National Security (Tinplate Control) Regulations

Legislation au C1941L00210 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1941. No. 210.

 

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 Twenty Eighth

day of August          , 1941.

Governor-General.

By His Excellency’s Command,

for and on behalf of the Minister of State for Defence Co-ordination.

 

National Security (Tinplate Control) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Tinplate Control) Regulations.

Administration.

2. These Regulations shall be administered by the Minister of State for Supply and Development.

Definitions.

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

“the Board” means the Commonwealth Tinplate Board established under these Regulations;

“the Chairman” means the Chairman of the Board;

“tinplate” means sheet-iron or sheet-steel coated with tin.

Purposes.

4.The purpose of these Regulations is to secure that, for all purposes arising out of the war in which His Majesty is engaged, an adequate supply of tinplate is built up and maintained in Australia, and that the supply, distribution, purchase, sale, use and consumption of tinplate is controlled to the intent that preference shall be given to the requirements of users of tinplate according to the order of priority to be determined by the Minister, and these Regulations shall be administered accordingly.

* Notified in the Commonwealth Gazette on       , 1941.

5280.—22/21.8.1941.—Price 3d.


Constitution on Board.

5.—(1.) There shall be a Commonwealth Tinplate Board which shall consist of a Chairman and six other members.

(2.) The Chairman and other members of the Board shall be appointed by the Minister by notice published in the Gazette and shall hold office during the pleasure of the Minister.

(3.) A vacancy in the office of a member shall not invalidate the proceedings of the Board.

Travelling allowances of members.

6. The Chairman and other members of the Board shall be paid such travelling allowances as the Minister determines.

Resignation of members of the Board.

7. Any member of the Board may resign from the Board by notice in writing to the Minister.

Appointment of deputy during absence, &c., of member.

8.—(1.) The Minister may appoint a person to act as the deputy of a member during the absence through illness or any other cause of that member and the deputy shall, while so acting, have and may exercise all the powers and functions of the member.

(2.) No such appointment of a deputy shall in any proceedings be questioned on the ground that the reason for his appointment had not arisen or had ceased.

Meetings of Board.

9.—(1.) The Board shall meet at such times and at such places within the Commonwealth as the Chairman from time to time determines.

(2.) At any meeting of the Board four members shall form a quorum.

(3.) The Chairman shall preside at all meetings of the Board at which he is present and in his absence the members present shall choose one of their number to preside.

(4.) All questions arising at any meeting of the Board shall be decided by a majority of the votes of the members present.

(5.) The Chairman or member presiding at a meeting shall have a deliberative vote and, in the case of an equality of votes, shall also have a casting vote.

(6.) The Board shall keep a record of its proceedings.

Functions of the Board.

10. The Board shall be responsible for advising the Minister upon all matters connected with the importation, supply, distribution, purchase, sale, use, consumption, exportation, or conservation of tinplate, and for taking such action on these and other matters relating to tinplate as the Minister directs.

Executive Officer.

11.—(1.) There shall be an Executive Officer of the Board.

(2.) The Executive Officer shall be such officer of the Department of Supply and Development (not necessarily an officer within the meaning of the Commonwealth Public Service Act 1922-1941) as the Minister appoints by notice published in the Gazette.

(3.) There shall be payable to the Executive Officer such salary, in addition to his salary as an officer of the Department of Supply and Development, and such allowances as the Minister determines.


Minister may deal in tinplate.

12. The Minister may—

(a) purchase or otherwise acquire any tinplate; and

(b) use, sell, export or otherwise dispose of any tinplate so purchased or acquired.

Prohibition against purchase, &c., of tinplate.

13. The Minister may, by order in writing, direct that the person named in the order shall not purchase, sell, distribute, use, dispose of or consume, or agree or offer, or invite an offer, to purchase or sell, any tinplate except with the consent of the Minister, which consent may be given subject to such conditions (if any) as the Minister thinks fit to impose, and that person shall comply with the terms of the order accordingly.

Minister may require supply of tinplate.

14. —(1.) The Minister may, by order in writing, require any owner of tinplate or any person having the disposal of any tinplate, to supply to such person as is named in the order, such quantity of that tinplate, of such quality, and within such reasonable period of time, as are specified in the order.

