National Security (Apple and Pear Acquisition) Regulations (Amendment) (Cth)

STATUTORY RULES.

1940. No. 267.

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 sixth day of December, 1940.

Governor-General.

By His Excellency’s Command,

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

 

Amendments of National Security (Apple and Pear Acquisition) Regulations.

Definitions.

1. Regulation 3 of the National Security (Apple and Pear Acquisition) Regulations is amended—

(a) by inserting in the definition of “grower”, before the word “occupier”, the words “owner, lessee or”;

(b) by inserting after the definition of “licensed agent” the following definition:—

“‘member’, when used in relation to the Board, includes the Chairman, the Deputy Chairman and the Executive Member and, when used in relation to a committee, includes the Chairman and the Deputy Chairman of the Committee and, in both cases, includes a deputy of a member when exercising the powers and functions of that member;”; and

(c) by omitting the definition of “the Board” and inserting in its stead the following definitions:—

“‘the Board’ means the Australian Apple and Pear Marketing Board constituted under these Regulations;

‘the Chairman’ means the Chairman of the Board;”.

 

* Notified in the Commonwealth Gazette on , 1940.

  Statutory Rules 1939, No. 148, as amended by Statutory Rules 1940, Nos. 13, 38 and 60.

7509.—15/5.12.1940.—Price 5d.

 

2. Regulations 4 and 5 of the National Security (Apple and Pear Acquisition) Regulations are repealed and the following regulations inserted in their stead:—

Australian Apple and Pear Marketing Board.

“4.—(1.) For the purposes of these Regulations, there shall be an Australian Apple and Pear Marketing Board which shall consist of a Chairman, a Deputy Chairman, an Executive Member and six other members representing respectively each of the six States.

(2.) The members of the Board shall be appointed by the Minister by notice published in the Gazette, and shall hold office during the pleasure of the Minister.

(3.) In the absence of the Chairman, the Deputy Chairman shall act as Chairman, and, in the absence of both the Chairman and Deputy Chairman, the members present at any meeting may elect one of their number to be the Chairman of that meeting.

(4.) The Board may co-opt any person to attend such meetings of the Board as the Board determines, but any person so co-opted shall act in an advisory capacity only.

(5.) Any person so co-opted shall, in respect of his attendance at any meeting, be entitled to receive such fees and expenses as the Minister directs.

Australian Apple and Pear Marketing Board to be continuation of Australian Apple and Pear Board.

“5.—(1.) All things arising under these Regulations (as in force at any time prior to the commencement of this regulation) in relation to the Australian Apple and Pear Board shall be deemed to have arisen in relation to the Australian Apple and Pear Marketing Board and that Board shall, for all purposes, stand in the place of the Australian Apple and Pear Board, and all accounts, moneys, assets, books, vouchers, documents and other things whatsoever which, immediately prior to that commencement, were in the possession of the Australian Apple and Pear Board, or to the possession of which that Board was entitled, shall be transferred to the Australian Apple and Pear Marketing Board, and all actions and other proceedings pending in the name of the Australian Apple and Pear Board, or which might have been brought by or against that Board, may be continued by, or brought by or against, as the case may be, the Australian Apple and Pear Marketing Board.

(2.) Nothing in the last preceding sub-regulation shall apply in relation to any matter or thing arising by reason of the Australian Apple and Pear Board’s powers, functions or activities under the Apple and Pear Organization Act 1938 which are unconnected with the powers, functions or activities of that Board in pursuance of these Regulations.”.

Incorporation of Board.

“5a. The Board shall be a body corporate, with perpetual succession and a common seal.

Meetings of the Board.

“5b.—(1.) Meetings of the Board shall be held at such times and places as the Board from time to time determines.

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

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

 

(4.) At all meetings of the Board the Chairman shall have a deliberative vote and, in the event 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.

“5c. There shall be an Executive Committee of the Board which shall consist of the Chairman, the Deputy Chairman and the Executive member of the Board and shall have such powers and functions as the Board, subject to any direction by the Minister, determines:

Provided that nothing in this regulation shall prevent the exercise of any power or function by the Board.”.

State Committees.

3. Regulation 6 of the Rational Security (Apple and Pear Acquisition) Regulations is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulation:—

“(2.) The Committee in any State shall consist of such members as the Minister appoints by notice published in the Gazette who shall hold office during the pleasure of the Minister.”.

4. After regulation 6 of the National Security (Apple and Pear Acquisition) Regulations the following regulations are inserted:—

Deputies.

“6a.—(1.) The Minister may, in respect of each member of the Board and in respect of each member of a Committee, appoint a person to be the Deputy of that member:

Provided that the Deputy of a member of the Board who represents any State shall also be representative of that State.

(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 and functions 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.

Indemnity.

“6b. A member of the Board or of a Committee shall not be personally liable for any act of the Board or Committee or of the member acting as such.

Remuneration of members.

“6c. There shall be payable to any member of the Board or of a Committee such salaries fees and expenses as the Governor-General directs.

Appointment of officers.

