National Security (Egg Industry) Regulations (Cth)

STATUTORY RULES.

1943. No. 96.

 

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 fifteenth day of April, 1943.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

 

(SGD.) W. J. SCULLY

for and on behalf of the Minister of State for Defence.

 

National Security (Egg Industry) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Egg Industry) Regulations.

Administration.

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

Objects.

3. The objects of these Regulations are to ensure, for the purposes of the defence of the Commonwealth and the effectual prosecution of the war, that adequate provision of eggs in shell, liquid egg and dried egg is made and maintained and, to that end, to set up an authority to control the production, distribution and consumption thereof, and these Regulations shall be administered accordingly.

Repeal.

4. The National Security (Egg Control) Regulations (being Statutory Rules 1939, No. 144, as amended by Statutory Rules 1941, Nos. 73 and 90, and 1943, No. 88) are repealed.

Definitions.

5. In these Regulations unless the contrary intention appears—

“container” means any case, tin, package or covering in which eggs are contained and includes packing materials;

“Deputy Controller” means a Deputy Controller of Egg Supplies appointed under these Regulations;

 

* Notified in the Commonwealth Gazette on , 1943.

2134.—Price 8d. 6/1.4.1943.

“eggs” means hen eggs and duck eggs in shell and includes liquid egg and dried egg;

“licence” means a licence granted under regulation 34 of these Regulations;

“licensee” means the holder of a licence;

“producer” means any person owning or having control of twenty or more adult female fowls or ducks;

“the Assistant Controller” means the Assistant Controller of Egg Supplies appointed under these Regulations;

“‘the Committee” means the Egg Industry Advisory Committee constituted under these Regulations;

“the Controller” means the Controller of Egg Supplies appointed under these Regulations.

Controller, Assistant Controller, and Deputy Controller of Egg Supplies.

6.—(1.) For the purposes of these Regulations there shall be—

(a) a Controller of Egg Supplies;

(b) an Assistant Controller of Egg Supplies; and

(c) a Deputy Controller of Egg Supplies for each State.

(2.) The Controller, the Assistant Controller and each Deputy Controller shall be appointed by the Minister on such terms and conditions as the Minister determines.

(3.) The Minister may appoint a Deputy Controller to be the Assistant Controller.

(4.) The Controller shall have such powers and functions as are conferred on him by these Regulations and shall exercise those powers and functions subject to any directions of the Minister.

(5.) The Controller shall be a Corporation sole by the name of the Controller of Egg Supplies with perpetual succession and an official seal.

(6.) The Assistant Controller shall have such powers and functions as are delegated to him by the Controller and shall exercise those powers and functions subject to any directions of the Controller.

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

Egg Industry Advisory Committee.

7.—(1.) For the purposes of these Regulations, there shall be a Committee, to be known as the Egg Industry Advisory Committee.

(2.) The Committee shall consist of the Controller and such other persons as the Minister appoints to be members thereof.

(3.) The members of the Committee (other than the Controller) shall hold office during the pleasure of the Minister.

(4.) The Controller shall be the Chairman of the Committee.

(5.) The Committee shall advise the Minister on such matters relating to the egg industry as the Minister or the Controller refers to the Committee.

Meetings of the Committee.

8.—(1.) Meetings of the Committee shall be held at such times and places as the Chairman of the Committee determines.

(2.) At all meetings of the Committee not less than half the number of members shall form a quorum.

(3.) In the absence of the Chairman from any meeting of the Committee, the members present shall elect one of their number to preside at that meeting.

(4.) At any meeting of the Committee, the person presiding thereat shall have a deliberative vote and, in the event of an equality of votes, shall also have a casting vote.

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

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

Controller may request persons to attend meetings.

9. A person may, at the request of the Controller, attend and take part in the proceedings of any meeting of the Committee, but shall not be entitled to vote or be counted in any quorum.

Appointment of officers.

