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

STATUTORY RULES.

1943. No. 14.

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 fourteenth day of January, 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.

Acquisition of apples and pears.

1. Regulation 12 of the National Security (Apple and Pear Acquisition) Regulations is amended by adding at the end thereof the words “, which may be made and shall be dealt with in accordance with the provisions of these Regulations”.

Compensation.

2. Regulation 17 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-regulations:—

“(1.) Upon delivery or consignment of any apples or pears in accordance with regulation 14 of these Regulations, or upon any apples or pears being disposed of or dealt with in accordance with instructions from the Board, or, where there has been no delivery or consignment and no instructions have been received from the Board, upon the expiration of a period of three months after the date of acquisition, every person having any right or interest in those apples or pears may forward to the Board a claim for compensation in accordance with Form D in the Schedule to these Regulations, and shall be entitled to be paid such amount of compensation as the Minister, after considering a recommendation of the Board, determines.

 

* Notified in the Commonwealth Gazette on January, 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; and 1942, Nos. 137, 252 and 358.

   

“(1a.) The Board, in making its recommendation, and the Minister, in making his determination, for the purposes of the preceding provisions of this regulation, shall take into consideration, amongst other things, the value which, in its or his opinion, the apples or pears would have had on the date of the acquisition if these Regulations were not, and had never been, in force.”; and

(b) by inserting after sub-regulation (3a.) the following sub-regulation:—

“(4.) Unless the Minister in special cases otherwise determines, the Commonwealth shall not be bound to pay compensation in respect of any apples or pears acquired under these Regulations unless the claim for compensation—

(a) in the case of apples or pears acquired more than three months prior to the date of commencement of this sub-regulation—has been made prior to that date;

(b)in the case of apples or pears acquired within three months prior to the date of commencement of this sub-regulation—is made within one month after that date; or

(c)in the case of apples or pears acquired after the date of commencement of this sub-regulation—is made not later than the thirty-first day of July next following the date on which the right to make a claim in accordance with sub-regulation (1.) of this regulation arose.”.

3. After regulation 17 of the National Security (Apple and Pear Acquisition) Regulations the following regulation is inserted:—

Application to Court.

“17aa.—(1.) Any person who is dissatisfied with any amount of compensation to which he is entitled in pursuance of a determination by the Minister under the last preceding regulation may, within one month after being notified of that determination, apply to—

(a)a District Court, County Court or Local Court of Full Jurisdiction in the State or Territory in which the apples or pears were immediately prior to acquisition; or

(b)if there is no such Court in that State or Territory, the Supreme Court of that State or Territory,

for a declaration as to the amount of compensation to which he is justly entitled in respect of the acquisition of the apples and pears to which the declaration relates.

“(2.) The Court to which the application is made shall hear the application and determine the amount of compensation to which the applicant is justly entitled, and that amount shall, in lieu of the amount determined by the Minister, be the compensation payable in respect of the acquisition.

 

“(3.) In making its determination the Court shall take into consideration, amongst other things, the value which, in its opinion, the apples or pears would have had on the date of the acquisition if these Regulations were not, and had never been in force.

“(4.) The decision of the Court shall be final and conclusive and without appeal to any other Court whatsoever.

“(5.) After the commencement of this regulation, compensation payable in respect of any apples or pears acquired under these Regulations (whether the acquisition took place before or after the commencement of this regulation) shall not be determined except in accordance with, and in the manner prescribed by, these Regulations, and, except as provided by these Regulations, it shall not be competent for any Court or tribunal whatsoever to hear or determine any proceeding or matter relating to the amount of compensation payable in respect of that acquisition.”.

Saving of existing proceedings.

4. Nothing in these Regulations shall affect any legal proceedings commenced prior to the date of commencement of these Regulations.

 

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