National Security (Australian Meat industry Commission) Regulations (Cth)

STATUTORY RULES-

1942. No. .

R E G U L A T I O N S U N D E R T H E N A T I O N A L S E C U R I T Y

.. ACT 1939-1940.*

THE/V G O V E R N O R - G E N E R A L in and over the Commonwealth

I ,

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

day of £j/<S^xy , 1942.

g; Governor-General,

B y His Excellency's Command,

for and on iJeHfalf of the Minister of

State for Defence.

NATIONAL SECURITY (AUSTRALIAN MEAT INDUSTRY COMMISSION)

REGULATIONS.

1. These Regulations may be cited as the National Security (Aus- citation,

t ral ian Meat Indust ry Commission) Regulations.

2. These Regulations shall be administered by the Minister of Administration.

State for Commerce.

3. Subject to these Regulations, the National Security (Meat Continuance o f Indust ry) Regulations shall continue in force, but the Commission security (Meat may give directions to the Meat Canning Committee established under Regulations,

those Regulations in connexion with the exercise of any of that Com­ mittee's powers and functions, and that Committee shall comply with those directions.

4. The object of these Regulations is to secure in Australia the object,

production of stock and the supply of fresh, frozen, canned and dehydrated meat in sufficient quantities to meet the essential needs of the fighting services of the Commonwealth, of allied forces in Aus­ tralia or elsewhere, and of the civil community of Australia, and to provide an export surplus for the purpose of contributing towards the meat supplies of the United Kingdom and of the fighting services of the Commonwealth and allied forces overseas, and these Regulations shall be administered accordingly.

* Notified in the Commonwealth Gazette on , 1942.

6 6 0 1. — P B I C E 8D. 2 5 / 2 7. 1 0. 1 9 4 2.

5. In these Regulations, unless the contrary intention appears- Definitions.

"Deputy Oontroller" means a Deputy Controller of Meat

Supplies appointed under th€se Regulations;

"licence" means a licence granted under regulation 17 of these

Regulations;

" licensee" means the holder of a licence ;

" mea t" means the flesh, whether fresh or preserved, of any

stock intended for human or animal consumption or for

fertilizer, and includes canned or dehydrated meat;

"reg-ional area" means any area established by or under

regulation 6 of ,these Regulations as a regional area;

" stock" means cattle, sheep or pigs;

"the Oommission" means the Australian Meat Industry Com-

mission constituted under these Regulations; and

"the Controller " means the Controller of Meat Supplies

appointed under these Regulations.

6.-(1.) ,subject to sub-regulation (2.) of this regulation, each Regional areas.

State and each Territory of the Commonwealth shall be a regional area for the purposes of these Regulations.

(2.) The Minister may direct that the whole or any part of any Territory of the Commonwealth shall, for the purposes of these Regulations, form part of a regional area constituted by a State, and, thereupon, the whole or part, as the case may be, of that Territory shall, for the purposes of these Regulations, form part of the regional area constituted by that State.

7.-(1.) For the purposes of these Regulations there shall be an Oonstttutton

Australian Meat Industry Commission, which shall be a body corporate ~e~n;;~~:t~y

with perpetual succession and a common seal. Commisslon.

(2.) The Commission shall consist of-

(a) a representative of the Department of Oommerce, who shall

be 'Chairman of the Oommission;

(b) a representative of the Commonwealth Governrnent, who

shall be Deputy Ohairman of the Cornrnission ;

(c) the Commonwealth Prices Oommissioner; ~

(d) a representative of the Department of Supply and I)OI'iiJ'OIP- rf

~;

(e) a representative of the Department of War Organization

of Industry;

(f) a representative of the Rationing Oommission;

(g) a representativ-e of country meat works and country

slaughtering establishments;

(h) a representative of meat exporters and meat canners;

(i) a representative of employees in the meat industry; and

(J) three members representing respectively protlucers vof beef,

producers of pig-meats and producers of mutton and lamb.

(3.) The members of the Oommission (other than the Common-

wealth Prices Comrnissioner ) shall be appointed by the Minister by

notice published in the Gazette, and shall hold office during the pleasure

of the Minister.

(4.) A vacancy in the office of a member of the Oommission shall not invalidate the proceedings of the Oommission.