10.—(1.) The Controller may appoint such officers as are necessary to assist him in the exercise of his powers and functions under these Regulations.

(2.) Officers so appointed shall not be subject to the Commonwealth Public Service Act 1922-1941.

(3.) Where an officer so appointed was, immediately prior to his appointment, an officer of the Public Service of the Commonwealth, his service as an officer 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 1928-1940 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 1928-1940.

Arrangements regarding State officers.

11.—(1.) The Governor-General may arrange with the Governor in Council of any State for the performance, on behalf of the Commonwealth, by any officers in the public service of the State or in the service of any authority (including a local governing authority) of a State, of any work or services in connexion with these Regulations.

(2.) In any such case the Governor-General may, by agreement with the Governor in Council of the State or otherwise, make arrangements 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 matters relating to the performance of the work or services.

Fees and allowances.

12.—(1.) There shall be payable to any member of the Committee, to the Controller, to the Assistant Controller, and to the Deputy Controllers, salary, fees and allowances at such rates (if any) as the Governor-General determines.

(2.) Where the Controller, the Assistant Controller, a Deputy Controller or a member of the Committee is an officer of the Commonwealth Public Service, no salary, fee or allowance shall be paid to him under this regulation except under the authority of the Public Service Board.

Delegation of powers.

13.—(1.) The Controller may, in relation to any matters or class of matters, or in relation to any particular State or part of the Commonwealth, by writing under his seal, delegate such of his powers and functions under these Regulations (other than this power of delegation) as he thinks fit, so that the delegated powers or functions may be exercised by the delegate with respect to the matters or class of matters or the State or part of the Commonwealth specified in the instrument of delegation.

(2.) Where under these Regulations the exercise of any power or function by the Controller is dependent upon the opinion, belief or state of mind of the Controller in relation to any matter, that power or function may be exercised by the delegate upon the opinion, belief or state of mind of that delegate.

(3.) Every such delegation shall be revocable at will, and no such delegation shall prevent the exercise of any power or function by the Controller.

Controlled areas.

14. The Minister may, by order published in the Gazette, declare any area in the Commonwealth to be a controlled area for the purposes of these Regulations.

Transport of eggs.

15. Except with the approval in writing of the Controller, a person shall not transport any eggs from an uncontrolled area into a controlled area.

Acquisition of eggs.

16. The Minister may, from time to time, by order published in the Gazette, make provision for the acquisition by the Commonwealth of all eggs described in the order, whether by reference to any contingency or otherwise, and the eggs so described shall, by force of and in accordance with the provisions of the order, become the absolute property of the Commonwealth, freed from all mortgages, charges, liens, pledges, interests and trusts affecting the eggs and the rights and interests of every person in the eggs (including any rights or interests arising in respect of any moneys advanced in respect of the eggs) shall thereupon be converted into claims for compensation.

Delivery of eggs.

17. Any person having in his possession, or control or at his disposal any eggs, acquired by the Commonwealth shall, on receipt of a notice in writing from the Controller, the Assistant Controller or a Deputy Controller requiring him to deliver or consign those eggs to any person or place specified in the notice, deliver or consign, as the case may be, those eggs 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.

Eggs not to be dealt with except as provided.

18. Except as provided by these Regulations, or with the consent of the Controller, a person shall not—

(a) part with the possession or custody of, or move, any eggs acquired by the Commonwealth which are held in his possession or custody;

(b)take into his possession or custody any eggs, which are the property of the Commonwealth; or

(c) purport to sell or offer for sale, or purport to buy or offer to buy, any eggs which are the property of the Commonwealth.

Compensation.

19.—(1.) Upon delivery or consignment of any eggs in accordance with regulation 17 of these Regulations, or upon any eggs being disposed of or dealt with in accordance with that regulation, every person having any right or interest in those eggs may forward to the Controller a claim for compensation in a form approved by the Controller, and shall be entitled to be paid such amount of compensation as is equal to the value which the eggs had on the day on which they were 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 eggs notwithstanding that the eggs have not been delivered or consigned in accordance with regulation 17 of these Regulations, and notwithstanding that no claim for compensation has been made, and any compensation payable in pursuance of any such direction shall be payable to that person in like manner as if the eggs 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 Controller shall be 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.

