STATUTORY RULES.
1943. No.154.
REGULATIONS UNDER THE NATIONAL SECURITY
ACT 1939-1940.*
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
I
Dated this
day of
, 1943.
Governor-General.
By His Excellency's Command,
and on behalf of the Minister
of State for Defence.
AMENDMENTS OF THE NATIONAL SECURITY (RATIONING) REGULATIONS.'
1. Regulation 5 of the National Security (Rationing) Regulations
is amended—
(a) by inserting after the definition of " authorized officer " the
following definitions:—
" coupon means a coupon which forms or formed
part of a ration document or a coupon, voucher,
licence, authority or permit issued by the Commission for the purposes of these Regulations;
coupon goods' means such rationed goods as are
specified to be coupon goods in any Order; " (b) by inserting after the definition of " member " the following definition:—
" ' Order' means any Order made under these Regulations; ";
(c) by inserting after the definition of " proclaimed area " the
following definition:" ration document' includes a ration book or any part
thereof or any coupon, permit, voucher, authority,
licence or other document made or issued for the
purposes of these Regulations; ";
*Notified in the Commonwealth, Gazette on
, 1943.
t Statutory Rules 1942, No. 228, as amended by Statutory Rules 1942, No. 261 ;
and 1943, No. S8.
3334.—PRICE 5D.
20/1.6.1943.
Definitions.
2
(d) by inserting after the definition of " rationed service" the
following definition:—
" ' supply' includes supply in pursuance of a contract
of sale, work, labour and materials, sale or return,
hire purchase, barter or a contract of any other
description and supply as a gift; "; and
(e) by adding at the end thereof the following definition:—
" ' trader' means a person carrying on in Australia the
business of supplying rationed goods or rationed
services, and includes an agent or servant of a
trader while acting in the course of his employment".
2. After regulation 14 of the National Security (Rationing)
Regulations the following regulations are inserted :" 14A.—(1.) The Commission may enter into arrangements with Arrangements with local
any local government authority for the performance or exercise by government
that authority of such of the Commission's duties, powers and functions
under these Regulations as the Commission thinkss fit,
authorities.
and it shall be
lawful for that authority to act in accordance with the arrangements.
" (2.) There shall be payable to any authority with which any such
arrangements have been entered into such remuneration, whether by
way of fees, commissions or otherwise, as is agreed upon between the
Commission and that authority.
" (3.) The Commission may at any time, for reasons which it
thinks sufficient, terminate any such arrangements.
" (4.) In this regulation the expression
local government
authority' means an authority established for any locality by or under
any State Act relating to local government, and includes any other
authority or person approved by the Minister.
"14B.—(1.) The Commission may enter into arrangements with
Arangemtswihbk.
any person carrying on the business of banking for the performance
by that person of such functions as the Commission considers necessary
or convenient to assist the Commission in the performance or exercise
of any of the Commission's duties, powers and functions under these
Regulations, and it shall be lawful for that person to act in accordance
with the arrangements.
" (2.) There shall be payable to any such person, as remuneration
for his services, such fees or commissions as are agreed upon between
the Commission and that person.
" (3.) The Commission may at any time, for reasons which it
thinks sufficient, terminate any such arrangements.".
3. Regulation 25 of the National Security (Rationing) Regulations
is amended by inserting after sub-regulation (2.) the following subregulation:—
" (2A.) The Commission may, by notice in writing, give directions Powers of Commission.
toanyperswihctouply,disacqtonrue
of any rationed goods or the supply, carrying on, obtaining or use of
any rationed service.".
3
4. Regulation 27 of the National Security (Rationing) Regulations
is amended—
(a) by inserting in sub-regulation (1.), after the word
" Director ", the words " , a Deputy Director or any
authorized officer "; and
(b) by omitting sub-regulation (2.) and inserting in its stead
the following sub-regulation:—
" (2.) A notice under this regulation may, instead of
being addressed to a person or persons individually, be
addressed to persons generally, or to persons included in
a class of persons specified in the notice, and any such
notice shall be sufficiently served if it is published in
the Gazette.".
