STATUTORY RULES.
1942. No. 444.
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 October, 1942.
Governor-General.
By His Excellency’s Command,
for and on behalf of the
Minister of State for Defence.
National Security (Flour Industry) Regulations.
Citation.
1. These Regulations may
be cited as the National Security (Flour Industry) Regulations.
Administration.
2. These Regulations shall
be administered by the Minister of State for Commerce.
Object.
3. The purpose of these
Regulations is to establish such organization and co-ordination in the
production and distribution of flour as will ensure the greatest economy in the
use of the man-power and resources of Australia whilst achieving and
maintaining efficiency of production and distribution, and these Regulations
shall be administered accordingly.
Definitions.
4. In these Regulations,
unless the contrary intention appears—
“flour” includes flour meal and semolina;
“member” means a member of the Committee;
“the
Committee” means the Australian Flour Industry Committee constituted under
these Regulations.
Australian
Flour Industry Committee.
5.—(1.) For the purposes
of these Regulations, there shall be an Australian Flour Industry Committee.
(2.) The Committee shall consist of
a Chairman and three other
members.
(3.) The members shall be appointed
by the Minister by notice published in the Gazette.
*
Notified in the Commonwealth Gazette
on ,
1942.
6335.—Price 3d. 25/13.10.1942.
(4.) The Minister may appoint one
of the members to be the Executive Member of the Committee.
Incorporation
of Committee.
6. The Committee shall be
a body corporate, with perpetual succession and a common seal.
Deputies
of Members.
7.—(1.) The Minister may,
in respect of each member of the Committee, appoint a person 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, and any
reference in these Regulations to a member of the Committee shall be deemed to
include a reference to the deputy of a member.
(3.) Any such appointment of a
deputy, and any acts done by him as such, shall not, in any proceedings, be
questioned on the ground that the occasion for his appointment or for the
exercise of his powers had not arisen or had ceased.
Meetings
of the Committee.
8.—(1.) Meetings of the
Committee shall be held at such times and places as the Committee from time to
time determines.
(2.) The Chairman of the Committee,
or any two members thereof, may at any time call a special meeting of the
Committee.
(3.) At any meeting of the
Committee three members shall form a quorum.
(4.) In the absence of the Chairman
from any meeting of the Committee, the Executive Member shall preside at that
meeting.
(5.) At all meetings of the
Committee, the person presiding shall have a deliberative vote and, in the
event of an equality of voting, he shall also have a casting vote.
(6.) All questions before the
Committee shall be decided by a majority of votes.
(7.) The Committee shall keep a
record of its proceedings.
Indemnity.
9. A member of the
Committee shall not be personally liable for any act of the Committee or for
any act done by him as a member of the Committee.
Fees
and expenses.
10. There shall be payable
to any member of the Committee, who is not an officer of the Public Service of
the Commonwealth, such salary, fees and allowances as the Governor-General
directs and to any other member such fees and allowances as the Minister directs.
Appointment
of Officers.
11.—(1.) The Committee may
appoint such officers as are necessary to assist the Committee 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 Committee.
(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 Committee 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 and these Regulations were a section and an Act specified in
the Schedule to that Act.
District
Committees.
12.—(1.) The Committee may,
by order, establish in any locality a District Committee consisting of such
members, appointed in such manner and subject to such terms and conditions, as
are specified in the order.
(2.) Any District Committee so
established may exercise such of the powers and functions of the Committee as
are specified in the order or as are delegated to it under the next succeeding
regulation.
Delegation
of powers.
13.—(1.) The Committee 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 its seal,
delegate such of its powers and functions under these Regulations (other than
this power of delegation) as it 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 Committee is dependent upon the
opinion, belief or state of mind of the Committee 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 Committee.
Control
of production, supply, &c., of flour.
14. Subject to any
direction of the Minister, the Committee may, by order, regulate or prohibit
the production, supply, distribution, sale or disposal of flour either
unconditionally or subject to such conditions as are specified in the order.
Orders
requiring production of flour.
15. If, in the opinion of
the Committee, any person is capable of producing any flour, or greater
quantities or other classes of flour than he is producing, the Committee may,
by order in writing, a copy of which shall be served on that person personally
or by post, require that person to produce such quantities of flour of such
classes as are specified in the order and within such time as is specified in
the order.
Inspection
of stocks, books, &c.
16. For the purposes of
these Regulations, any person appointed by the Committee to be an authorized
person for the purpose of this regulation may, at all reasonable times, enter
any premises and inspect any stocks of flour, and any accounts, books and
documents relating to any flour.
Authentication
of orders, notices, directions and requirements.
17. Any order authorized by
the Regulations to be made by the Committee, or any notice, direction or
requirement authorized by any such order to be given or made by the Committee
shall be sufficiently authenticated if signed by the Chairman or Executive Member
of the Committee on behalf of the Committee and any order, notice, direction or
requirement purporting 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 Committee.
Receipt
of notice sent by post.
18. Where
any notice or copy of an order is, for the purposes of these Regulations, sent
to any person by prepaid letter post addressed to that person at his last or
usual place of abode or place of business, that person shall, unless the
contrary is proved, be deemed to have received that notice at the time when, in
the ordinary course of the post, it would have arrived at the place to which it
was addressed.
By
Authority: L. F. Johnston,
Commonwealth Government Printer, Canberra.