National Security (Fodder Conservation) Regulations (Cth)

STATUTORY RULES.

1941. No. 195.

 

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 thirteenth day of August, 1941.

Governor-General.

By His Excellency’s Command,

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

 

National Security (Fodder Conservation) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Fodder Conservation) 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—

“fodder” means food for livestock produced from crops which are grown and harvested as hay, grain or roots, or as green crops for ensilage;

“member” means a member of the Board and includes the Chairman;

“the Board” means the Fodder Conservation Board constituted by these Regulations; and

“the Chairman” means the Chairman of the Board.

Fodder Conservation Board.

4.—(1.) For the purposes of these Regulations, there shall be a Fodder Conservation Board which shall consist of a Chairman and such other members (not exceeding nine) as the Minister appoints.

(2.) The Chairman and other members of the Board shall be appointed by the Minister by notice published in the Gazette, and shall hold office during the pleasure of the Minister.

* Notified in the Commonwealth Gazette on  , 1941.

4755.—20/4.8.1941.—Price 3d.

 

Meetings of the Board.

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

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

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

(4.) The Chairman shall preside at all meetings of the Board at which he is present, and, in his absence, the members present at any meeting may elect one of their number to be the Chairman of that meeting.

(5.) 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.

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

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

Incorporation.

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

Indemnity.

7. A member of the Board shall not be personally liable for any act of the Board or of any committee of the Board or of any member acting as a member of the Board or a committee.

Committee.

8.—(1.) The Minister may, by notice published in the Gazette, establish such committees of the Board as he thinks fit.

(2.) The Chairman and members of any committee so established shall be appointed by the Minister, by notice published in the Gazette, from among the members of the Board.

(3.) Any committee so established shall have, and may exercise on behalf of the Board, such of the powers and functions of the Board as the Minister or, subject to any direction of the Minister, the Board directs:

Provided that nothing in this regulation shall prevent the exercise of any power or function by the Board.

Remuneration of members.

9. There shall be payable to any member of the Board such salaries, allowances, fees and expenses as the Governor-General directs.

Appointment of officers.

10.—(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 or 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 respectively 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.

Powers of Board.

11. For the purpose of conserving, so far as possible, an adequate supply of fodder for use during any period of emergency, the Board shall, subject to the control of the Minister and in accordance with the provisions of these Regulations, do all things necessary to establish and maintain reserve stocks of fodder, and, in particular, may—

(a) purchase, sell, exchange or otherwise deal in fodder;

(b)store or arrange for the storage of fodder either on its own behalf or on behalf of any other person;

(c) do all matters which it is required by these Regulations to do or which it is necessary or convenient to do for carrying out or giving effect to these Regulations.

Finance.

12.—(1.) The Board shall open and maintain an account at the Commonwealth Bank of Australia into which it shall pay all moneys received in respect of sales of fodder or otherwise, and any moneys appropriated by the Parliament or advanced in pursuance of an arrangement made under regulation 13 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 fodder purchased by it 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.

Arrangement with Commonwealth Bank for advances.

13. The Minister may arrange with the Commonwealth Bank of Australia for the making by that Bank of advances to the Commonwealth for use on its behalf by 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.

 

By Authority: L. F.