STATUTORY RULES.
1940. No. 65.
REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939.
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.
Dated
this Twenty third day of April, 1940.
Governor-General.
By
His Excellency’s Command,
for
and on behalf of the Minister of
Defence
Co-ordination.
National
Security (Dried Fruits Acquisition) Regulations.
Short
title.
1. These Regulations may
be cited as the National Security (Dried Fruits Acquisition) Regulations.
Definitions.
2. In these Regulations,
unless the contrary intention appears—
“dried
fruits” means dried currants, dried sultanas and dried lexias;
“the
Board” means the Dried Fruits Control Board constituted under the Dried Fruits Export Control Act 1934-1938;
“the
Minister” means the Minister of State for Commerce.
Objects.
3. The object of these
Regulations is to enable the Commonwealth to fulfil contracts for the sale of
dried fruits to the Government of the United Kingdom and these Regulations
shall be administered accordingly.
Expropriation
of dried fruits.
4.—(1.) The Minister may,
from time to time, by order published in the Gazette, declare that any dried fruits described in the order are
acquired by the Commonwealth and those dried fruits shall thereupon become the
absolute property of the Commonwealth, freed from all mortgages, charges,
liens, pledges, interests and trusts affecting those dried fruits and the
rights and interests of every person in those dried fruits are hereby converted
into claims for compensation.
(2.) Upon the
publication of any order in the Gazette in
pursuance of sub-regulation (1.) of this regulation, any person authorized by
the Board may either take possession of the dried fruits therein described or
arrange with the previous owner or the person having the disposal or control
thereof for their delivery to the Commonwealth at any specified place.
1973.—12/2.4.1940.—Price 3d.
Compensation.
5. Upon the delivery to, or
the taking of possession by, the Commonwealth of any dried fruits in accordance
with regulation 4 of these Regulations, every person having any right or
interest in the dried fruits shall be entitled to be paid such amount of
compensation as the Minister determines.
Contracts
for sale of dried fruits.
6.—(1.) Every contract
relating to the sale of any dried fruits acquired by the Commonwealth entered
into before the acquisition of those dried fruits 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 dried fruits which are 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 elsewhere, shall, in so far
as that contract has not been completed by delivery prior to the acquisition of
the dried fruits, be brought in any Federal or State Court or Court of a
Territory under the authority of the Commonwealth.
Returns
of dried fruits.
7. The
Minister may, by order published in the Gazette,
require any person or class of persons to furnish such returns relating to
dried fruits, or to contracts entered into in relation to any dried fruits, as
are specified in the order and any such person or class of persons shall,
within the time specified in the order, furnish such returns true and correct
in every particular.
Power
to enter and search for dried fruits.
8. Any
member of the Police Force of the Commonwealth or of any State or Territory
authorized so to do by the Board may, at any time of the day or night, enter
and search any premises or vessel or part thereof where any dried fruits
acquired by the Commonwealth are, or are suspected to be, and may take
possession of any such dried fruits and, if necessary for any of those
purposes, may break into and use force to enter such premises or vessel or
part.
Inspection
of stocks, books, &c.
9. 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 dried fruits and
any accounts, books or documents relating to dried fruits.
Proper
care to be taken of dried fruits.
10.
Any
person having any dried fruits 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 dried fruits and to keep them free from any damage or deterioration
whatsoever.
Disposal
of dried fruits by Commonwealth.
11.
The
Commonwealth may purchase any dried fruits and may export, sell or otherwise
dispose of any dried fruits acquired by it.
Powers
of Board.
12. On behalf of the
Commonwealth and subject to any directions of the Minister, the Board may—
(a)purchase any dried
fruits;
(b)export, sell or otherwise dispose of any dried fruits acquired by or on
behalf of the Commonwealth;
(c) manage and control all matters
connected with the handling, storage, protection, treatment, transfer or
shipment of any dried fruits acquired by or on behalf of the Commonwealth or
exported, sold or otherwise disposed of by or on behalf of the Commonwealth;
(d)with the approval of the Minister, enter into any agreement with any
person, company or governmental authority in any place whether in Australia or
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; and
(e) 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.
13.—(1.) The Board shall
open and maintain an account with the Commonwealth Bank of Australia into which
it shall pay all moneys received by it in pursuance of these Regulations and
any moneys appropriated by the Parliament for use by the Board on behalf of the
Commonwealth for the purposes of these Regulations.
(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 be subject to audit by the Auditor-General.
By
Authority: L. F. Johnston,
Commonwealth Government Printer, Canberra.