Returns may
be required.
5. After regulation 28 of the National Security (Rationing) Regulations the following regulations are inserted in Part III. :—
nn
" 28A.—(1.) The Commission may, for the purposes of these Regu- dIssueeoe
f ration
on
lations, issue or cause to be issued to any person or class of persons
any ration documents subject to such conditions as it thinks fit, and
every person shall comply with all such conditions which are applicable
to or in relation to him.
" (2.) The Commission may, by order published in the Gazette,
direct, prohibit, restrict, control or regulate in any other manner whatsoever the issue, acquisition, possession, transfer, use and disposal of
ration documents.
" (3.) The Commission may by notice in writing, give directions to
any person with respect to the possession, surrender or delivery of any
ration document.
Custody of
" 28B.—(1.) A ration document shall remain the property of the ration
Commission and shall not be transferred, except under such conditions documents.
as the Commission determines
" (2.) Subject to any directions given by the Commission and to
any conditions upon which a ration document is issued—
(a) the person (not being a child under the age of sixteen years)
to whom a ration document is issued shall be entitled to its
custody; and
(b) where a child is under the age of sixteen years, the parent
or guardian with whom the child resides, or, if the child
is not residing with a parent or guardian, the parent or
guardian with whom the child last resided, shall be
entitled to the custody of any ration document issued to or
in respect of that child.
" (3.) Where any person has possession or custody of a ration
document, and his possession or custody is not authorized under the
Regulations, he shall forthwith deliver the ration document to the
Commission.
Disposal of
"28c.—(1.) Upon the death of a person any person having posses- ration
sion of a ration document issued to or in respect of the deceased person documents on
shall deliver it forthwith to the Registrar by whom the death was death.
registered or is required to be registered.
" (2.) A person attending upon a Registrar for the purpose of
registering the death of any person shall furnish to the Registrar any
4
within his knowledge as to the name and address of the
personof identity cards.session of any such ration document of which the
person so attending is not in possession.
" (3.) In this regulation, 'Registrar ' means a District Registrar, a
Registrar of Births, and Deaths or other person who is charged with
the duty of registering deaths occurring within a district in or part of
a State or Territory of the Commonwealth.
"2:8D. Where a person to whom a ration document has been issued Surrender of
commences full-time service as a member of any of His Majesty's Naval, ration
documents by
of
Military or Air Forces, or of the Forces of any Power allied or members
the Forces.
associated with His Majesty in the present war, or of ally Force,
Service or body attnumber of couponsthose Forces, he shall forthwith
deliver it intact to the appropriaonly to be demanded.f that Force, Service or
body.
"28E. Where a person has embarked by any ship or aircraft for a Persons leaving
destination outside Australia, he shalt, on demand, surrender any Australia.
ration documerequirements him to the Customs Boarding Officer at the
port or aerodrome from which the ship or aircraft leaves Australia or to
an authorized officer.
" 28F.—(1.) Any authorized officer may require any person in Inspection
impounding
possession of a ration document to produce it to him, and may take and
of ration
documents.
possession of and impound any such ration document where there is
reasonable ground for suspecting that an offence in relation thereto has
been or is being committed.
" (2.) A person shall not refuse to produce or surrender any ration
document in his possession if required to do so in accordance with the
last preceding sub-regulation.
" 28G. Any person to whom a ration document is required to be Production
produced (whether in pursuance of the last preceding regulation or oligsentity
not) may require the person producing that document to produce at
the same time for inspection the identity card or other document (if
any) referred to in the ration document.
" 28H. A trader to whom any coupon has been surrendered in the Coupons
course of his business of supplying coupon goods or rationed services surrendered to traders.
shalnotuecphrwistanfoepu ht
business.