8.-(1.) tA member of the Commission may, subject to the approval Deputies of

of the Minister, appoint a person to be his deputy.	members.
(2.) A deputy appointed in pursuance of this 'regulation shall, in the event of the inabilityof the member of whom he is the deputy to attend any meeting of the Commission, be entitled to attend that meet- ing and shall, in relation to that meeting, have all the powers of that member, and shall be counted in the place of that member for the purposes of any quorum.

9.-(1.) The Ohairman of the Commission shall preside at all Chairman.

meetings at which he is present,and, in the event of his absence, the

Deputy Chairman shall preside.

(2.) In the absence of the Chairman and the Deputy Chairman from any meeting of the Commission the members present shall elect one of their number to preside.

10.-(1.) The Commission shall meet at such times and places as Meetings of

The Chairman from time to time determines.	the Commission.
(2.) At any meeting of the Commission the member presiding and seven other members shall form a quorum.
(3.) All questions arising at any meeting of the Commission shall be decided by a majority of the votes of the members present.
(4.) The member presiding at a meeting shall have a deliberative vote and, in the case of an equality of votes, shall also have a casting vote.

(5.) The Commission shall keep a record of its proceedings.

(6.) The Commission may, subject to these Regulations, make

by-laws for regulating its proceedings.

11. Notwithstanding anything contained in these Regulations (other General

than sub-regulation (2.) of regulation 39) but subject to any directions F::Ct~:.ngf

and control of the meat industry and meat trade, and, in particular, for or in relation to the regulation and control of the production, supply, treatment, storage, distribution, sale, use and consumption of stock and meat.

of the Minister, the Commission shall, without prejudice to any other Commission.

powers conferred on it by these Regulations or delegated to it by the

12.-(1.) The Commission may,by writing under its seal, delegate Dcelega.tl~n by

any 0 Its powers an unctions un er t ese egu ations In re ation to f. d f'uncti d h R Iati . I' omrmssion.

any matters or class of matters, or to any locality, so that the delegated powers and functions may be exercised by the delegate as fully and effectually as by the Commission, with respect to the matters or class of matters specified,or the locality defined, in the instrument of delegation.

(2.) Every delegation in pursuance of the last preceding sub- regulation shall be revocable at will ,by the Commission, by writing under its seal, and no delegation shall prevent the exercise of any power or function by the Commission,

13.-(1.) For the purposes of these Regulations there shall be- Controller of Meat Supplies

(a) a Controller of 'Meat Supplies, who shall be the member of and Deputy h 0 .. . h D t t f 0 Controller.

t e ' ommission representing t e	epar men	0	om-
rnerce; and.

(b) a Deputy Oontrollerof Meat Supplies for each regional area consisting of, or including, a State, who shall be appointed by the Minister on such terms and conditions as the Minister determines.

(2.) Subject to any directions of the Minister and of the Comrnis- sion, the Controller shall have such po,\'ers and f uncticmsas are conferred on him by these Regulations or are delegated to him by the Minister or the Commission.

(3.) A Deputy Controller shall assist the Controller as directed by him in relation to matters arising in the regional area in respect of which the Deputy Controller is appointed.

14. ,subject to these Regulations and to any order or direction of Orders relating

the Minister made or given in pursuance of these Regulations- ~~ ~t:~Oc~~ction

(a) in the case of a regional area constituted by a State, or by a State together with the whole or part of any Territory of the Oommonwealth-the Governor in Council of that

State; and

(b) in the caseofa regional area constituted by the whole or

part ·01' any Territory or Territories of the Commonwealth

-the Minister,

may make orders for the purpose of ensuring- the adequate provision, for the purposes of these Regulations, in that regional area of stock and, without limiting the generality of the foregoing provisions of this regulation, for providing, in relation to that regional area, £01' one or more or all of the following:,---

(i) The registration of the producers of any stock;

(ii) The distribution of stock-feeds made available by the

Minister or provided under any national scheme of fodder conservation or supplementary feeding;

(iii) The stimulation, regulation or restriction of production of

stock; and

(iv) The control -0£ the movement of stock within the regional

area.

15.N otwithstanding anything c-ontained in any law of any State or Minister may

Territory of the Oommonwealth, the Minister may, .by order in writing, ~~1e~:~~~,~;

or by order published in the Gazette, require any person who produc~s of stock.

or has control ·ofanystock to supply and deliver to the Minister or to a

perso~ specified in the order, at such marketing place, slaughtering

estabhs,hment or othe.r place, Il:nd in such condition, as is so specified,

such of the stock as IS so specified, and that person shall, within such

period as is specified in the order, supply and deliver that stock

accordingly.