(2.) Upon service or notification of an order under the last preceding sub-regulation, the owner or person affected by the order shall comply with the terms of that order and shall take proper measures to ensure that the supply of the tinplate specified in the order is given priority to any other order.

Minister may pay compensation.

15. Where the Minister is satisfied that, by reason of any action taken by him under these Regulations, or by reason of any action taken by the Commonwealth in connexion with tinplate prior to the commencement of these Regulations, a user of tinplate has been unduly prejudiced or penalized in comparison with other users of tinplate, the Minister may, in his discretion, pay to that user of tinplate such amount of compensation as he thinks fit.

Returns.

16. The Minister may require any person to furnish to him such returns relating to tinplate as the Minister thinks fit, and that person shall, within the time and in the manner directed by the Minister, furnish true and correct returns accordingly.

Inspection of stocks, books, &c.

17. For the purposes of these Regulations, any person thereto authorized by the Minister may, at all reasonable times, enter any premises and inspect any stocks of tinplate and any accounts, books and documents relating to any tinplate or use of tinplate.

 

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

Overview

The National Security (Tinplate Control) Regulations 1941 were enacted under the National Security Act 1939-1940 to address the critical need for controlled management and distribution of tinplate during wartime, ensuring an adequate supply was maintained in Australia and prioritised for essential uses. These regulations were established by the Governor-General in accordance with the advice of the Federal Executive Council and were intended to facilitate the effective management of tinplate resources in alignment with national security imperatives. The policy objective of these regulations was to secure an adequate supply of tinplate, and to control its distribution, purchase, sale, use, and consumption in a manner that would meet the priority needs of wartime users as determined by the Minister.

Scope and Application

The National Security (Tinplate Control) Regulations, enacted under the National Security Act 1939-1940, pertain to the management and control of tinplate within Australia, specifically during the context of the Second World War. These Regulations apply to all individuals, businesses, and entities involved in the importation, supply, distribution, purchase, sale, use, consumption, exportation, or conservation of tinplate. They are administered by the Minister of State for Supply and Development and are applicable throughout the Commonwealth. The Regulations establish the Commonwealth Tinplate Board to oversee these activities, giving the Minister the authority to regulate and control the trade of tinplate, including prohibiting certain transactions without ministerial consent, and requiring the supply of tinplate to prioritised users. Furthermore, the Minister has the power to compensate those who have been adversely affected by these regulations and to inspect relevant records and stock to ensure compliance. These Regulations thus create a comprehensive framework for managing tinplate resources during a period of national security concern.

Key Provisions

The National Security (Tinplate Control) Regulations, made under the National Security Act 1939-1940, establish a framework for the control of tinplate supply in Australia during wartime. These Regulations are administered by the Minister of State for Supply and Development. The key provisions include the establishment of the Commonwealth Tinplate Board, which is responsible for advising the Minister on matters related to tinplate and taking action as directed by the Minister (Regulation 10). The Board consists of a Chairman and six other members, appointed by the Minister and holding office at his pleasure (Regulation 5). The Minister has broad powers to control the supply and distribution of tinplate, including the ability to direct individuals not to purchase, sell, distribute, use, or consume tinplate without consent (Regulation 13), to require the supply of tinplate from its owners or those in control (Regulation 14), and to inspect stocks and documents related to tinplate (Regulation 17). Additionally, the Minister can require individuals to submit returns regarding tinplate (Regulation 16) and may compensate those unduly prejudiced by actions taken under the Regulations (Regulation 15). The obligations imposed by these Regulations include compliance with orders made by the Minister regarding the control of tinplate. Individuals or entities named in an order must adhere strictly to the terms, such as refraining from certain activities related to tinplate or supplying tinplate as directed (Regulations 13 and 14). The Minister can also require the submission of accurate returns and allow authorized officers to inspect premises and documents (Regulations 16 and 17). Failure to comply with these obligations can result in enforcement actions. Breaches of these Regulations can result in civil or criminal consequences. Although the specific penalties are not detailed in the Regulations, they can include fines and imprisonment. For example, non-compliance with orders regarding the handling of tinplate or failure to submit required returns could lead to enforcement actions, which might involve penalties as prescribed under the broader National Security Act 1939-1940 or other applicable legislation. Additionally, the Minister's authority to inspect premises and documents underscores the importance of compliance, with potential sanctions for non-compliance.

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