" 28J. A person to whom coupons are required to be surrendered in Appropriate
accordance with the provisions of any Order shall not demand or accept neonunp'beenrs °1
eilLti,°debae anumberofcpsgthaneropiumbfcnsr
required to be surrendered to him.".
6. Regulation 30 of the National Security (Rationing) Regulations compliance
is amended by omitting the word " made " and inserting in its stead rcryarrement
and directions.
the words "or direction made or given ".
7. After 34 of the National Security (Rationing) Regulations the
following regulations are inserted:—
°deuces.
" a5.—(1.) A person shall not—
(a) for the purpose of obtaining any rationed goods or any
rationed service, make any statement which is false or
misleading in any particular, or obtain or attempt to
obtain any rationed goods or any rationed service by
means of any false or misleading statement;
information
5
(b) for the purpose of obtaining, or in connexion with the issue
of, .any ration document make any statement which is
false or misleading in any particular, or obtain or attempt
to obtain any ration document by means of any such false
or misleading statement;
(c) without lawful authority, alter or deface, or remove any
leaf or any part thereof from, any ration document;
(d) personate or falsely represent himself to be the person to
whom any ration document has been issued or applies;
(e) obtain or use, or attempt to obtain or use, any ration
document when he is not authorized to obtain or use it;
(f) make or utter any counterfeit or forged ration document;
(g) without lawful authority, have in his possession or custody
any counterfeit, forged or altered ration document, or
any paper or document so made as to resemble or colourably imitate any ration document;
(h) without lawful authority, use or have in his possession or
custody any ration document;
(i) without lawful authority, make or cause to be made, or
have in his custody or possession, any paper or document
in the substance of which appear any words, letters,
,figures, threads, marks, lines or any other device peculiar
to and appearing in the substance of any paper provided
or used by the Commission for any ration document;
(j) without lawful authority, alter any words, letters, figures,
marks, lines or any entry upon any ration document;
(withouklaf)ry,eogtsuplry,
to any other person, whether by way of loan or otherwise
and whether or not for valuable consideration, a ration
document •or a counterfeit or forged ration document; or
o(wbithanu,lrfe)gycpt
to •accept or obtain, possession or custody of a ration
document or a counterfeit or forged ration document.
" (2.) In any prosecution under paragraph (k) or (1) of subregulation (1.) of this regulation for offering or agreeing to supply,
or to accept or obtain, a ration document or a counterfeit or forged
ration document, or possession or custody thereof, it shall not be a
necessary element of the offence that, any ration document, or counterfeit
or forged ration document, the subject of the offer or agreement, was in
existence.
" (3.) Every counterfeit or forged ration document shall be forfeited
to the King.
" (4.) In any prosecution in respect of a contravention of this
regulation, the production of a ration document (including a counterfeit
or forged ration document) or of any document attached thereto, or of
any document on which the ration document is affixed, having written
thereon the name of a person shall be prima facie evidence that that
person had possession of the ration document and either used that
document for the purpose of obtaining rationed goods or rationed services or intended to use that document for the purpose of obtaining
rationed goods or rationed services, as the prosecutor avers.
6
"36. In any prosecution in respect of the purchase, acquisition, Responsibility
supply, sale or disposal of rationed goods in contravention of
these Regulations or of any Order made under these Regulations if it i s employee.
provedthat nypersonpurchased,acquired,transfer ed,sup lied,sold
or disposed of any rationed goods in contravention of these Regulations
and that at the time of the purchase, acquisition, transfer, supply, sale
or disposal that person was acting or was held out as acting in the
course of his employment by some other person, that other person shall,
notwithstanding any instruction or limitation of authority, be deemed
to have purchased, acquired, transferred, supplied, sold or disposed of
those goods, as the case may be, in contravention of these Regulations:
Provided that nothing in this sub-regulation shall in any way affect
or limit the liability of the person who in fact purchased, acquired,
transferred, supplied, sold or disposed of those goods.".
(f)oetransfer,
mployracts e.
By Authority': L. F. JOHNSTON, Commonwealth Government Printer, Canberra.