Federal Register of Legislation - Australian Government

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Liquid Fuel (Defence Stocks) Act 1949

Authoritative Version
Act No. 29 of 1949 as made
An Act to provide, in the interests of Defence, for the Maintenance of Stocks of Liquid Fuel within Australia.
Date of Assent 12 Jul 1949
Date of repeal 27 Mar 1984
Repealed by Liquid Fuel Emergency Act 1984

LIQUID FUEL (DEFENCE STOCKS).

 

No. 29 of 1949.

An Act to provide, in the interests of Defence, for the Maintenance of Stocks of Liquid Fuel within Australia.

[Assented to 12th July, 1949.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1.  This Act may be cited as the Liquid Fuel (Defence Stocks) Act 1949.

Commencement.

2.  This Act shall come into operation on the day on which it receives the Royal Assent.

Definition.

3.  In this Act, “liquid fuel” means aviation spirit, motor spirit, kerosene, automotive diesel oil, diesel oil fuel, residual fuel oil, lubricating oil or crude petroleum.


 

Notice to stocks of liquid fuel.

4.—(1.)  The Minister ‘may—

(a) by notice in writing served on a person who imports liquid fuel into Australia, require that person to maintain, at such places in Australia as are specified in the notice, stocks of liquid fuel of such classes and quantities as are so specified, being stocks which, in the opinion of the Minister, it is essential should be so maintained in the interests of defence; and

(b) by a further notice in writing so served, revoke or vary any such notice, or any such notice as previously varied.

(2.)  The Minister shall exercise his powers under this section—

(a) in such manner as is, in his opinion, equitable having regard to the total stocks of liquid fuel which, in his opinion, it is essential should be maintained in Australia in the interests of defence and the proportions in which imports of liquid fuel into Australia are made by the several importers; and

(b) so that the total stocks of liquid fuel of any class from time to time required, in pursuance of notices in force under this section, to be maintained by persons on whom such notices have been served do not exceed the total stocks which, in the opinion of the Minister, it is essential should be so maintained in Australia in the interests of defence.

Requirement to comply with notices.

5.—(1.)  Subject to this section, a person on whom a notice under the last preceding section is served shall, while the notice remains unrevoked, comply with the notice, or with the notice as varied for the time being.

Penalty: Five hundred pounds for each day during which the contravention of this sub-section continues.

(2.)  The Minister, or a person empowered by the Minister to act under this sub-section, may, in order to meet temporary circumstances, by writing under his hand, authorize a person affected by a notice under the last preceding section to reduce any stock of liquid fuel to a quantity not less than a quantity specified in the authority (being a quantity less than the quantity otherwise required to be maintained by that person) and to keep that stock so reduced during a period specified in the authority, and that person shall not, by reason only of his acting in accordance with that authority, be guilty of an offence against the last preceding sub-section.

Compensation.

6.—(1.)  A person on whom a notice under this Act is served shall be entitled to fair compensation from the Commonwealth in respect of any loss suffered by him by reason of his having maintained, for the purpose of complying with the notice, any stocks of liquid fuel in excess of the stocks which he would otherwise have maintained.

(2.)  The amount of any compensation under this section shall be determined by agreement or, in default of agreement, by action against the Commonwealth in any court of competent jurisdiction.

Regulations.

7.  The Governor-General may make regulations not inconsistent with this Act, prescribing all matters which are necessary or convenient to be prescribed for the carrying out or giving effect to this Act.