National Security (Hide and Leather Industries) Regulations (Cth)
STATUTORY RULES.
REGULATIONS RELATING TO THE HIDE AND LEATHER INDUSTRIES.*
I, THE GOVERNOR-GENERAL in and over the
Commonwealth of Australia, acting with the advice of the Federal Executive
Council, in pursuance of the powers conferred by the
Dated this Seventeenth day of November 1939.
Governor-General.
By His Excellency’s Command,
for Minister of State for Defence Co-ordination.
National Security (Hide and Leather Industries) Regulations.
hides and leather in order to secure the public safety and the defence of the Commonwealth and the efficient prosecution of the war, and to maintain supplies and services essential to the life of the community and these Regulations shall be administered accordingly.
“Committee” means an Appraisement Committee constituted under these Regulations;
“export sale” means—
(
a ) a sale of hides by the Commonwealth at an auction at which any buyer of hides may bid; and(
b ) a sale of hides by the Commonwealth, other than by auction, at prices which the Board declares to be equivalent to prices being realized at the type of sale to which paragraph (a ) of this definition refers;“hides” means cattle hides and includes yearling and calf skins;
“home consumption sale” means—
(
a ) a sale of hides by the Commonwealth at an auction at which only buyers who the Board is satisfied will use those hides in Australia may bid; and
* Notified in the
6529.—20/15.11.1939.—Price 3d.
(
b ) a sale of hides by the Commonwealth, other than by auction, at prices which the Board declares to be equivalent to prices being realized at the type of sale to which paragraph (a ) of this definition refers;“licensed dealer” means a person licensed under regulation 17 of these Regulations to buy, sell and otherwise deal in hides;
“leather” means the substance produced by the tanning of hides but does not include goods of leather manufacture unless, in the opinion of the Board, the character and nature of the leather used in the goods has not been materially altered;
“meatworks” means any establishment at which stock is slaughtered and treated principally for export;
“member” means a member of the Board and includes the Chairman and Deputy Chairman;
“the Board” means the Australian Hide and Leather Industries Board constituted under these Regulations;
“the Minister” means the Minister of State for Commerce.
(2.) The Board shall consist of a Chairman and a
Deputy Chairman and six other members who shall be appointed by the Minister by
notice published in the
(3.) Of the six members, other than the Chairman and Deputy Chairman—
(
a ) one shall be a cattle raiser or be actively engaged or concerned in that pursuit;(
b ) one shall be a hide broker or be actively engaged or concerned in that business;(
c ) one shall be a hide merchant or exporter or be actively engaged or concerned in either of those businesses;(
d ) one shall be a representative of Australian meatworks;(
e ) one shall be a master tanner or leather manufacturer or be actively engaged or concerned in either of those businesses;(
f ) one shall be a manufacturer of leather footwear or be actively engaged or concerned in that business.
(4.) In addition to the members of the Board, one person who shall be a hide broker carrying on business in Queensland (or a person actively engaged or concerned in such business in Queensland) who shall be appointed by the Minister, may attend and take part in the proceedings of any meeting of the Board but shall not be permitted to vote or be counted in any quorum.
(2.) Any person so appointed shall, in the event of the illness or absence of the member or person of whom he is the deputy, have all the powers of that member or person during his illness or absence.
(3.) So such appointment of a deputy and no acts done by him as such, shall in any proceedings be questioned on the ground that the occasion for his appointment had not arisen or had ceased.
(2.) The Chairman or Deputy Chairman of the Board or any four members thereof may at any time call a special meeting of the Board.
(3.) At all meetings of the Board five members shall form a quorum.
(4.) The Chairman of the Board, or in his absence the Deputy Chairman of the Board, shall preside at all meetings of the Board.
(5.) In the absence of both the Chairman and Deputy Chairman the members present at any meeting of the Board may elect one of their number to be the Chairman of that meeting.
(6.) At all meetings of the Board the Chairman or the person acting as Chairman shall have a deliberative vote and, in the case of an equality of votes, shall also have a casting vote.
(7.) All questions before the Board shall be decided by a majority of votes.
(8.) The Board shall keep a record of its proceedings.
