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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
Mechanically, these Regulations validate a written "Pool Agreement" and the incorporation of Pool Petroleum Proprietary Limited and make that Pool the exclusive wholesale channel for specified petroleum products; members must sell through Pool and other wholesalers are barred. The instrument presents this as a national-security pooling of private importers and refiners to coordinate supply during the war. Who pays and who decides: members keep ownership of stock but share costs, rentals and losses under detailed formulas; the Minister administers commencement and oversight.
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Direct links to the current provisions in National Security (Petroleum Products Distribution) Regulations.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
STATUTORY RULES.
1942. No. 343.
REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.*
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 National Security Act 1939-1940.
Dated this first day of August, 1942.
GOWRIE
Governor-General.
By His Excellency’s Command,
JOHN A. BEASLEY
for and on behalf of the Minister of
State for Defence.
National Security (Petroleum Products Distribution) Regulations.
Citation.
Commencement
Administration.
Definitions.
“member of the Pool” means a subscriber to the Memorandum of Association of Pool Petroleum Proprietary Limited;
“Pool Agreement” means the Agreement a copy of which is set forth in the Schedule to these Regulations;
“Pool Petroleum Proprietary Limited” means the company registered in the State of Victoria under that name.
Pool Agreement.
5.—(1.) Notwithstanding anything contained in any other law, the Pool Agreement and the incorporation and registration of the Pool Petroleum Proprietary Limited are hereby declared to be legal and valid for all purposes.
(2.) A member of the Pool shall not contravene or fail to comply with the provisions of the Pool Agreement.
* Notified in the Commonwealth Gazette on 1st August, 1942.
4615.—Price 8d.
Distribution of petroleum products.
6.—(1.) A person, other than the Pool Petroleum Proprietary Limited, shall not distribute, sell or dispose of, by wholesale, any prescribed products, and that Company shall not, except in accordance with the provisions of the Pool Agreement, distribute, sell or dispose of, by wholesale, any prescribed products.
(2.) For the purposes of this regulation, the expression “prescribed products” means any of the following commodities, namely:—
(a) Motor spirit other than aviation gasoline, benzoline, solvents and similar products not used for automotive purposes, but including power alcohol, benzole and spirit produced locally from indigenous flow oil and shale oil;
(b) Power kerosene as from time to time defined in Customs Department General Orders;
(c) Lighting kerosene as from time to time defined in Customs Department General Orders;
(d) Distillate and gas oil used for stationary engine, marine engine and automotive purposes and any other purposes except bunkers;
(e) Diesel and furnace oil for any purpose other than for ships’ bunkers and other than oil cargoes sold on a c.i.f. basis;
but does not include—
(f) Quantities of any such commodities delivered for shipment to any place outside the Commonwealth other than quantities so delivered to the order of the Commonwealth or of any country allied with His Majesty in the present war.
THE SCHEDULE. Reg. 4.
An agreement made the ninth day of July, One thousand nine hundred and forty-two Between: Alba Petroleum Company of Australia Proprietary Limited of the first part, Atlantic Union Oil Company Limited of the second part, Australian Motorists Petrol Company Limited of the third part, Caltex Limited of the fourth part, Caltex Queensland Proprietary Limited of the fifth part, Independent Oil Industries Pty. Limited of the sixth part, Independent Oil Industries Pty. Ltd. of the seventh part, Neptune Oil Company Proprietary Limited of the eighth part, Hamilton Morton Howard Sleigh trading as H. C. Sleigh of the ninth part, The Commonwealth Oil Refineries Limited of the tenth part, The Shell Company of Australia Limited of the eleventh part, Vacuum Oil Company Proprietary Limited of the twelfth part and Edward James Hamilton of 46 Queen Street Melbourne Solicitor on behalf of the Company hereinafter mentioned of the Thirteenth part Whereas the parties of the first twelve parts (each of whom is hereinafter referred to as “a member”) severally carry on (inter alia) the business of importers and distributors of liquid fuel And whereas the Commonwealth Government of Australia has through the Minister of State for Supply and Development requested the members to pool their resources in the national interests And whereas the Company to be called “Pool Petroleum Proprietary Limited” (hereinafter referred to as “Pool”) is about to be formed under the Companies Act 1938 having for its objects among other things the adoption of this Agreement Now this agreement witnesseth that each party to this Agreement as to such party’s respective acts and deeds but not further or otherwise hereby agrees with the other parties to this Agreement jointly and severally as follows :—
prescribed products subject to the terms and conditions hereinafter stated from the date when Pool shall be ready to commence business to and until the cessation of active hostilities in which any Australian Forces are engaged in the present war with Germany Italy and Japan or any one or more of them and thereafter until this Agreement shall be terminated by any member giving to each of the other members six months’ notice in writing provided that no such termination shall take effect before the expiration of six months after such cessation of active hostilities.
