Australian Barley Board Regulations (Cth)

STATUTORY RULES.

1939. No. 128.

REGULATIONS RELATING TO THE ESTABLISHMENT OF AN AUSTRALIAN BARLEY BOARD.*

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 and all other powers me thereunto enabling, hereby make the following Regulations.

Dated this Twenty Eighth day of October, 1939.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

GEORGE McLEAY

for Minister of State for Defence.

 

Australian Barley Board Regulations.

Short title.

1. These Regulations may be cited as the Australian Barley Board Regulations.

Definitions.

2. In these Regulations, unless the contrary intention appears—

“the Board” means the Australian Barley Board constituted by these Regulations; and

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

Australian Barley Board.

3.—(1.) For the purpose of advising the Commonwealth on matters concerning any regulation or control of the barley industry which may be necessitated by the effects of the present war upon that industry, there shall be an Australian Barley Board, the head-quarters of which shall be in Adelaide.

(2.) The Board shall consist of—

(a) one person representing the Commonwealth Government;

(b) one person representing the malsters of Australia;

(c) one person representing the barley exporters of Australia;

(d) three persons representing the barley growers of Australia; and

(e) one person representing the brewers of Australia;

who shall be appointed by the Minister by notice published in the Gazette and who shall hold office during the pleasure of the Minister.

(3.) The person appointed to represent the Commonwealth Government shall be the Chairman of the Board.

(4.) In the absence of the Chairman of the Board the members present at any meeting may elect one of their number to be the Chairman of that meeting.

* Notified in the Commonwealth Gazette on , 1939

6055.—20/27.10.1939.—Price 3d.

Incorporation of Board.

4. The Board shall be a body corporate, with perpetual succession and a common seal.

Deputies of members.

5.—(1.) The Minister may, in respect of each member of the Board, appoint a person representative of the same interests as the member, to be the deputy of that member.

(2.) Any person so appointed shall, in the event of the illness or absence of the member of whom he is the deputy, have all the powers of that member during his illness or absence.

(3.) No such appointment of a deputy and no acts done by him as such, shall in any proceedings be questioned on the ground that the occasion for his appointment had not arisen or had ceased.

Meetings of the Board.

6.—(1.) Meetings of the Board shall be held at such times and places as the Board from time to time determines.

(2.) The Chairman of the Board, or any four members thereof, may at any time call a special meeting of the Board.

(3.) At all meetings of the Board four members shall form a quorum.

(4.) At all meetings of the Board the Chairman shall have a deliberative vote and, in the case of an equality of votes, shall also have a casting vote.

(5.) All questions before the Board shall be decided by a majority of votes.

(6.) The Board shall keep a record of its proceedings.

Executive Committee.

7. The Board may appoint any number of its members to be an Executive Committee and may delegate to that Committee such of its powers and functions as the Board, subject to any direction by the Minister, determines:

Provided that no such delegation shall prevent the exercise of any power or function by the Board.

Indemnity.

8. A member of the Board shall not be personally liable for any act of the Board or of the member acting as such.

Appointment of officers.

9.—(1.) The Board may appoint such officers as are necessary to assist the Board or a Committee in carrying out its functions under these Regulations.

(2.) Officers appointed in pursuance of this regulation shall not be subject to the Commonwealth Public Service Act 1922-1937 and shall hold office during the pleasure of the Board.

(3.) Where an officer appointed in pursuance of this regulation was, immediately prior to his appointment, an officer of the Public Service of the Commonwealth, his service as an officer of the Board shall, for the purpose of determining his existing and accruing rights, be taken into account as if it were service in the Public Service of the Commonwealth, and the Officers’ Rights Declaration Act 1928-1933 shall apply as if this regulation had been specified in the Schedule to that Act.

 

(4.) The salaries and allowances of officers appointed in pursuance of this regulation shall be as directed by the Minister except where the sum of the salary and allowances payable to an officer during any year is to exceed Five hundred pounds in which case the salary and allowances shall be as directed by the Governor-General.

Fees and expenses.

10. There shall be payable to any member of the Board such salaries, fees and expenses as the Governor-General may direct.

 

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