National Security (Supply of Coal) Regulations

Legislation au C1940L00086 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1940. No. 86.

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REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939.*

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.

Dated this seventeenth day of May, 1940.

GOWRIE

Governor-General,

By His Excellency’s Command,

ROBERT G. MENZIES

Minister of State for Defence Co-ordination.

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National Security (Supply of Coal) Regulations.

Short title.

1. These Regulations may be cited as the National Security (Supply of Coal) Regulations.

Commencement.

2. Regulations 1, 6 and 8 of these Regulations shall come into operation on the date of notification of these Regulations in the Gazette, and regulation 3 of these Regulations shall come into operation on the nineteenth day of May, 1940, and the remaining regulations shall come into operation on the twentieth day of May, 1940.

Repeal.

3. The National Security (Coal) Regulations (being Statutory Rules 1940, No. 61, as amended by Statutory Rules 1940, Nos. 79 and 85) are repealed.

Definition.

4. In these Regulations, unless the contrary intention appears—

“owner”, in relation to a coal mine, means any person who is the immediate proprietor, or lessee, or occupier of the mine, or of any part thereof, and includes any contractor for the working of the mine, or any part thereof, but does not include a person who merely receives a royalty, rent or fine from the mine, or is merely the proprietor of the mine, subject to any lease, grant or licence for the working thereof, or is merely the owner of the soil and not interested in the minerals of the mine.

 

* Notified in the Commonwealth Gazette on 17th May, 1940.

3108.–––Price 3d.


Power to require delivery of coal.

5.—(1.) A Minister or any person authorized in that behalf by a Minister (in these Regulations referred to as “the authorized person”) may by order in writing require any owner of a coal mine to supply to such person as is named in the order such quantity of coal, and within such period of time, as is specified in the order.

(2.) Upon receipt of an order under the last preceding sub-regulation, the owner of the coal mine to whom the order is directed shall take action to ensure that the supply of the coal specified in the order is to the necessary extent given priority over the supply of coal to any other person.

(3.) The period of time specified in the order shall be a period of time within which, in the opinion of the Minister or the authorized person, it is possible for the coal to be delivered, having regard to all the relevant circumstances, and the order may provide that the obligation to comply therewith within the period specified shall be conditional upon the happening or continuance of circumstances specified in the order.

Power of Minister to order coal held to be supplied to some other person.

6. A Minister or a person authorized in that behalf by a Minister may, by order in writing served on a person, firm or company in possession of a supply of coal in excess of 10 tons, require that person, firm or company to supply, to any other person, firm or company specified in the order, such amount of that coal as is specified in the order, and to permit that other person, firm or company, on payment or tender of payment therefor, to take delivery of that amount at any reasonable hour in the day-time.

Returns to be furnished.

7. On and after the twentieth day of May, 1940, and until further notice is given by the authorized person, the owner of every coal mine in the State of New South Wales shall cause to be forwarded daily to the authorized person particulars as to the quantity of coal won at the mine on each day of production, together with the name and address of the person, firm or company to whom or to which any coal was supplied by the owner on that day.

Failure to comply with order.

8. Any person, firm or company who fails to comply with any provision of these Regulations shall be guilty of an offence.

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

Overview

The National Security (Supply of Coal) Regulations 1940 were introduced by the Australian Government to address an immediate need for coal supplies during a period of national security concern, as outlined under the National Security Act 1939. Enacted by the Governor-General in Council, these regulations aimed to ensure the prioritisation and redistribution of coal resources to support the war effort. The primary policy objective was to facilitate the orderly and efficient supply of coal to designated recipients, ensuring that essential industries and services had the necessary resources. The regulations provided the Minister or authorised persons with the authority to mandate coal deliveries from mine owners and redistribute excess coal supplies, reflecting the government's intent to maintain operational continuity and support national security imperatives during a critical time.

Scope and Application

The National Security (Supply of Coal) Regulations, which are statutory rules made under the National Security Act 1939, apply to any person, firm, or company that owns a coal mine or possesses a supply of coal exceeding 10 tons in the State of New South Wales. These regulations primarily target the coal industry and specifically regulate the supply of coal during times deemed critical for national security. The geographic reach of these regulations is limited to the State of New South Wales, but they are enacted at the Commonwealth level under the authority of the National Security Act 1939. The regulations empower authorised persons, typically government officials or their delegates, to issue written orders requiring coal mine owners to prioritise the supply of coal to specified recipients and to mandate the transfer of coal supplies between entities. Failure to comply with these regulations constitutes an offence. The regulations also mandate that coal mine owners submit daily reports on coal production and distribution to the authorised person until further notice. These regulations can be further extended or modified through subordinate instruments issued under the authority of the National Security Act 1939.

Key Provisions

The National Security (Supply of Coal) Regulations, made under the National Security Act 1939, establish a framework for the management and distribution of coal resources during times of national security concern. Section 5 outlines the authority of a Minister or an authorized person to issue written orders to coal mine owners, requiring them to supply specified quantities of coal within a designated timeframe. The regulation stipulates that these orders must be prioritized over other coal supplies (section 5(2)). Section 6 extends this authority to require the redistribution of coal supplies held by entities possessing more than 10 tons of coal, facilitating the reallocation of resources where necessary. Additionally, section 7 mandates that coal mine owners in New South Wales submit daily reports to the authorized person, detailing the quantity of coal extracted and the recipients of the coal supply. These reports are to continue until further notice from the authorized person. The Regulations impose significant obligations on coal mine owners and entities holding coal supplies. They must comply with orders to supply coal and report production and distribution details as required. Failure to adhere to these obligations constitutes an offence under section 8 of the Regulations. The consequences for non-compliance include civil or criminal penalties. The exact penalties are not specified within the Regulations, but under the National Security Act 1939, offences can attract substantial fines and, in severe cases, imprisonment. These provisions ensure that coal resources are managed effectively to support national security objectives during critical periods.

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Area of Law
National Security Law
Instrument
Legislative Instrument
Concepts
Commencement Provisions
Reporting & Disclosure Obligations
Offence Provisions

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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.