National Security (Australian Tobacco Leaf) Regulations (Cth)

STATUTORY RULES.

1941. No. 97.

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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 ninth day of May, 1941.

Governor General.

By His Excellency’s Command,

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

—––––

National Security (Australian Tobacco Leaf) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Australian Tobacco Leaf) Regulations.

Administration

2. These Regulations shall be administered by the Minister of State for Commerce.

Definitions.

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

“Appraisal Committee” means an Appraisal Committee appointed under these Regulations;

“licensed broker” means a person licensed by the Board as a broker under these Regulations;

“the Board” means the Australian Tobacco Board constituted under these Regulations.

Australian Tobacco Board.

4.—(1.) For the purposes of these Regulations, there shall be an Australian Tobacco Board which shall consist of—

(a) one person representing the Commonwealth Government;

(b) three persons representing growers of Australian tobacco leaf;

(e) three persons representing manufacturers who use Australian tobacco leaf; and

(d) three persons representing persons engaged in the business of selling Australian tobacco leaf, who shall be appointed by the Minister by notice published in the Gazette, and who shall hold office during the pleasure of the Minister.

* Notified in the Commonwealth Gazette on , 1941.

(2.) The member of the Board who is the person representing the Commonwealth Government shall be the Chairman of the Board.

(3.) In the absence of the Chairman of the Board, the members present at any meeting may elect one of their number to be the chairman of that meeting.

Incorporation of Board.

5. The Board shall be a body corporate, with perpetual succession and a common seal.

Deputies of members.

6.—(1.) The Minister may, in respect of each member of the Board, appoint a person representative of the same interests as the member, to be the deputy of that member.

(2.) Any person so appointed shall, in the event of the illness or absence of the member of whom he is the deputy, have all the powers of that member during his illness or absence.

(3.) No such appointment of a deputy and no acts done by him as such shall, in any proceedings, be questioned on the ground that the occasion for his appointment had not arisen or had ceased.

Meetings of the Board.

7.—(1.) Meetings of the Board shall be held at such times and places as the Board from time to time determines.

(2.) The Chairman of the Board, or any four members thereof, may at any time call a special meeting of the Board.

(3.) At all meetings of the Board six members shall form a quorum.

(4.) At all meetings of the Board the Chairman shall have a deliberative vote, and, in the case of an equality of votes, shall also have a casting vote.

(5.) All questions before the Board shall be decided by a majority of votes.

(6.) The Board shall keep a record of its proceedings.

Executive Committee.

8. The Board may appoint any number of its members to be an Executive Committee, and delegate to that Committee such of its powers and functions as the Board, subject to any direction of the Minister, determines:

Provided that no such delegation shall prevent the exercise of any power or function by the Board.

Appraisal Committees.

9. The Minister may appoint such Appraisal Committees consisting of such members as he thinks fit.

Indemnity.

10. A member of the Board or of an Appraisal Committee shall not be personally liable for any act of the Board or Committee or for any act done by him as a member of the Board or Committee, as the case may be.

Fees and expenses.

11. There shall be payable to any member of the Board or of an Appraisal Committee such salaries, fees and expenses as the Governor-General directs.

Appointment of officers.

12.—(1.) The Board may appoint such officers as are necessary to assist the Board in carrying out its functions under these Regulations.

(2.) Officers appointed in pursuance of these Regulations shall not be subject to the Commonwealth Public Service Act 1922-1941 and shall hold office during the pleasure of the Board.

 

(3.) Where an officer appointed in pursuance of this regulation was, immediately prior to his appointment, an officer of the Public Service of the Commonwealth, his service as an officer of the Board 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 and these Regulations were a section and an Act specified in the Schedule to that Act.

(4.) The salaries and allowances of officers appointed in pursuance of this regulation shall be as directed by the Minister, except where the sum of the salary and allowances payable to an officer during any year is to exceed Five hundred pounds, in which case the salary and allowances shall be as directed by the Governor-General.

Licensed brokers.

13.—(1.) The Board may license, subject to such conditions as are specified in the licence, any person as a broker to receive and deal in Australian tobacco leaf and may cancel or suspend any such licence.

(2.) There shall be payable to any licensed broker, as remuneration for his services and for any facilities made available by him, and for any expenses properly incurred by him, such fees as are provided in the licence, or as the Minister determines.

Australian tobacco leaf to be submitted for appraisement.

14.—(1.) All tobacco leaf grown in Australia which is harvested after the date of the commencement of these Regulations, or which has been harvested prior to that date and which is in the ownership, possession or control of the grower immediately prior to that date, shall be submitted for appraisement.

(2.) The grower of any tobacco leaf grown in Australia shall—

(a) in the case of leaf harvested after the commencement of these Regulations—before the end of the calendar year during which the leaf is harvested; or

(b) in the case of leaf harvested prior to, and in the ownership, possession or control of the grower immediately prior to, the date of the commencement of these Regulations—on or before the thirty-first day of December, One thousand nine hundred and forty-one,

or within such further time as the Board permits, deliver or consign the leaf to a licensed broker for appraisement by an Appraisal Committee.

