maximum of Two Pounds per day. This regulation specifically addresses scenarios where the ship is lost or sold to the Commonwealth, ensuring that the owner receives compensation for the full potential duration of the requisition period had it continued. The geographic reach of these regulations is national, applying throughout the Commonwealth of Australia. The regulations also incorporate amendments to previous regulations, providing a clear framework for compensating ship owners during periods of requisition for national security reasons.
Key Provisions
The key provisions of these Regulations, as stipulated in section 2, primarily involve adjustments to the compensation payable to ship owners whose vessels are requisitioned under the National Security Act 1939-1943. Specifically, section 5 outlines an additional payment for certain ships. The Commonwealth must pay an extra amount, not exceeding two pounds per day, for ships that are requisitioned for a period not exceeding three years. This payment is in addition to the daily charter rate already fixed under the National Security (Shipping Requisition) Regulations. Section 6, on the other hand, addresses the situation where a ship is lost or sold to the Commonwealth during the requisition period. It mandates that if such an event occurs, the owner is to be compensated for the remaining period of the three-year term at the same rate that was being paid under these Regulations.
The Regulations impose certain obligations on the parties involved. The Commonwealth, through the Shipping Control Board and the Commonwealth Prices Commissioner, is obligated to make additional payments as outlined in section 5. The ship owners, in turn, must ensure that their vessels are available for requisition and must comply with the terms of the Regulations concerning compensation. Furthermore, if a ship is lost or sold, the owner must provide necessary documentation to claim the outstanding compensation as per section 6.
Any breach of the provisions laid out in these Regulations could lead to legal consequences. However, the Regulations themselves do not explicitly state the offences, penalties, or consequences for non-compliance. It is assumed that penalties would follow those outlined in the National Security Act 1939-1943, which could include fines or imprisonment, though the exact penalties are not specified in these Regulations. The severity of penalties would depend on the nature and extent of the breach, as well as any relevant case law interpreting the Act and Regulations.