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

STATUTORY RULES.

1943. No. 46.

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, hereby make the following Regulations under the National Security Act 1939-1940.

Dated this twenty-fifth day of February, 1943.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

for and on behalf of the Minister of State for Defence.

 

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

1. After regulation 1 of the National Security (Apple and Pear Acquisition) Regulations the following regulation is inserted:—

Administration

“1a. These Regulations shall be administered by the Minister of State for Commerce and Agriculture.”.

Definitions.

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

(a) by inserting before the definition of “agent” the following definition:—

“‘Advisory Committee’ means an Advisory Committee constituted under these Regulations;”;

(b) by omitting the definition of “Committee”;

(c) by inserting in the definition of “member”, before the word “Committee” (first occurring), the word “State”;

(d) by inserting after the definition of “registered grower” the following definition:—

“‘State Committee’ means a State Committee constituted under these Regulations;”; and

(e) by inserting in the definition of “the Minister”, after the word “Commerce”, the words “and Agriculture”.

 

* Notified in the Commonwealth Gazette on February, 1943.

  Statutory Rules 1939, No. 148, as amended by Statutory Rules 1940, Nos. 13, 38, 60, 276, 283 and 295; 1941, Nos. 79, 273 and 316; 1942. Nos. 137, 252, 358, 379; and 1943, No. 14.

Advisory Council.

3. Regulation 5c of the National Security (Apple and Pear Acquisition) Regulations is repealed.

4. Regulation 6 of the National Security (Apple and Pear Acquisition) Regulations is repealed and the following regulation inserted in its stead:—

State Committees.

“6.—(1.) The Minister may, for the purposes of these Regulations, constitute a State Committee for any State.

“(2.) A State Committee shall consist of such number of members as the Minister thinks fit.

“(3.) The members of a State Committee shall be appointed by the Minister and shall hold office during his pleasure.

“(4.) A State Committer shall have such powers and functions as are conferred upon it by these Regulations or as the Board determines.

“(5.) Each State Committee shall exercise all its powers and functions subject to any directions of the Board.

“(6.) Each State Committee shall elect one of its members to be the Chairman of the Committee and another member to be the Deputy Chairman.

“(7.) In the absence of the Chairman and Deputy Chairman from any meeting of a State Committee, the members present may appoint one of their number to preside at that meeting.

“(8.) At any meeting of a State Committee, a majority of the members thereof shall constitute a quorum.

“(9.) At any meeting of a State Committee, the person presiding shall have a deliberative vote only.

“(10.) All questions before a State Committee shall be decided by a majority of votes.

“(11.) The Chairman of the Board or (subject to any contrary direction of the Chairman of the Board) the Deputy Chairman of the Board, or any person authorized by the Chairman of the Board or (subject to any contrary direction of the Chairman of the Board) by the Deputy Chairman of the Board, shall have the right to attend and take part in the proceedings of any meeting of a State Committee, but shall not vote or be included in any quorum.

“(12.) A State Committee may co-opt any person to attend a meeting of the Committee but any person so co-opted shall act in any advisory capacity only.

“(13.) The Minister may direct that any person so co-opted shall, in respect of his attendance at a meeting of a State Committee, receive such fees and expenses as the Minister thinks fit and the person shall thereupon be entitled to receive fees and expenses accordingly.”.

Deputies.

5. Regulation 6a of the National Security (Apple and Pear Acquisition) Regulations is amended by inserting in sub-regulation (1.), before the word “Committee”, the word “State”.

Indemnity.

6. Regulations 6b and 6c of the National Security (Apple and Pear Acquisition) Regulations are repealed and the following regulations inserted in their stead:—

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

Advisory Committees.

“6ba.—(1.) The Board may, for the purposes of these Regulations, constitute such Advisory Committees as it thinks fit.

“(2.) An Advisory Committee shall consist of such number of members as the Board thinks fit.

“(3.) The members of an Advisory Committee shall be appointed by the Board and shall hold office during the pleasure of the Board.

“(4.) An Advisory Committee shall advise the Board on such matters as the Board refers to it for advice.

Remuneration of members of Board, &c.

“6c. There shall be payable to each member of the Board, of a State Committee or of an Advisory Committee such salary, fees and expenses as the Governor-General directs.”.

7. After regulation 11 of the National Security (Apple and Pear Acquisition) Regulations the following regulation is inserted:—

Minister may provide that certain Regulations shall not apply in certain States.

“11a. The Minister may, by order published in the Gazette, provide that the provisions of regulations 9, 10 and 11 of these Regulations shall not apply in such States and Territories of the Commonwealth as are specified in the order.”.

Delivery of apples and pears.

8. Regulation 14 of the National Security (Apple and Pear Acquisition) Regulations is amended by inserting before the word “Committee “(wherever occurring) the word “State”.

Agents to hold apples and pears.

9. Regulation 16 of the National Security (Apple and Pear Acquisition) Regulations is amended by inserting before the word “Committee” the word “State”.

Compensation.

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

(a) by inserting after sub-regulation (1a.) the following sub-regulation:—

“(1b.) The Board may, if it thinks fit, accept a claim for compensation otherwise than in accordance with Form D.”; and

(b) by omitting sub-regulation (4.) and inserting in its stead the following sub-regulation:—

“(4.) Unless the Minister in special cases otherwise determines, a claim for compensation in respect of any apples or pears acquired under these Regulations shall be made—

(a) in the case of apples or pears acquired on or before the thirty-first day of December, 1942—prior to the thirtieth day of June, 1943; or

(b) in the case of apples or pears acquired on or after the first day of January, 1943—not later than the thirtieth day of September, next following the date on which the right to make a claim in accordance with sub-regulation (1.) of this regulation arose.”.

Power to enter and search for apples and pears.

11. Regulation 19 of the National Security (Apple and Pear Acquisition) Regulations is amended by inserting before the word “Committee” the word “State”.

Inspection of stocks, books, &c.

12. Regulation 20 of the National Security (Apple and Pear Acquisition) Regulations is amended—

(a) by inserting before the word “Committee” the word “State”; and

(b) by adding at the end thereof the following sub-regulations:—

“(2.) The Board, the Chairman, the Deputy Chairman or the Chairman of a Committee may require any person to furnish to the person specified in the requirement such information relating to apples or pears as the person so specified requires and to produce all books, documents and other papers in his custody or under his control relating thereto.

“(3.) A person shall not—

(a) refuse or fail to comply with any requirement made under the last preceding sub-regulation; or

(b) with intent to evade the provisions of these Regulations, destroy, mutilate, deface, secrete or remove any book, document or other paper.”.

Conditions governing further sales of apples or pears.

13.—(1.) Regulation 23b of the National Security (Apple and Pear Acquisition) Regulations is amended by inserting in sub-regulation (4.) after the word “pears” (first occurring) the words “which were previously acquired by the Commonwealth”.

(2.) Any person who, prior to the amendment effected by the last preceding sub-regulation, was required by sub-regulation (4.) of regulation 23b of the National Security (Apple and Pear Acquisition) Regulations to preserve any dockets, invoices or documents shall continue to preserve them until six months after the termination of the present war or until their destruction is authorized by the Australian Apple and Pear Marketing Board, whichever first happens.

 

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