STATUTORY RULES.

1916. No. 299.

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REGULATIONS UNDER THE WAR PRECAUTIONS ACT 1914-1916.

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 War Precautions Act 1914-1916, to come into operation forthwith.

Dated this twenty-third day of November, 1916.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

G. F. PEARCE,

Minister of State for Defence.

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War Precautions (Coal) Regulations.

Short title.

1. These Regulations may be cited as the War Precautions (Coal) Regulations.

Definitions.

2. In these Regulations—

“Coal Board” means a Board appointed by the Minister in pursuance of Regulation 3.

“Electric Light Company” and “Gas Company” include respectively any electric light or gas undertaking of a local authority.

“Minister” means the Minister of State for the Navy.

Power to appoint Coal Board or Boards.

3. The Minister may appoint for the purpose of these Regulations such Board or Boards as he thinks fit, consisting of one or more persons, to exercise in relation to the supply of coal such functions as are conferred upon them by these Regulations or by order of the Minister.

Returns by persons holding stocks of coal or coke.

4. (1) Subject to this Regulation—

(a) any person, firm, or company; and

(b) any authority constituted under the Commonwealth or any State,

possessing, whether for industrial purposes or not, more than five tons of coal or coke shall, within seven days from the commencement of this Regulation, submit to the respective officers specified in the next succeeding Sub-Regulation, a return verified by statutory declaration setting forth the quantity and nature of the coal or coke possessed by him or it, and the place at which such coal or coke is stored.

C.15649.—Price 3d.

(2) The officers to whom returns in accordance with Sub-Regulation:(1) of this Regulation are to be forwarded are the following, viz.:—

(a) In the State of New South Wales—The Commodore-in-Charge, Garden Island, Sydney;

(b) in the State of Victoria—The Director of Navy Contracts, Navy Office, Melbourne;

(d) in the State of South Australia—The District Naval Officer, Naval Staff Office, Birkenhead;

(e) in the State of Western Australia—The District Naval Officer, Naval Staff Office, Fremantle; and

(f) in the State of Tasmania—The District Naval Officer, Naval Staff Office, Hobart.

Use of coal and coke for industrial purposes.

5. (1) Subject to this Regulation all persons, firms, companies, and authorities to whom or to which the preceding Regulation applies, are prohibited from using for industrial purposes any coal or coke in their possession except under and in accordance with special permits or directions from the Minister or a Coal Board.

(2) Notwithstanding anything contained in this Regulation, any of the following persons, firms, companies, or authorities, viz.:—

(a) Any Railway Department of the Commonwealth or a State;

(b) any public tramway company or trust;

(d) any gas company;

(e) any public hospital;

(f) any person, firm, or company carrying on the business of refrigerating perishable produce;

(g) any factory which is manufacturing goods for the Department of Defence or the Department of the Navy;

(h) any flour mill;

(i) any newspaper office; or

(j) any butchering, baking, or dairy produce establishment, or fish store;

may, for a period not exceeding seven days from the commencement of these Regulations, use for industrial purposes any coal or coke in their possession.

(3) Where any of the persons, firms, companies, or authorities specified in the next preceding Sub-Regulation carries on in addition any other business, manufacture, or service, the provisions of that Sub-Regulation shall not be held to authorize the use of coal or coke for industrial purposes in connexion with that other business, manufacture, or service.

Coal not to be supplied without consent.

6. No person, firm, company, or authority constituted under Commonwealth or any State shall, without the consent, in writing, of the Minister or Coal Board, supply coal or coke to any person, firm company, or authority for any purpose whatever.

Supply of power for industrial purposes.

7. (1) Subject to this Regulation, all electric light and gas companies are prohibited from supplying to any person, firm, company, or authority, without the consent, in writing, of the Minister or a Coal Board, electric current or gas as power for industrial purposes.

(2) Notwithstanding anything contained in this Regulation, electric current or gas may, for a period not exceeding seven days from the commencement of these Regulations, be supplied to any of the following persons, firms, companies, and authorities, namely:—

(a) Any Railway Department of the Commonwealth or a State;

(b) any public tramway company or trust;

(d) any person, firm, company, or authority carrying on the business of refrigerating perishable produce;

(e) any factory which is manufacturing goods for the Department of Defence or the Department of the Navy;

(f) any flour mill;

(g) any newspaper office;

(h) any butchering, baking, or dairy produce establishment, or fish store;

(i) any medical practitioner or dental surgeon; or

(j) any authority, person, firm, or company for use in connexion with the performance of any function in which the stoppage of electric current or gas as power is likely to endanger human life.

(3) No person, firm, company, or authority, other than a person, firm, company, or authority to whom or which electric current or gas has, in accordance with these Regulations, been supplied as power for industrial purposes, shall use electric current or gas as power for industrial purposes; and no person, firm, company, or authority, to whom or which electric current or gas has, in accordance with these Regulations, been supplied as power for industrial purposes, shall use such electric current or gas as power for any other purposes than the industrial purposes for which it has been supplied.

Onus of proof

8. In any proceedings for any contravention of these Regulations the burden of proving that any consent required by these Regulations was given shall lie on the person charged.

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