War Precautions (Coal) Regulations (Amendment)

Overview

The Statutory Rules 1921 No. 3, made under the War Precautions Act Repeal Act 1920, address the need to amend the War Precautions (Coal) Regulations following the repeal of wartime legislation. Enacted by the Governor-General in Council, this legislative instrument modifies the regulatory framework governing coal and related resources to align with post-war conditions. The policy objective appears to be the efficient and orderly transition from wartime controls to peacetime regulation, ensuring that resources such as coal are managed responsibly while facilitating economic recovery and stability. The amendments include defining key terms, changing the authority responsible for certain regulations, and introducing new provisions for the use of electric current and gas, reflecting the shift from wartime necessity to a regulated peacetime economy.

Scope and Application

The Regulations under the War Precautions Act Repeal Act 1920 made on January 6, 1921, and coming into operation forthwith, pertain to the amendment of the War Precautions (Coal) Regulations. The regulations apply to any person, firm, company, or authority involved in the possession, use, supply, or receipt of coal, coke, electric current, or gas. The scope of the legislation is focused on the management and control of coal resources and energy consumption during wartime, with particular emphasis on the authority vested in the Minister, the Coal Board, or their authorized representatives. The regulations have a national reach, applying across the Commonwealth of Australia. The exclusions or exemptions are not explicitly stated in the provided text, but the regulation implies that any deviation from the specified consent conditions would be considered an offence. The application and scope of the Act can be further extended or restricted through subordinate instruments as determined by the Minister or the Coal Board.

Key Provisions

The main operative sections of this legislative instrument involve amendments to the War Precautions (Coal) Regulations. Regulation 2 is amended to provide a definition for the term "person, firm, company or authority" in relation to the possession, use, supply, and receipt of coal or coke, as well as the use of electric current or gas. Regulation 4 is amended to replace the Director of Navy Contracts with the Chairman of the Central Coal Board. Regulation 5 removes a clause that referred to the preceding regulation. Regulation 6 is amended to broaden the scope of coal and coke supply to include both supply to and receipt from any person, firm, company or authority. Regulation 8 is amended to prohibit the use of electric current or gas for industrial purposes without the consent of the Minister or a Coal Board, with specified conditions for consent. A new regulation, 9a, is inserted to allow for the revocation, cancellation, or withdrawal of permits and consents granted under these Regulations. The Act imposes obligations on individuals and entities involved in the possession, use, supply, and receipt of coal or coke, as well as the use of electric current or gas. Specifically, it mandates that these activities must be conducted with the consent of the Minister or a Coal Board, or a person authorized by them. The consent may specify the rate of use or consumption of electric current or gas, the industrial purposes for which it can be used, and the period for which it may be used. Additionally, the Minister or a Coal Board, or a person authorized by them, has the authority to revoke, cancel, or withdraw any permit, direction, or consent granted under these Regulations, as well as to remove or suspend any restrictions imposed in pursuance of regulations 8a or 8b. The legislative instrument outlines penalties and consequences for breach of the amended Regulations. According to Regulation 8(5), any person, firm, company or authority who uses electric current or gas at a rate greater than that specified in the consent, or uses it for a purpose other than that specified, shall be guilty of an offence. However, the specific penalties or consequences for such offences are not detailed within the text of this instrument. The revocation or cancellation of permits, directions, or consents by the Minister or a Coal Board, or a person authorized by them, serves as a significant administrative consequence for non-compliance with the Regulations.