(3.) Where any tobacco leaf grown in Australia is, immediately prior to the date of the commencement of these Regulations, owned by and in the possession or control of a person other than the grower, that person may, on or before the thirty-first day of December, One thousand nine hundred and forty-one, submit the leaf to a broker for appraisement by an Appraisal Committee as if he were the grower thereof, and, thereupon, that person shall, for the purposes of these Regulations, be deemed to be the grower of that leaf.

(4.) In respect of any appraisement under these Regulations, the grower shall pay to the Board, for the services performed in appraising the tobacco leaf, such fee, not exceeding one farthing per pound of tobacco leaf, as the Board directs.

Manner of appraisement.

15.—(1.) For the purposes of the appraisement of tobacco leaf under these Regulations, the Board shall cause to be prepared a table of limits and lists of appraisement of grades and types of tobacco leaf grown in Australia.

(2.) An Appraisal Committee shall, in accordance with the table of limits prepared by the Board, appraise and determine the appraisement price of each parcel or lot of tobacco leaf grown in Australia and its decision shall be final and without appeal.

(3.) No appraisement price shall be less than sixpence per pound.

Unusable tobacco leaf.

16.—(1.) Where an Appraisal Committee considers that any tobacco leaf grown in Australia is unsuitable for manufacture as tobacco, cigarettes or cigars, it shall classify that leaf as unusable leaf and refrain from fixing any price in respect thereof.

(2.) Where an Appraisal Committee classifies any Australian tobacco leaf as unusable, it shall cause the grower of the leaf to be notified accordingly, and, unless, within fourteen days after receipt of such notification, the grower otherwise directs in accordance with the next succeeding sub-regulation, the licensed broker having the custody of the leaf shall destroy that leaf by burning it, or, after treating it by one of the methods prescribed by paragraph (b) of sub-regulation (2.) of regulation 29 of the Excise Regulations 1925 (as amended), dispose of it in such manner as the Board or an Appraisal Committee directs.

(3.) At any time within fourteen days after receipt of a notification that any leaf has been classified as unusable, the grower may give such direction to the licensed broker having the custody of the leaf as to its disposal as he thinks fit, and the broker shall, at the cost of the grower, dispose of it accordingly, but shall first render it impossible for the leaf to be used in the manufacture of tobacco, cigarettes or cigars by treating it by one of the methods prescribed by paragraph (b) of sub-regulation (2.) of regulation 29 of the Excise Regulations 1925 (as amended).

Unappraised leaf not to be sold or bought.

17. After the commencement of these Regulations, a person shall not—

(a) sell or otherwise dispose of, or offer to sell or otherwise dispose of; or

(b) purchase or otherwise acquire, or offer to purchase or otherwise acquire,

except in accordance with the provisions of these Regulations, any tobacco leaf grown in Australia which has not been appraised in accordance with these Regulations.

Leaf not to be sold or bought except at appraised prices.

18. After the commencement of these Regulations, a person shall not sell or offer to sell, or purchase or offer to purchase, any tobacco leaf grown in Australia which has been appraised in accordance with these Regulations, at a price other than the price at which that leaf was appraised.

Board may direct particular sales.

19. The Board may direct a licensed broker to sell to such person as the Board directs any unsold tobacco leaf held by him on behalf of a grower, and the broker shall thereupon sell that tobacco leaf accordingly.

Powers of Board.

20. Subject to any directions of the Minister, the Board—

(a) may purchase or otherwise acquire any tobacco leaf or tobacco;

(b) may sell or otherwise dispose of any tobacco leaf or tobacco the property of the Board;

(c) shall supervise the appraisement of all tobacco leaf grown in Australia and use its best endeavours to facilitate and regulate the marketing thereof; and

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

Returns.

21. The Board may require any person to furnish to the Board such returns relating to Australian tobacco leaf as the Board thinks fit, and that person shall, within the time and in the manner directed by the Board, furnish true and correct returns accordingly.

Power to enter and search for Australian tobacco leaf.

22. Any constable authorized so to do by the Board may, at any time in the day or night, enter and search any premises or vessel, or part thereof, where any Australian tobacco leaf is or is suspected to be, and, if necessary for that purpose, may break into and use force to enter such premises or vessel or part, and may seize any tobacco leaf in respect of which any contravention of these Regulations is believed to have taken place.

Inspection of stocks, books, &c.

23. 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 tobacco leaf or tobacco and any accounts, books and documents relating to that tobacco leaf or tobacco.

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 by it under these Regulations and any moneys appropriated by the Parliament or borrowed by the Minister for use by the Board.

(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 authorized to be made by these Regulations.

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

Arrangement with Commonwealth Bank for advances.

25. The Minister may arrange with the Commonwealth Bank of Australia for the making by that Bank of advances to 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.

Compliance with provisions of Excise Act 1901-1934 and Regulations.

26. Nothing in these Regulations shall be construed as releasing any person from compliance with any provision of the Excise Act 1901-1934 or of any regulation made under that Act.

Application of Acts Interpretation Act 1901-1941, s. 29.

27. Section twenty-nine of the Acts Interpretation Act 1901-1941 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.

  

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