Australian Barley Board Regulations (Amendment) (Cth)

STATUTORY RULES.

1940. No. 193.

REGULATION 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, in pursuance of the powers conferred by the National Security Act 1939-1940 and all other powers me thereunto enabling, hereby make the following Regulation.

Dated this tenth day of September, 1940.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

for and on behalf of Minister of State for Defence Co-ordination.

 

Amendment of Australian Barley Board Regulations.  

After regulation 17 of the Australian Barley Board Regulations the following regulation is inserted:—

Inquiry into cases of alleged hardship.

“18a.—(1.) Where any person alleges that he has suffered undue hardship as the result of the cancellation by these Regulations of any contract, he may, within forty-two days of that cancellation or of the commencement of this regulation (whichever is the later date), submit his case in writing to the Minister or to such person as is authorized in that behalf by the Minister.

“(2.) The Minister or person authorized thereto may, if he thinks fit, refer the case to the Wheat Acquisition (Contracts Review) Tribunal constituted under the Wheat Acquisition Regulations for inquiry.

“(3.) The Tribunal shall inquire into all such cases so referred to it and shall report to the Minister—

(a) whether the applicant has suffered undue hardship as the result of the cancellation of the contract;

 

* Notified in the Commonwealth Gazette on  , 1940.

  Statutory Rules 1939, No. 128 as amended by Statutory Rules 1939, No.146.

5545.—12/4.9.1940.—Price 3d

 

(b)the extent to which that hardship is due to the cancellation of the contract;

(c) what amount, if any, would compensate the applicant for the hardship suffered as a result of that cancellation; and

(d)whether any other party to the contract (or another person who is a party to a further contract with that other party or with the applicant) has derived a benefit which he would not have derived if the contract had not been cancelled and whether it is just that that other party or person should retain that benefit.

“(4.) Where it is alleged that any other party to the contract (or another person who is a party to a further contract with that other party or with the applicant) has derived an advantage which he would not have derived if the contract had not been cancelled, the Tribunal shall not proceed with any inquiry unless that other party or person has been given an opportunity to be heard by the Tribunal.

“(5.) The Tribunal and the Justice or Judge constituting the Tribunal shall, for the purpose of any inquiry under these Regulations, have the same powers, rights, privileges, protection and immunity as it or he would have for the purpose of any inquiry under the Wheat Acquisition Regulations.”.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.