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

STATUTORY RULES.

1939. No. 148.

REGULATIONS RELATING TO THE ACQUISITION OF APPLES AND PEARS.*

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 Thirteenth day of November, 1939.

Governor-General.

By His Excellency’s Command,

for Minister of State for Defence Co-ordination.

 

National Security (Apple and Pear Acquisition) Regulations.

Short title.

1. These Regulations may be cited as the National Security (Apple and Pear Acquisition) Regulations.

Objects.

2. The purpose of these Regulations is to minimize the disorganization in the marketing of apples and pears likely to result from the impracticability of exporting sufficient quantities of apples and pears because of the effects upon shipping of the present war and these Regulations shall be administered accordingly.

Definitions.

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

“Committee” means a State Committee constituted by these Regulations;

“grower” means the occupier of an orchard of which not less than one acre is wholly or principally used for the growing of apples or pears or of apples and pears;

“licensed agent” means a person licensed by the Board to receive and deal with apples and pears on behalf of the Commonwealth;

“registered grower” means a grower or other person registered in accordance with regulation 9 of these Regulations;

“the Board” means the Australian Apple and Pear Board constituted under the Apple and Pear Organization Act 1938; and

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

 

* Notified in the Commonwealth Gazette on , 1939

6426.—25/10.11.1939.—Price 8d.

Application of Apple and Pear Organization Act.

4.—(1.) The provisions of the Apple and Pear Organization Act 1938 relating to the appointment of deputies of members of the Board, the conduct and procedure at meetings of the Board, the appointment of officers of the Board, and the remuneration of members and officers of the Board shall apply in respect of any duties, powers or functions vested in or exercised by the Board, or any member or officer of the Board by or in pursuance of these Regulations as if those duties, powers or functions were so vested or exercised by or in pursuance of the Apple and Pear Organization Act 1938 :

Provided that any expenditure thereby incurred may be made from moneys received or raised in pursuance of these Regulations.

(2.) In addition to any fees and expenses which may be paid to the Chairman of the Board under the Apple and Pear Organization Act 1938 he shall also receive a salary at such rate as the Governor-General directs.

Appointment ofMarketingCommittee.

5.—(1.) The Minister may appoint a Marketing Committee consisting of the Chairman of the Board, the Member of the Board representing the Commonwealth Government, and six other members of the Board who shall respectively represent each of the six States.

(2.) Subject to any directions by the Minister or by the Board, the Marketing Committee shall have and may exercise all the powers and functions of the Board.

(3.) The Marketing Committee may delegate to the Chairman of the Board, acting either alone or in conjunction with another member or other members of the Marketing Committee, all or any of its powers and functions under these Regulations other than this power of delegation.

(4.) Nothing in sub-regulation (2.) or (3.) of these Regulations shall prevent the exercise of any power or function by the Board or the Marketing Committee of any power or function vested in the Board or the Marketing Committee, as the case may be, by or under these Regulations.

StateCommittees.

6.—(1.) For the purposes of these Regulations there shall be a Committee appointed for each State.

(2.) The Committee in any State shall consist of the members of the Board representative of interests in that State and such other members as the Minister appoints by notice published in the Gazette who shall hold office during the pleasure of the Minister.

(3.) A Committee shall have such powers and functions as these Regulations confer or as the Board thinks fit but shall exercise all those powers and functions subject to any direction which the Board may give.

(4.) The Minister may appoint one of the members to be the Chairman of a Committee and another member to be the Deputy Chairman.

(5.) In the absence of the Chairman and Deputy Chairman of a Committee the members present at any meeting may elect one of their number to be the Chairman of that meeting.

(6.) At any meeting of a Committee a majority of the members of the Committee shall constitute a quorum.

(7.) At any meeting of a Committee the Chairman shall have a deliberative vote only.

(8.) All questions before a Committee shall be decided by a majority of votes.

(9.) The Chairman of the Board, or any member of the Board authorized by him, shall have the right to attend and take part in the proceedings of any meeting of a Committee but shall not vote or be counted in any quorum.

(10.) A Committee may co-opt any person to attend such meetings of the Committee as the Committee determines.

Licensed agents.

7.—(1.) The Board may license, subject to such conditions as are specified in the licence, any person, firm, company or State authority to receive and deal with apples and pears on behalf of the Commonwealth and may cancel or suspend any such licence.

(2.) There shall be payable to any licensed agent, as remuneration for his services and for any facilities made available by him for the storage, protection, treatment, handling transfer and shipment of any apples or pears and for expenses properly incurred by him, such amount as the Minister from time to time determines.

Overseasagents.

8. The Board may, subject to the approval of the Minister, enter into any agreement with any person, company or governmental authority in any place outside Australia, providing for that person, company or authority to act as the agent of the Board in respect of such matters and for such remuneration as is provided in the agreement.

Growers to register.