Contracts for sale of eggs.

20.—(1.) Every contract relating to the sale of any eggs acquired by the Commonwealth, entered into before the acquisition of those eggs 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 eggs 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 shall be brought 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, in so far as that contract has not been completed by delivery prior to the acquisition of those eggs.

Power of the Controller to make Orders.

21.—(1.) Subject to any directions of the Minister, the Controller may make orders for or in relation to the egg industry and egg trade and, in particular, for or in relation to—

(a) the regulation and control of the supply, grading, treatment, processing, manufacture, storage, distribution, marketing, sale, use and consumption of eggs;

(b) the stimulation, regulation or restriction of the production of eggs;

(c) the provision of egg containers; and

(d) the registration of producers.

(2.) Any such order may be made so as to apply to the whole of the Commonwealth or to any controlled area.

Prohibition of sales of eggs except to Controller.

22.—(1.) The Minister may, by order published in the Gazette, provide that a producer shall not sell any eggs except to the Controller or with the permission in writing of the Controller.

(2.) Any such order may be made so as to apply to eggs produced anywhere in the Commonwealth or to eggs produced in any controlled area.

(3.) The Controller may grant a permit to any producer authorizing him to sell eggs to a person other than the Controller subject to such conditions and restrictions as are specified in the permit.

(4.) A person to whom such a permit has been granted may, notwithstanding any order under sub-regulation (1.) of this regulation, sell eggs in accordance with the terms of the permit and shall comply with the conditions and restrictions specified in the permit.

Appointment of agents.

23. The Controller may appoint, on such terms and conditions as he thinks fit, agents to dispose of eggs on his behalf.

Processing or treatment of eggs.

24. A person shall not, after a date fixed by the Minister, by order published in the Gazette, as the date from which this regulation shall have effect, process, manufacture, grade or treat any eggs except with the written consent of the Controller.

Placing of eggs in cold store.

25.— A person shall not, after a date fixed by the Minister, by order published in the Gazette, as the date from which this regulation shall have effect, place or keep any eggs, or cause or permit any eggs to be placed or kept, in any artificially cooled store except with the written consent of the Controller and subject to such conditions as the Controller determines.

Returns of poultry, eggs or egg containers.

26.—(1.) The Minister may, by order published in the Gazette, require any person, or the persons included in a class of persons, to furnish to the Controller such returns relating to fowls and ducks, eggs or egg containers 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.

Powers to enter and search for eggs or egg containers.

27. Any person authorized in writing so to do by the Controller, the Assistant Controller or a Deputy Controller may, at any time of the day or night, enter and search any vehicle, premises or vessel where any eggs or egg containers are, or are suspected to be, and may seize any eggs or egg containers which are the property of the Commonwealth, and, if necessary for any of those purposes, may break into, and use force to enter the vehicle, premises or vessel.

Inspection of stocks, books, &c.

28. For the purposes of these Regulations, any person thereto authorized in writing by the Controller, the Assistant Controller, or a Deputy Controller, may at all reasonable times, enter any premises and inspect or impound any stocks of eggs or egg containers and any accounts, books or documents relating to any eggs or egg containers.

Records and books of account to be kept.

29.—(1.) Every person into whose possession, custody or control any eggs or egg containers the property of the Commonwealth pass shall keep proper records and books of account in relation to the receipt and disposal of those eggs or egg containers.

(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.

Proper care of Commonwealth eggs and egg containers to be taken.

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

Powers of Controller in relation to eggs and egg containers.

