STATUTORY RULES.

1917. No 195.

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 twentieth day of August, 1917.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

JOSEPH COOK,

for Minister of State for Defence.

War Precautions (Coal) Regulations.

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

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.

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.

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.

(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;

C.11086.—Price 3d.

(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 the 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 coal or coke by non-permitted industry to permitted industry.

7. (1) Where any person, firm or company in possession of a supply of coal or coke in excess of five tons is, under these Regulations, prohibited from using such coal or coke for industrial purposes, that person, firm, or company may be required by the Minister or a Coal Board, by notice in writing, served on the person, firm, or company, to permit any other person, firm, or company specified in the notice (being a person, firm, or company who or which, is not under these Regulations, prohibited from using coal or coke for industrial purposes) , to take delivery at any reasonable hour in the day-time, upon payment or tender at the rate fixed by Sub-Regulation (2) of this Regulation, of such amount of coal or coke as the case may be, as is specified in the notice.

(2) The rate fixed for the supply of coal or coke in pursuance of this Regulation shall be such amount as represents to the person, firm, or company supplying it the cost to him or it of the coal or coke (including the cost of its delivery to him or it) plus 10 per centum on such cost.

(3) In default of agreement between the person, firm, or company supplying the coal or coke and the person, firm, or company taking delivery of it, as to the amount payable by the latter to the former in respect of any coal or coke supplied in pursuance of this Regulation, the amount shall be determined by the Minister or a Coal Board.

(4) Any person, firm, or company who or which, on being required in accordance with this Regulation to permit any other person, firm, or company to take delivery of any coal or coke, fails to comply with the terms of the Requisition shall be guilty of an offence.

(5) Coal or coke supplied by any person, firm, or company to any other person, firm, or company in pursuance of this Regulation shall be deemed to have been sold by the former to the latter at the rate fixed by this Regulation, and no person, firm, or company shall, without the consent, in writing of the Minister or a Coal Board, be entitled to institute or maintain any action or other proceeding in respect of the supply by him or it of coal or coke, as the case may be.

Supply of power for industrial purposes.

8. (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 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 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 for industrial purposes, shall use electric current or gas 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 for industrial purposes, shall use such electric current or gas for any other purposes than the industrial purposes for which it has been supplied.

Use of gas or electricity for advertising devices prohibited.

9. After three days from the commencement of this Regulation no person, firm, or company shall, without the consent of the Minister or a Coal Board, use gas or electricity for the purpose of the display of any advertising device or sign.

Onus of proof.

10. 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.

Repeal.

11. The War Precautions (Coal) Regulations (Statutory Rules 1916, No. 299 as amended by Statutory Rules 1916, No. 312) are repealed.

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.