National Security (Food Control) Regulations (Cth)

STATUTORY RULES.

1943. No. 165.

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 twenty-eighth day of June, 1943.

(SGD.) GOWRIE

Governor-General.

By His Excellency’s Command,

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

———

National Security (Food Control) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Food Control) 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 secure, for the purposes of the defence of the Commonwealth and the effectual prosecution of the war, that adequate provision of food, foodstuffs, fertilizers and fodder is made and maintained, and to that end to set up an authority to control the growing, production, manufacture, processing, distribution, disposal, use and consumption of food, foodstuffs, fertilizers and fodder, and these Regulations shall be administered accordingly.

Definitions.

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

“fertilizers” includes all artificial and organic manures used in agricultural industries in Australia and also includes fertilizer mixtures;

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

* Notified in the Commonwealth Gazette on , 1943.

3857.—Price 3d. 27/25.6.1943.

“food” includes—

(a) every commodity used for food or drink by man (other than drugs and water);

(b)any commodity which ordinarily enters into or is used in the composition or preparation of human food; and

(c) flavouring matters, spices and condiments,

and “foodstuffs” has a corresponding meaning;

“the Controller-General” means the Controller-General of Food appointed under these Regulations.

Controller-General of Food.

5.—(1.) There shall be a Controller-General of Food, who shall have such powers and functions as are conferred on him by these Regulations.

(2.) The Secretary, Department of Commerce and Agriculture, shall be the Controller-General of Food.

Other executive officers.

6. There shall be—

(a) a Deputy Controller-General of Food; and

(b) an Assistant Controller-General of Food,

who shall be appointed by the Minister on the recommendation of the Controller-General and shall hold office on such terms and conditions as the Controller-General, with the approval of the Public Service Board, determines.

Appointment of officers.

7.—(1.) The Controller-General 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 1922-1943 and shall hold office on such terms and conditions as the Controller-General, with the approval of the Public Service Board, determines.

Preservation of rights.

8. Where any person appointed under regulation 6 or 7 of these Regulations was, immediately prior to his appointment, an officer of the Public Service of the Commonwealth, his service 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.

Powers and functions of the Minister and Controller-General.

9.—(1.) The Minister shall have power to control, regulate and direct the growing, production, manufacture, processing, distribution, disposal, use and consumption of food, foodstuffs, fertilizers and fodder, and, without limiting the generality of the foregoing, shall have power—

(a) to require that any food, foodstuffs, fertilizers or fodder shall be grown, produced, manufactured, processed, distributed or disposed of;

(b)to determine the amount or quantity of any food, foodstuffs, fertilizers or fodder which shall be grown, produced, manufactured, processed, distributed or disposed of, or which may be used or consumed;

(c) to determine the order of priority to be accorded to the growing, production, manufacture, processing, distribution, disposal, use or consumption of food, foodstuffs, fertilizers or fodder;

(d)to prohibit, regulate or restrict the growing, production, manufacture, processing, distribution, disposal, use or consumption of food, foodstuffs, fertilizers or fodder;

(e) to determine the times and places at which, the manner in which, and the terms and conditions upon which food, foodstuffs, fertilizers or fodder shall be grown, produced, manufactured, processed, distributed or disposed of, or may be used or consumed;

(f) to regulate the packing or manner of distribution of food, foodstuffs, fertilizers or fodder;

(g)to determine the terms and conditions of contracts for the growing, production, manufacture, processing, distribution, disposal, use or consumption of food, foodstuffs, fertilizers or fodder;

(h)to prohibit the growing, production, manufacture, processing, distribution, disposal, use or consumption of any food, foodstuffs, fertilizers or fodder in any area except under a permit granted by the Controller-General; and

(i)to requisition or provide for the requisitioning of any food, foodstuffs, fertilizers or fodder.

(2.) The Minister may make such orders, give such directions, enter into such contracts on behalf of the Commonwealth and do all such other things as appear to him to be necessary or expedient for the purposes of these Regulations.

(3.) An order under this regulation may—

(a) be made to apply to any person or persons specified in the order, to the persons included in any class of persons, or to persons generally;

(b) be made to apply either throughout Australia or to any part thereof;

(c) make different provisions with respect to different classes of food, foodstuffs, fertilizers or fodder;

(d)exempt any person, or the persons included in any class of persons, from the operation of all or any of the provisions of the order; and

(e) contain such incidental and supplementary provisions as are necessary or expedient for the purposes of the order.

(4.) The Controller-General shall, subject to any direction of the Minister, have and may exercise all the powers conferred on the Minister by this regulation.

Certain orders to be gazetted.

10. Any order under these Regulations applicable to the persons included in any class of persons or to persons generally shall be published in the Gazette, but no such order shall be invalid on the ground only that it has not been so published.

Notice of directions.

11. A copy of any direction given under these Regulations shall be served personally or by post upon each person affected thereby and thereupon each such person shall comply with the direction.

Payment for requisitioned goods.

12.—(1.) Where any goods are requisitioned in pursuance of an order under these Regulations the goods 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 goods and the rights and interests of every person in the goods shall thereupon be converted into claims for compensation.

(2.) The amount of compensation payable to any person in respect of any goods requisitioned in pursuance of an order under these Regulations shall be such as is agreed upon between the person concerned and the Commonwealth or, in the absence of agreement, as is determined in an action for compensation against the Commonwealth.

Delegation.

13.—(1.) The Controller-General may delegate to any person all or any of his powers and functions under these Regulations or any order thereunder (except this power of delegation) so that the delegated powers and functions may be exercised by the delegate.

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

Establishment of committees.

14.—(1.) The Controller-General may, by order, establish, or provide for the establishment of, such committees as he thinks fit for the purpose of these Regulations.

(2.) Each such committee shall have and may exercise such of the powers and functions of the Controller-General as are specified in the order.

Co-operation with Shipping Control Board and Land Transport Board.

15. The Controller-General may request the assistance and co-operation of the Shipping Control Board constituted under the National Security (Shipping Control) Regulations and of the Land Transport Board constituted under the National Security (Land Transport) Regulations in relation to the transport by sea or by land, as the case may be, of food, foodstuffs, fertilizers or fodder, and each of those boards may exercise its powers and functions with a view to carrying out the objects of these Regulations.

 

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