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

STATUTORY RULES.

1940. No. 38.

 

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939.*

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 thereto enabling hereby make the following Regulations.

Dated this Twenty Seventh day of February, 1940.

Governor-General.

By His Excellency’s Command,

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

 

Amendments ofNational Security (Apple and Pear Acquisition) Regulations.

Definitions.

1. Regulation 3 of the National Security (Apple and Pear Acquisition) Regulations is amended by adding at the end thereof the following sub-regulation:—

“(2.) For the purposes of these Regulations the Australian Capital Territory shall be deemed to form part of the State of New South Wales.”.

Returns.

2. Regulation 13 of the National Security (Apple and Pear Acquisition) Regulations is amended by omitting the words “publication of an order describing those apples or pears shall, within fourteen days of that publication” and inserting in their stead the words “acquisition of those apples or pears by the Commonwealth shall, within fourteen days of that acquisition”.

3. After regulation 14 of the National Security (Apple and Pear Acquisition) Regulations the following regulations are inserted:—

“Use of fruit for certain purposes.

14a. Notwithstanding the acquisition of any apples and pears in pursuance of these Regulations, the grower of the apples and pears may—

(a)subject to any contrary direction of, or to any terms and conditions directed by, the Board, use any such apples and pears for his own domestic purposes; and

 

* Notified in Commonwealth Gazette on , 1940.

  Statutory Rules 1939, No. 148, as amended by Statutory Rules 1940, No. 13.

1169.—15/21.2.1940.—Price 3d.

 

(b)with the prior approval of and subject to any terms and conditions directed by the Board, use or sell such apples and pears for the purposes of canning, dehydration, juice production or other similar manufacturing or processing purposes,

and in such cases the property in the apples and pears shall revest in the grower as if they had never been acquired by the Commonwealth, and no compensation whatsoever shall be payable by the Commonwealth to the grower or to any other person in respect of those apples or pears and any compensation or advance which has been paid by the Commonwealth in respect of those apples and pears shall be recoverable by the Commonwealth as a debt due to the Crown.

“Fruit unfit for marketing.

14b.—(1.) Notwithstanding the acquisition of any apples and pears in pursuance of these Regulations, the grower of the apples and pears may, subject to any contrary direction of the Board, feed to animals, destroy or otherwise dispose of (but not sell) any apples or pears which are unfit or unsuitable for marketing for human consumption.

(2.) The grower of any apples or pears so fed to animals, destroyed or otherwise disposed of shall furnish to the Board such information (if any) in respect of those apples or pears as the Board requires.”.

No person to deal with apples and pears except as provided.

4. Regulation 15 of the National Security (Apple and Pear Acquisition) Regulations is amended—

(a) by omitting the words “in regulation 14 of” and inserting in their stead the word “by”;

(b) by omitting from paragraph (a) the word “or” (last occurring); and

(c) by adding at the end thereof the following word and paragraph:—

“; or (c) purport to sell or offer for sale, or purport to buy or offer to buy any apples or pears which are the property of the Commonwealth.”.

Compensation.

5. Regulation 17 is amended by adding at the end thereof the following sub-regulations:—

“(4.) Where any advance has been made in pursuance of sub-regulation (3.) of this regulation and any apples or pears in respect of which the advance was made are not acquired by the Commonwealth or where the amount of compensation payable in respect of the apples and pears is less than the amount of the advance, the amount of the advance or so much of that amount as is equal to the amount by which the compensation is less than the amount of the advance (as the case may be) shall be recoverable by the Commonwealth as a debt due to the Crown.

“(5.) Neither the Commonwealth nor the Board shall be bound to recognize any assignment of any amount of compensation payable under this regulation, and any payment in respect of compensation made by or on behalf of the Commonwealth to the person in respect of whose right or interest in the apples or pears the claim for compensation arose shall be a good and sufficient discharge of the Commonwealth’s liability in respect of that claim.”.

 

Power to enter and take possession of apples and pears.

6. Regulation 19 of the National Security (Apple and Pear Acquisition) Regulations is amended by omitting the words “and, if necessary for that purpose,” and inserting in their stead the words “and may seize any apples and pears which are the property of the Commonwealth and, if necessary for any of those purposes,”.

7. After regulation 26 of the National Security (Apple and Pear Acquisition) Regulations the following regulation is inserted:—

“Preservation of State laws.

26a. Nothing in these Regulations shall be construed as exempting any person from compliance with the law of any State relating to the care, preservation or cleanliness of any orchard or of any place where fruit is stored.”.

Amendment of Schedule.

8. The Schedule to the National Security (Apple and Pear Acquisition) Regulations is amended by omitting Form D. and inserting in its stead the following Form:—

 

“Form D.

Regn. 17.

National Security (Apple and Pear Acquisition) Regulations.

 

CLAIM FOR COMPENSATION WITH RESPECT TO APPLES AND PEARS ACQUIRED BY THE COMMONWEALTH AND DISPOSED OF OR DEALT WITH IN ACCORDANCE WITH REGULATION 14.

Submitted by

Name

Address

Description of apples and pears acquired by the Commonwealth in respect of which the claim is made...........................

Particulars of right or interest on which claim is based...

I, declare that, to the best of my knowledge and belief, the information given in this Return is true and correct in every particular.

Date. Signature. ”.

State Committees.

9. Regulation 3 of Statutory Rules 1940, No. 13 shall be deemed to have commenced on the date of the commencement of the National Security (Apple and Pear Acquisition) Regulations.

 

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