“6d.—(1.) The Board may appoint such officers as are necessary to assist the Board in carrying out its functions under these Regulations.

(2.) Officers appointed in pursuance of these Regulations shall not be subject to the Commonwealth Public Service Act 1922-1939 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 or 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 these Regulations and this regulation were an Act and section specified in the Schedule to that Act.

(4.) 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.

Agents.

5. Regulation 7 of the National Security (Apple and Pear Acquisition) Regulations is amended—

(a) by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) The Board may, subject to such conditions as the Board determines, appoint any person, firm, company or State authority to be an agent of the Board and to receive and deal with apples and pears on behalf of the Commonwealth in accordance with such directions as the Board gives.”; and

(b) by omitting from sub-regulation (2.) the word “licensed”.

Growers to supply information.

6. Regulation 10 of the National Security (Apple and Pear Acquisition) Regulations is amended by omitting the word “or” (last occurring) and inserting in its stead the words “and such additional information relating to apples or pears”.

7. Regulation 14 of the National Security (Apple and Pear Acquisition) Regulations is repealed and the following regulation inserted in its stead:—

Delivery of apples and pears.

“14. Any person having in his possession, control or disposal any apples or pears acquired by the Commonwealth shall, on receipt of a notice in writing from the Board (or from or on behalf of the Chairman of a Committee) requiring him to deliver or consign those apples or pears to an agent, packing shed, cool store or any other person or place specified in the notice, deliver or consign, as the case may be, those apples or pears to the agent, packing shed, cool store or other person or place within the time and in the manner specified in the notice.”.

Fruit unfit for marketing.

8. Regulation 14b of the National Security (Apple and Pear Acquisition) Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “, destroy or otherwise dispose of (but not sell” and inserting in their stead the words “or destroy”; and

(b) by omitting from sub-regulation (2.) the words “, destroyed or otherwise disposed of” and inserting in their stead the words “or destroyed”.

No person to deliver apples and pears except as provided.

9. Regulation 15 of the National Security (Apple and Pear Acquisition) Regulations is amended by inserting in paragraph (a),after the words “possession of”, the words “, or move,”.

 

Agent to hold apples and pears.

10. Regulation 16 of the National Security (Apple and Pear Acquisition) Regulations is amended by omitting the words “A licensed” and inserting in their stead the word “An”.

Compensation.

11. Regulation 17 of the National Security (Apple and Pear Acquisition) Regulations is amended—

(a) by omitting from sub-regulation (3.) the words “acquired or proposed to be acquired by the Commonwealth” and inserting in their stead the words “which have been acquired by the Commonwealth and of which the Board has taken delivery.”; and

(b) by omitting sub-regulation (4.).

Powers of Board.

12. Regulation 23 of the National Security (Apple and Pear Acquisition) Regulations is amended by inserting after paragraph (d) the following paragraph:—

“(da) do all things necessary to encourage and extend the use of apples for canning, dehydration, juice production and other manufacturing and processing purposes;”.

Evidence.

13. Regulation 26b of the National Security (Apple and Pear Acquisition) Regulations is amended by omitting all the words after the word “apples” (first occurring) and inserting in their stead the words “and pears—

(a) the averment of the prosecution that, at the date of the commission of the offence alleged, any apples and pears had been acquired by and were the property of the Commonwealth shall be prima facie evidence of the matters so averred; and

(b) evidence that, on any particular date, a grower was not a registered grower shall be evidence that the grower had not, prior to that date, made application under these Regulations to be registered as a grower.”.

Schedule.

14. The Schedule to the National Security (Apple and Pear Acquisition) Regulations is amended by omitting Forms A and B and inserting in their stead the following Forms:—

“Regulation 9 (1.). Form A.

National Security (Apple and Pear Acquisition) Regulations.

APPLICATION FOR REGISTRATION AS A GROWER.

Full name of grower

Address

State

Location of orchard or orchards

Address of owner of orchard or orchards

I hereby apply to be registered as a grower of apples and pears under the Apple and Pear Acquisition Regulations.

Date

Signature of Applicant”.

 

“Regulation 10. Form B.

National Security (Apple and Pear Acquisition) Regulations.

STATEMENT CONTAINING PARTICULARS OF APPLES AND PEARS.

Name

Address

State

Apples.

Variety.	Plantings.		Production of Commercial Fruit.				Probable date of picking for Australian market.
	Bearing.	Non-Bearing.	Season 19 .	Season 19 .	Season 19 .	Estimated 19 .
Trees.	Trees.	Bushels.	Bushels.	Bushels.	Bushels.
Totals

Total plantings of apples acres.

Pears.

Variety.	Plantings.		Production of Commercial Fruit.				Quantity for which provision has been made for canning in 19 .	Probable date of picking for Australian market.
	Bearing.	Non-Bearing.	Season 19 .	Season 19 .	Season 19 .	Estimated 19 .
Trees.	Trees.	Bushels.	Bushels.	Bushels.	Bushels.	Bushels.
Totals

Total planting of pears acres.

Date

Signature of Grower”.

 

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