9.—(1.) Any person who grows any apples or pears may and every grower shall make application to the Board in accordance with Form A in the Schedule to these Regulations to be registered as a grower, and the Board may register that person or grower accordingly.

(2.) Every person who is a grower at the date of the commencement of these Regulations shall make application in accordance with sub-regulation (1.) of this regulation on or before the thirtieth day of November, One thousand nine hundred and thirty-nine, and every person who becomes a grower after the date of the commencement of these Regulations shall make application in accordance with that sub-regulation within one month of his becoming a grower.

(3.) Any grower who fails to make application for registration within the time prescribed in sub-regulation (2.) of this regulation shall, after the expiration of that time, be guilty of a further failure to comply with the provisions of this regulation for every day on which his failure to make application continues.

Growers to supplyinformation.

10. Every grower or other person shall, when making application; for registration and at such other time as the Board requires, forward to the Board a return in accordance with Form B in the Schedule to these Regulations containing such information as is specified in that Form or as the Board requires.

Prohibition of sales of apples and pears not grown by registered grower.

11. No person shall, on or after the first day of March, One thousand nine hundred and forty, sell or offer for sale any apples or pears other than apples or pears which have been grown by a registered grower.

Acquisition of apples and pears.

12. The Minister may, from time to time, by order published in the Gazette, declare that any apples and pears described in the order are acquired by the Commonwealth and those apples and pears shall thereupon become the absolute property of the Commonwealth, freed from all mortgages, charges, liens, pledges, interests and trusts affecting those apples or pears, and the rights and interests of every person in those apples or pears (including any rights or interests arising in respect of any moneys advanced in respect of those apples or pears) are hereby converted into claims for compensation.

Returns.

13. All persons having apples or pears acquired by the Commonwealth in their possession, control or disposal on the date of the publication of an order describing those apples or pears shall, within fourteen days of that publication, furnish to the Board a return in accordance with Form C in the Schedule to these Regulations.

Delivery of apples and pears.

14. Any person having apples or pears acquired by the Commonwealth in his possession, control or disposal shall, on receipt of a notice in writing from the Board (or from or on behalf of the Chairman of a Committee authorized in that behalf by the Board) requiring him to deliver or consign those apples or pears to a licensed agent specified in the notice, deliver or consign (as the case may be) those apples or pears to that licensed agent within the time and in the manner specified in the notice.

No person to deliver apples and pears except as provided.

15. Except as provided in regulation 14 of these Regulations, or with the consent of the Board, no person shall—

(a) part with the possession of any apples or pears acquired by the Commonwealth which are held in his possession; or

(b) take into his possession any apples or pears which are the property of the Commonwealth.

Licensed agent to hold apples and pears.

16. A licensed agent shall hold all apples or pears acquired by the Commonwealth, which are at any time in his possession, on behalf of the Commonwealth, and shall not part with the possession of any such apples or pears except in accordance with instructions from the Board or from or on behalf of the Chairman of a Committee authorized in that behalf by the Board.

Compensation.

17.—(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 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, on the recommendation of the Board, determines.

(2.) It shall not be necessary for the Minister to make a determination in pursuance of sub-regulation (1.) of this regulation until, in his opinion, a sufficient quantity of any apples or pears acquired by the Commonwealth has been disposed of to enable the Board to make a just recommendation.

(3.) The Minister may, in his absolute discretion, make advances to any grower or to any person having any right or interest in the crop of any grower, in respect of any apples or pears acquired or proposed to be acquired by the Commonwealth.

Contracts for sale of apples and pears.

18.—(1.) Every contract relating to the sale of any apples or pears acquired by the Commonwealth, entered into before the acquisition of those apples or pears, is hereby declared to be void and of no effect in so far as that contract has not been completed by delivery.

(2.) Any transaction or contract with respect to any apples or pears which is the subject matter of any contract or part of a contract which is hereby declared to be void shall also be void and of no effect, and any money paid in respect of any contract hereby made void or of any such transaction shall be repaid.

(3.) No action for the enforcement or for damages for breach of any contract of the kind specified in sub-regulation (1.) or (2.) of this regulation, whether the contract was entered into or is to be be performed in Australia or elsewhere, shall, in so far as that contract has not been completed by delivery prior to the acquisition of those apples or pears, be brought in any Federal or State Court or Court of a Territory under the authority of the Commonwealth.

Power to enter and search, for apples and pears.

19. Any member of the Police Force of the Commonwealth or of a State or Territory authorized so to do by the Board or by a Committee may, at any time in the day or night, enter and search any premises or vessel, or part thereof, where any apples or pears acquired by the Commonwealth are or are suspected to be and, if necessary for that purpose, may break into and use force to enter such premises or vessel or part.

Inspection of stocks, books, &c.

20. For the purposes of these Regulations, any person thereto authorized by the Board may, at all reasonable times, enter any premises and inspect any stocks of apples or pears and any accounts, books and documents relating to any apples or pears.