With a view to avoiding unfair competition in the period of demobilization when members’ staff would not have returned to their services each member covenants with every other member to give for a period of one year from the date of such termination to every such other member every possible assistance with the object of enabling every such other member in each State Marketing Area to obtain and retain through its own marketing organization its quota of prescribed products. If any member has not in any period of three months ending the thirty-first day of March, the thirtieth day of June, the thirtieth day of September or the thirty-first day of December during such year obtained its quota of sales of any prescribed product in any State Marketing Area through its own organization (such member being hereinafter referred to as an “undertrader”) each and every one of the members who has sold quantities of such prescribed product in such State Marketing Area in excess of its quota (hereinafter referred to as an “overtrader”) will purchase and take delivery from such undertrader the quantities of the prescribed products sold by the overtrader in excess of such overtrader’s quota such quantities to be delivered duty paid in bulk ex undertrader’s ocean terminal in the State Marketing Area in which the overtrading occurred. The overtrader will pay the undertrader for such deliveries the recognised net wholesale price per gallon ruling at the ocean terminal or terminals concerned for each of the prescribed products oversold (which in the case of motor spirit will be the net price to reseller company-owned pumps) less the sum of twopence per gallon in the case of motor spirit, power kerosene and lighting kerosene and one penny per gallon in the case of distillate and gas oil and ten shillings per ton in the case of diesel and furnace oil. For the purpose of assessing the amount of overtrading or undertrading members will submit duly audited statements of sales to an independent Chartered Accountant appointed by a memorandum in writing signed by or on behalf of a three-fourths majority of members and within sixty days of the termination of each three monthly period on the direction of such Chartered Accountant overtraders will take delivery from undertraders the required quantities and make payment on delivery for same at the price determined in this clause.
“Prescribed products” means the products defined below and includes quantities of such products used by Pool and the members in its and their own businesses other than quantities used in the manufacture or blending of products not being prescribed products but does not include quantities of such products delivered for shipment to any territory outside State Marketing Areas of the Commonwealth other than quantities of such products delivered for shipment to any territory outside State Marketing Areas of the Commonwealth to the order of the Government of the Commonwealth or any other Allied Country which quantities are included in the expression “prescribed products”.
“Motor spirit” which description in addition to all imported and locally refined motor spirits includes all motor spirit produced locally from indigenous flow oil and shale oil also power alcohol benzol and other substitute liquid fuels but does not include aviation gasoline benzoline solvents and similar products not used for automotive purposes.
“Power kerosene” which description means power kerosene as from time to time defined in the Customs Department General Orders.
“Lighting kerosene” which description means lighting kerosene as from time to time defined in the Customs Department General Orders.
“Distillate and gas oil” which description means distillate and gas oil used for stationary engine marine engine and automotive purposes and any other purposes except bunkers.
“Diesel and furnace oil for inland purposes” which purposes include all purposes other than ships bunkers and oil cargoes sold on a C.I.F. basis.
“Overseas receiving terminals” mean Bulk Installations situated on the seaboard of the Commonwealth for the purpose of receiving bulk cargoes of prescribed products from tankers arriving from overseas.
“State Marketing Area” means an area in which any member or members has or have immediately prior to the execution of this Agreement been accustomed to sell dispose of or distribute prescribed products. The name and boundaries of each Marketing Area are set forth in maps signed by or on behalf of each member entitled to a quota in such Marketing Area.
“Quota” means the share of each member of the total net sales of Pool of each prescribed product in each State Marketing Area as shown in the First Schedule attached hereto.
“Net sales” includes quantities delivered by Pool to members for use in their own businesses other than quantities used in the manufacture or blending of products not being prescribed products. Such deliveries will be sold at the lowest price prevailing at point of delivery for any buyer but excluding any special price to the Government for reserve storage.
| Alba Petroleum Company of Australia Proprietary Limited........................ | 250 |
|---|---|
| Atlantic Union Oil Company Limited...................................... | 500 |
| Australian Motorists Petrol Company Limited................................ | 250 |
| Caltex Limited..................................................... | 400 |
| Caltex Queensland Proprietary Limited..................................... | 100 |
| Independent Oil Industries Pty. Limited.................................... | 150 |
| Independent Oil Industries Pty. Ltd........................................ | 100 |
| Neptune Oil Company Proprietary Limited.................................. | 250 |
| Hamilton Morton Howard Sleigh......................................... | 250 |
| The Commonwealth Oil Refineries Limited.................................. | 500 |
| The Shell Company of Australia Limited................................... | 1,250 |
| Vacuum Oil Company Proprietary Limited.................................. | 1,000 |
The voting power of the several shareholders will be as follows:—
| Alba Petroleum Company of Australia Proprietary Limited..................... | 1 | vote |
|---|---|---|
| Atlantic Union Oil Company Limited................................... | 1 | „ |
| Australian Motorists Petrol Company Limited.............................. | 1 | „ |
Caltex Limited and Caltex Queensland Proprietary Limited—
| Jointly........................................................ | 2 | „ |
|---|---|---|
| Independent Oil Industries Pty. Ltd. and Independent Oil Industries Pty. Limited—jointly........................................................ | 1 | „ |
| Neptune Oil Company Proprietary Limited................................ | 1 | „ |
| Hamilton Morton Howard Sleigh...................................... | 1 | „ |
| The Commonwealth Oil Refineries Limited............................... | 2 | „ |
| The Shell Company of Australia Limited................................. | 1 | „ |
| Vacuum Oil Company Proprietary Limited................................ | 1 | „ |
<table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><tbody><tr style="height:25.3pt"><td style="width:62.56%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-left:50.4pt; text-indent:-21.6pt; font-size:10pt"><span style="font-family:'Times New Roman', serif">Alba Petroleum Company of Australia Proprietary Limited</span><span style="width:131.14pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">.....................</span></p></td><td colspan="5" style="padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="text-align:center; font-size:10pt"><span style="font-family:'Times New Roman', serif">One Director with 1 vote</span></p></td></tr><tr style="height:1pt"><td style="width:62.56%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-left:50.4pt; text-indent:-21.6pt; font-size:10pt"><span style="font-family:'Times New Roman', serif">Atlantic Union Oil Company Limited</span><span style="width:216.66pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">...................................</span></p></td><td style="width:10.26%; padding-righ
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