16. T~e Minister may, by1 hordeI'. publishTed i~ the G azhette declare ~~e~t:,°lled

any area in the Commonwea t, or many errrtory 0 t e fO' ommon- wealth to be a controlled area for the purposes of these Regulations, and may, by the same order, or by a separate or~er, make provision .for the regulation and control of the production, storage, canning, processing, marketing and distribution of meat in the controlled area.

17. The Minister may notify the proprietor of any abattoirs or Reglstratdon of

other establishment where stock is slaughtered that the establishment ~~~~tt;h:e'hts.

has been registered for the purposes of these Regulations, and that

establishment shall thereupon become a regis.tered establishment for the

purposes of these Regulations.

18.-(1.) The proprietor of any registered establishment, and any Slaughtering

person who slaughters stock,or on whose behalf stock are slaughtered, licences.

at a registered establishment, may apply to the Minister, in a form

approved by him, for a slaughtering licence.

(2.) The Minister may grant to any such person a slaughtering licence in such form as he thinks £it,or may refuse the application.

(3.) A licence under this regulation may contain such conditions and restrictions as the Minister thinks fit,

(4.) The Minister may at any time revoke any licence under this

regulation.

(5.) A licensee shall not fail to observe and comply with the conditions and restrictions contained in the licence.

19. A person shan not, in a controlled area, slaughter, or cause to .be S.tock not to

slaughtered, stock for the production of meat for sale for. human ~it~~~f~tered

consumption in any form except- licence.

( a) in pursuance of a licence held by him; or

(b) on behalf of a licensee in accordance with the terms and

conditions of the licence.

20. The Minister may require the proprietor of a registered establish- Minister may

the Minister directs, the prices at which that registered establishment to publish ment, or a licensee who slaughters stock, to publish, in such manner as ~~(~ll~hments

1· '11 1 h herwi k prices.

or icensee wi s aug tel' or otherwise treat stoc or meat on owner's

account on a weight and grade basis.

21. Except with the approval of the Controller, or by his direction, Transport of

a person shall not transport any meat in a regional area from an meat.

uncontrolled area into a controlled area.

22. The Minister may, from time to time, by order published in Requisition of

the Gazette, make provision for the acquisition by the Commonwealth meat.

o.f all meat deseri?ed in the order, whether by reference to any con-

tmgency or otherwise, and such meat shall, by force of and in accordance

with the provisions of the order, become the absolute property of the

~ommonwealth, freed from all mortgages, charges, liens, pledges,

interests and trusts a:ffectmg such meat, and the rights and interests of every person in such meat (including any rights or interests arising in respect ofany moneys advanced in respect of such meat) shall thereupon he converted into claims for compensation.

23. Any person having in his possession, control or disposal any Delivery of . f .. meat

meat acquired by the Oommonwea t sa, on receipt 0 a notice III 1 h h 11 •

writing from the Commission, t~e Controller or a Deputy Controller requiring him to deliver or consign that meat to any persons or place specified in the notice, deliver or consign, as the case may he, that meat, packed and prepared in the manner specified in the notice, to the person Or place and within the time and in the manner specified in the notice.

24. Except as provided by these Regulations, or with the consent of No person to

the Commission or of the Controller, a person shall not- ~~~~\;:~hmeat

(a) part with the possession or custody of, Or move, any meat ~~g~fJe'd.

acquired by the Commonwealth which is held in his

possession or custody;

(b) take into his possession or custody any meat which is the

property of the Commonwealth; or

(c) purport to sell or offer for sale, or purport to buy oroffer to

buy, any meat which is the property of the Commonwealth.

25.-(1.) Upon delivery or consignment of any meat in accordance Compensation.

with regulation 23 of these Regulations, or upon any meat being disposed of or dealt with in accordance with instructions from the Minister, every person having any right or interest in that meat may forward to the Commission a claim for compensation in a form approved by the .Ministcr, and shall be entitled to be paid such amount of compensation as is equal to the value which the meat had on the day on which it was acquired.

(2.) [Where the Minister thinks fit, he may direct that compensation shall be payable to any person in respect of the acquisition of any meat, notwithstanding that the meat has not been delivered or consigned in accordance with regulation 23 of these Regulations,and notwithstand- ing that no claim for compensation has been made, and any compensa- tion payable in pursuance of any such direction shall be payable to

that person in like. manner as if the meat had been so consigned or

delivered and that person had forwarded a claim for compensation in

accordance with sub-regulation (1.) of this regulation.