31. On behalf of the Commonwealth, and subject to any directions of the Minister, the Controller may—

(a) purchase any eggs or egg containers;

(b) sell any eggs or egg containers the property of the Commonwealth;

(c) authorize or direct any person on behalf of the Commonwealth to sell or otherwise dispose of any eggs for such purposes at such prices and upon such conditions as are specified by the Controller, either in relation to the particular sale, or by general directions;

(d) manage and control or make contracts for the management and control of all matters connected with the production, manufacture, handling, storage, protection, treatment, processing, transfer, marketing and shipment of any eggs the property of the Commonwealth;

(e) take such action as is necessary to facilitate the performance of any contract entered into by the Commonwealth in respect of eggs;

(f) supervise licensees so as to regulate exports in order to ensure that sufficient eggs are retained in the Commonwealth for domestic consumption and that the provisions of these Regulations and any directions by the Minister are being duly carried out;

(g)do all things necessary to increase the consumption of eggs in Australia and overseas; and

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

Controller may sell eggs subject to conditions.

32.—(1.) Where the Controller or any person acting on behalf of the Commonwealth sells or otherwise disposes of any eggs, he may specify conditions relating to any further sale or disposal of those eggs.

(2.) A person who purchases or otherwise acquires from the Controller, or from any person acting on behalf of the Commonwealth, eggs in respect of which any conditions have been so specified shall—

(a) comply with those conditions; and

(b) in the event of his selling or otherwise disposing of the eggs to any other person, notify that other person in writing of the conditions attaching to those eggs.

(3) Any person who has received a notification under the last preceding sub-regulation shall, in relation to any further sale or disposal of the eggs in respect of which the notification was received, comply with the conditions attaching to those eggs as if he had purchased or otherwise acquired those eggs from the Controller or the person acting on behalf of the Commonwealth, as the case may be.

Export of eggs.

33. A person shall not export any eggs unless he is the holder of a licence granted under the next succeeding regulation and the terms and conditions of the licence are complied with.

Licences to export eggs.

34.—(1.) The Minister may, in his absolute discretion, grant a licence (in accordance with a form approved by the Minister) to any person to export eggs from the Commonwealth during the period specified in the licence.

(2.) The Minister may at any time cancel a licence.

(3.) A licence may be signed, on behalf of the Minister, by any person thereto authorized in writing by him.

Terms and conditions of licences.

35. Every licence shall be subject to the following terms and conditions:—

(a) The licensee shall comply with the provisions of these Regulations and any amendment thereof in so far as those provisions are applicable to him.

(b)Except with the consent in writing of the Minister, the licensee shall not, in any year, export any eggs—

(i) prior to the date which the Minister fixes as the date on which the export of eggs in that year may be commenced; or

(ii) after the date which the Minister fixes as the date on which the export of eggs in that year shall cease.

(c) The licensee shall comply with the provisions of the Exports (Dairy Produce) Regulations applicable to eggs.

(d) The licensee shall furnish to the Controller such information and returns as the Controller or the Minister requires for the purposes of these Regulations.

(e) The licensee shall, if required by the Minister or the Controller to export any particular eggs to any particular person or place, export those eggs to that person or place.

(f) The licensee shall comply with any other terms and conditions which the Minister from time to time directs.

Finance.

36.—(1.) The Controller shall open and maintain an account with the Commonwealth Bank of Australia, into which he shall pay all moneys received in the exercise of his powers and functions under these Regulations together with any moneys appropriated by the Parliament or borrowed by the Commonwealth for use by the Controller on behalf

of the Commonwealth or advanced by the Treasurer to the Controller for the purpose of the exercise of his powers and functions under these Regulations.

(2.) Out of the money standing to the credit of the account the Controller shall defray all costs and expenses of administering these Regulations.

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

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

Regulations not to affect Prices or Rationing Regulations.

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

Compliance with requirements.

38. A person shall not refuse or fail to comply with any requirement made of him or applicable to him under these Regulations or under any order made in pursuance of these Regulations.

Service of notices.

39. Any notice which may be given in pursuance of these Regulations, 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 at any of his places of business.

 

By Authority: L.