Provided that no such delegation shall prevent the exercise of any power or function by the Board.
(2.) Officers appointed in pursuance of these
Regulations shall not be subject to the
(3.) Where an officer appointed in pursuance of this
regulation was, immediately prior to that 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 and accruing rights, be taken into
account as if it were service in the Public Service of the Commonwealth and the
(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.
(2.) Each Committee shall consist of—
(
a ) one person actively engaged or concerned in the business of tanning hides of fifty pound weight or over;(
b ) one person actively engaged or concerned in the business of tanning hides (not including calf skins or yearling skins) of under fifty pound weight;(
c ) one person actively engaged or concerned in the business of tanning calf skins or yearling skins;(
d ) two persons who are hide brokers or actively engaged or concerned in that business;(
e ) one person who is a hide exporter or actively engaged or concerned in that business; and(
f ) in the case of the Committee appointed for Western Australia only, one person who is representative of the Wyndham Meat Works,
who shall be
appointed by the Minister by notice published in the
(3.) The Minister shall appoint one member of a Committee to be the Chairman of that Committee.
(4.) In the absence of the Chairman of a Committee the members present at any meeting may elect one of their number to be the Chairman of that meeting.
(5.) At any meeting of a Committee, four members shall form a quorum.
(6.) At any meeting of a Committee, the Chairman or person acting as Chairman shall have a deliberative vote and, in the case of an equality of votes, shall also have a casting vote.
(7.) All questions before a Committee shall be decided by a majority of votes.
(8.) Any member of the Board shall have the right to attend and to take part in the proceedings of any meeting of a Committee:
Provided that the member of the Board shall not vote or be counted in any quorum.
(9.) A Committee shall have such powers and functions as these Regulations confer or as the Board thinks fit, but shall exercise all its powers and functions subject to any direction which the Board may give.
Provided that the prohibition contained in this regulation shall not apply to any sale of hides by a person other than a licensed dealer to a licensed dealer.
(
a ) in the case of hides which do not come into the possession of a licensed dealer within twenty-eight days of being salted and treated—within twenty-eight days of being so salted and treated; or(
b ) in the case of hides in the possession of a licensed dealer—within twenty-eight days of coming into the possession of that licensed dealer.
(2.) In so far as any licence granted under sub-regulation (1.) of this regulation licenses any person to buy, sell and otherwise deal in hides on behalf of the Commonwealth, there shall be payable to that person, for his services and for any facilities made available by him for the storage, protection, treatment, handling, transfer and shipping of hides, and for any expenses properly incurred by him, such remuneration as is specified in the licence.
(
a ) are salted and treated in any meat works; or(
b ) not being hides to which paragraph (a ) of this regulation applies, are submitted for appraisement in accordance with regulation 15 of these Regulations,
are hereby acquired by the Commonwealth and shall become the absolute property of the Commonwealth, freed from all mortgages, charges, liens, pledges, interests and trusts affecting those hides, and the rights and interests of every person in those hides are hereby converted into claims for compensation.
(2.) No person shall buy any hides acquired by the Commonwealth at a home consumption sale unless he satisfies the Board that he will use those hides in Australia.
(2.) Subject to these Regulations and to any directions by the Minister but otherwise in its absolute discretion, the Board may license any person to export from Australia, subject to such conditions as may be specified in the licence, such hides which have been purchased at an export sale as are specified in the licence and may cancel or suspend any such licence.
(2.) Subject to these Regulations and to any directions by the Minister but otherwise in its absolute discretion, the Board may license any person to export from Australia subject to such conditions as may be specified in the licence, such quantity of leather as is specified in the licence and may cancel or suspend any such licence.
(3.) The Board shall so regulate the issue of licences under sub-regulation (2.) of this regulation and the quantity of leather specified in any such licence as to ensure that of the total quantity of leather manufactured by any manufacturer after the commencement of these Regulations no greater portion shall be exported than that which bears the same proportion to that total quantity as the weight of hides purchased by him at export sales bears to the total weight of hides purchased by him after the commencement of these Regulations.