(3.) Neither the Commonwealth nor the Commission shall he 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 rights or interest the 'Claim for compensation arose shall be a good and sufficient discharge of the liability of the Commonwealth in respect of that claim.

26.-(1.) Every contract relating to the sale of any meat acquired Contracts for

by the Commonwealth, entered into before the acquisition of that meat, :~~r

is hereby declared to he void and of no effect in so far as that contract

has not been completed by delivery.

(2.) Any transaction or oontract with respect to any meat 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 performed

in Australia or ehewhere, shall, in so far as that contract has not been

completed by delivery pri-or to the ac-quisition of that r;teat, be brought in any Federal or State Court or Court of a TerrItory under the au thorityoftheOommonwealth.

27.- (1.) The Minister may, by order pl;lblished in the Gaze~te) ;i~~~~ns of

require any person or class of persons to furnish such returns relating to meat or stock or to contracts entered into in relation to any meat or stock as are specified in the order.

(2.) A person shall not-

(a) refuse or fail to furnish any return which he is required

under sub-regulation (1.) of this regulation to furnish; or

(b) furnish any such return which is false or misleading in any

particular.

28. Any constable authorized so to do by the Commission, the Poters to

enter and search any premises where any meat acquired by the Common-	Controller or a Deputy Controller may, at any time of the day or night, :~a:~hafo~meat.
wealth is, or is suspected to be, and may seize any meat which is the property of the Commonwealth, and, if necessary for any of those pm'poses, may break into and use force to enter such premises.
29. For the purposes of these Regulations, any person thereto I~syep~m authorized by the Commission, the Oontrolleror a Deputy Controller ~o~~~ &~. may, at all reasonable times, enter any premises and inspect any stocks
of meat and any a-ccounts, books or documents relating to any meat.

30.-(1.) Every person into whose possession, custody or control bReckordsfand . 00 so

any meat the property of the Commonwealth passes shall keep proper account to be

records and hooks of account in relation to the receipt and disposal of kept.

that meat.

(2.) Every person required by the last preceding sub-regulation to keep proper records and books of account shall preserve those records and books of account for a period of two years after the date of the transaction to which the records or books of account relate.

31. Any person having any meat the property of the Commonwealth Proper care of

.	hi. d hi 1 h' Commonwealth
In	IS possessIon or uner iecontro s all exerCIse proper care and meat to be

take all proper and reasonable precautions and do all things necessary taken.

to preserve and safeguard that meat and to keep it free from any damage

or deterioration whatsoever.

32. On behalf of the Commonwealth, and subject to any directions Powers of

f h M·. h C .. Commission in

O t e mister, 11 e, ommlSSlOn may- regard to meat.

(a) purchase any meat;

(b) sell any meat acquired or purchased by the Commonwealth;

(c) authorize or direct the proprietor of any registered establish- ment, or any licensee, on .behalf -of the Commonwealth to sell or otherwise dispose of any meat for such purposes; at such prices and upon such conditions as are specified by

the Commission, either in relation to the particular sale or

by general directions; ,

(d) manage and control all matters connected with the handling,

storage, protection, treatment, transfer and shipment of

any meat acquired or purchased by the Commonwealth.

33 -(1) Where the Oommissionor any person acting on behalf of CommJsJls!on t .. ' may se mea

the Cornrnonwea.lth sells or otherwise disposes of any meat, it or he sUbj~c!to

if di. 1 ti f th 1 di 1 f condlttons.

may speci ycon rtions re a mg to any ur er sa e or isposa 0

that meat.

(2.) A person who purchases or otherwise acquires from the Com- mission or any person aetingon behalf of the Commonwealth meat in respect of which any conditions have been specified sha11-

(a) comply with thoseeonditions; and

(b) in the event of his selling or otherwise disposing of the meat

to any other person, notify that other person in writing of the conditions attaching to that meat and the other person

shallcomply with those conditions as if he had purchased

or otherwise acquired the meat from the Commission or

the person acting on behalf of the Commonwealth, as the

case may be:

Provided that nothing in this paragraph shall apply so

as to require a notice of any conditions to be given to any

person in respect of any meat sold to that person by retail.