Proper care ofCommonwealth apples and pears to be taken.

21. Any person having any apples or pears the property of the Commonwealth in his possession or under his care shall exercise proper care and take all proper and reasonable precautions and do all things necessary to preserve and safeguard those apples or pears and to keep them free from any damage or deterioration whatsoever.

Dealings in apples and pears by Commonwealth.

22. The Commonwealth may purchase any apples or pears and may use or sell or otherwise dispose of any apples or pears acquired or purchased by it as it deems necessary for carrying out the objects of these Regulations.

Powers of Board.

23. On behalf of the Commonwealth and subject to any directions of the Minister, the Board may—

(a) purchase any apples and pears;

(b) sell or dispose of any apples or pears acquired or purchased by the Commonwealth;

(c) manage and control all matters connected with the handling, storage, protection, treatment, transfer or shipment of any apples or pears acquired by the Commonwealth or sold or disposed of by the Commonwealth or by the Board on behalf of the Commonwealth;

(d) inspect or arrange for the inspection of any apples or pears or of any orchard on which there are trees capable of bearing apples and pears;

(e) do all things necessary by publicity, research or other means for the purpose of increasing and extending the consumption of apples and pears throughout Australia; and

(f) do all matters which it is required by these Regulations to do or which are necessary or convenient for giving effect to these Regulations.

Finance.

24.—(1.) The Board shall open and maintain an account at the Commonwealth Bank of Australia into which it shall pay all moneys received in respect of sales of apples or pears or otherwise, and any moneys appropriated by the Parliament or borrowed by the Minister for use by the Board on behalf of the Commonwealth.

(2.) Out of the moneys standing to the credit of the account the Board shall defray all costs and expenses of administering these Regulations and make all payments in respect of compensation and any other payments authorized to be made by these Regulations.

(3.) The accounts of the Board shall show separately the receipts and payments in respect of apples and in respect of pears.

(4.) The accounts of the Board shall be subject to audit by the Auditor-General.

ArrangementwithCommonwealth Bank for advances.

25. The Minister may arrange with the Commonwealth Bank of Australia for the making by that Bank of advances to the Commonwealth for use on its behalf by the Board for the purposes of these Regulations, and may guarantee to that Bank the repayment, out of moneys lawfully made available by the Parliament, of any advance made by the Bank in pursuance of the arrangement.

False returns.

26. Any person who furnishes any return required to be furnished by these Regulations which is false in any particular shall be guilty of an offence against the National Security Act 1939.

Application of Acts Interpretation Act 1901-1937, s, 29.

27. Section twenty-nine of the Acts Interpretation Act 1901-1937 shall apply to any reference in these Regulations to the receipt of any notice as if that reference were to the giving of any notice.

 

THE SCHEDULE.

 

Form A.

Regulation 9.

National Security (Apple and Pear Acquisition) Regulations.

APPLICATION FOR REGISTRATION AS A GROWER.

Name of Grower

Address

State

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

Date

Signature of Applicant.

 

This application must be accompanied by Form B.

Occupiers of orchards of which not less than one acre is wholly or principally used for the growing of apples or pears must make application for registration on or before 30th November, 1939.

The Schedule—continued.

Form B

Regulation 10.

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 1937.	Season 1938.	Season 1939.	Estimated 1940.
Totals...........	Trees.	Trees.	Bushels.	Bushels.	Bushels.	Bushels.

Total plantings of apples acres.

Pears.

Variety.	Plantings.		Production of Commercial Fruit.				Quantity for which provision has been made for canning in 1940.	Probable date of picking for Australian market.
	Bearing.	Non- Bearing.	Season 1937.	Season 1938.	Season 1939.	Estimated 1940.
Trees.	Trees.	Bushels.	Bushels.	Bushels.	Bushels.	Bushels.
Totals..

Total planting of pears acres.

Date

Signature of Grower.

The Schedule—continued.

Form C.

Regulation 13.

National Security (Apple and Pear Acquisition) Regulations.

PARTICULARS OF APPLES AND PEARS ACQUIRED BY THE COMMONWEALTH WHICH ARE IN THE POSSESSION, CONTROL OR DISPOSAL OF THE PERSON MAKING THE RETURN ON

Name

Address

State

Apples.

Variety.	Quantity.
Total.....................................................	Bushels.

Pears.

Variety.	Quantity.
Bushels.
Total.....................................................

Date

Signature.

This return must be furnished, within fourteen days of acquisition of the apples or pears by the Commonwealth.

The Schedule—continued.

Form D

Regulation 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 17.

Name

Address

State

Apples.

Variety.	Quantity.	Grade.	Size,	Name and address of licensed agent to whom apples or pears have been delivered or consigned.	Date of delivery or consignment.	Licensed Agent’s Receipt No.	Particulars of right or interest on which claim is based.
bushels.
Apples.
Total
Pears
Total

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.

 

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