34.-(1.) The Oommission may, subject to any directions of the Officlersand

M ·. . h ffi d hId t' 1 emp oyees.

mister, appoint sue 0 cers an sue casua an emporary empioyses

as it deems necessary for the purposes of these Regulations, and at such rates of pay and upon such conditions of employment as are, subject to the approval of the Public Service Board, determined by the Com- mission.

(2.) Officers and employees appointed under these Regulations shall not be subject to the provisions of the Commonwealth Public Service

Act 1922-1941.

(3.) Where an officer or employee appointed in pursuance of these Regulations was, immediately prior to his appointment, an officer of the Public Service of the Commonwealth, his service as an officer or employee under these Regulations shall, for the purpose of determining his existing and accruing rights, be taken into account as if it were service in the Public Service of the Commonwealth and the Officers' Rights Declaration Act 1922-1940 shall apply as if this regulation were a section of an Act and that Act and section were specified in the Schedule to the Officers' Rights Declaration Act 1922-1940.

85.-(1.)TheGovernor-GeneralmayarrangewiththeGovernorinArrangements

· S f h regarding

O ouncil of any tate or t e performance, on behalf of the Common- State officers.

of any authority (including a local governing authority) of the State,	wealth, by any officers in the public service of the ,state or in the service	of any work or services in connexion with these Regulations.
(2.) In any such cases the Governor-General may, by agreement with the Governor in Council of the State or otherwise, make arrange- ments for determining-

(a) the rate of payment (if any) to be made by or on behalf of the Commonwealth for the work or services to be performed; and

(b) any u:,atters relating to the performance of the work or

services.

( 2. ) :Totwitbstancing an* thlixc c o n t a i n e d

i n t h i s r e g u l a t i o n. I f a -lerabtr o f t h e C O T > -

i s s i o r t i:. M.ISO u -ncTn&ep o f the P a r l i a m e n t o f

t h e coT*riony---ealtht he s h a l l n o t be e n t i t l e d

t o be remunerated i n r e s p e c t o f M s s e r v i c e s

a s a nember of t h e Cnni d s s i o n, o u t s h a l l b e

e n t i t l e d t o be r e i m b u r s e d s u c h e x o e n s e s s s - J

^ _ r > t ^ t f j ^ f e s t e s » he hue a c t a o H * i n c u r r e d

bi r e a s o n of h i s a t t e n d a n c e a t m e e t i n g s of

,ht O o m i s s i c m. 9

Controller and the Deputy Controllers such salaries, fees and expenses e x P e n s e 9 - 36r(«5rhere shall be payable to any member of the Commission, the Fees and

as the GrOveruoi-jGeneral directs.

37.— (1.) The Commission shall open and maintain an account with Finance,

the Commonwealth Bank of Australia into which it shall pay all moneys received in respect of sales of meat or otherwise and any moneys appro­ priated by the Parl iament or borrowed by the Minister for use by the Commission on behalf of the Commonwealth.

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

38. The Minister may arrange with the Commonwealth Bank of Arrangements

Australia for the making by that Bank of advances to the Common- commonwealth	wealth for use on its behalf by the Commission for the purposes of these B a n k -
Regulations, and may guarantee to that Bank the repayment, out of moneys lawfully made available by the Parl iament, of any advances made by the Bank in pursuance of the arrangement.
merits and directions made or given thereunder, shall not be affected by— c e r t a l n l a w s - 39.—(1.) The operation of these Regulations, and of orders, require- operation of

(a) the Meat Export Control Act 1935-1938 or any Regulations

thereunder; or

(b) by any law or by-law in force in a State or Terri tory of the [Commonwealth, or in any part thereof, relating to inspec­ tion, grading or standards of meat or stock.

(2.) Nothing contained in, or done in pursuance of, these Regula­ tions shall affect the operation of the National Security (Prices) Regulations or the National Security (Rationing) Regulations.

40. A person shall not refuse or fail to comply with any requirement compliance

made on him or applicable to him under these Regulations, or under Requirements,

any order made in pursuance of these Regulations.

41. An order or notice authorized by these Regulations to be made Authentication

or given by the Commission shall be sufficiently authenticated if signed notices.

hy the Controller on behalf of the Commission, and any order or notice

purport ing to have been so signed shall, in the absence of proof to the

contrary, be deemed to have been made or given in pursuance of a

resolution of the Commission. o f

42. Any notice which may be given in pursuance of these Regula-

tions, or of any order made thereunder, may be given by posting the °

notice to the person to whom it is addressed at his last known place of

abode, or to any of his places of business.

By Authority: L. F. JOHNSTON