(
a ) in the case of hides other than hides salted and treated in a meat works—submit those hides for appraisement in accordance with regulation 15 of these Regulations; or(
b ) in the case of hides salted and treated in a meat works—so salt and treat those hides,
shall, within seven days of submitting those hides for appraisement or of salting and treating those hides, as the case may be, furnish to the Board a return in accordance with Form A in the Schedule to these Regulations.
(2.) All persons having any leather acquired by the Commonwealth in their possession shall, within seven days of the acquisition of that leather by the Commonwealth, furnish to the Board a return in accordance with Form B in the Schedule to these Regulations.
(
a ) part with the possession of any hides or leather acquired by the Commonwealth which are held in his possession; or(
b ) take into his possession any hides or leather which are the property of the Commonwealth.
(2.) It shall not be necessary for the Minister to make a determination in pursuance of sub-regulation (1.) of this regulation until, in his opinion, a sufficient quantity of any hides or leather acquired by the Commonwealth has been disposed of to enable the Board to make a just recommendation, but the Minister may, in his absolute discretion, make any payment on account of any claim notwithstanding that no determination in respect of that claim has been made.
(2.) Any transaction or contract with respect to any hides or leather, which are or is 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 those hides or that leather, be brought in any Federal or State Court or Court of a Territory under the authority of the Commonwealth.
(
a ) purchase any hides or leather;(
b ) use, sell, export or otherwise dispose of any hides or leather acquired or purchased by the Commonwealth or by the Board on behalf of the Commonwealth;
(
c ) manage and control all matters connected with the handling, storage, protection, treatment, transfer or shipment of any hides or leather acquired, purchased, used, sold or otherwise disposed of by the Commonwealth or by the Board on behalf of the Commonwealth; and(
d ) do all matters which it is required by these Regulations to do or which are necessary or convenient for giving effect to 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.
THE SCHEDULE.
Form A.
COMMONWEALTH OF AUSTRALIA.
Regulation 23 (1.).
RETURN SHOWING PARTICULARS OF CATTLE HIDES, YEARLING AND CALF SKINS SUBMITTED FOR APPRAISEMENT, OR, IN THE CASE OF MEAT WORKS HIDES, YEARLING OR CALF SKINS, SALTED AND TREATED, BY THE PERSON MAKING THE RETURN.
Name of person making the return:
Address:
State of:
Lot No. | Marks. | No. of hides in lot. | Total weight. | Average weight. | Quality description. | Ordinary salted or D/S. | Owner of hides immediately prior to being submitted for appraisement. | Rights or interests of any other person. | Appraisement price. | Remarks. |
I declare that, to the best of my knowledge and belief, the information given in this Return is true and correct in every particular.
(Date) (Signature)
Form B.
Commonwealth of Australia.
Regulation 23 (2.).
RETURN SHOWING PARTICULARS OF LEATHER ACQUIRED BY THE COMMONWEALTH WHICH IS IN THE POSSESSION OF THE PERSON MAKING THE RETURN.
Name of person making the return:
Address:
State of:
Marks, &c. | Class of leather. | Description (butts, sides, &c.) | Grade. | Quantity. | Total weight or measurement. | Average weight or measurement. | Owner of leather immediately prior to its acquisition by the Commonwealth. | Rights or interests of any other person. | Remarks. |
I declare that, to the best of my knowledge and belief, the information given in this Return is true and correct in every particular.
(Date) (Signature)
Form C.
Regulation 26.
CLAIM FOR COMPENSATION WITH RESPECT TO HIDES ACQUIRED BY THE COMMONWEALTH IN ACCORDANCE WITH REGULATIONS.
Made by—
Name:
Address:
|
Address .......................................................... |
|
Description of hides ........................................ |
Appraisement Catalogue No............................. |
Date of acquisition .......................................... |
|
I declare that, to the best of my knowledge and belief, the information given in this Return is true and correct in every particular.
(Date) (Signature)
Form D.
Regulation 26.
CLAIM FOR COMPENSATION WITH RESPECT TO LEATHER ACQUIRED BY THE COMMONWEALTH.
Made by—
Name:
Address:
|
Address .......................................................... |
Class of leather ............................................... |
Description (butts, sides. &c.) .......................... |
Grade ............................................................. |
Quantity ......................................................... |
Total weight or measurement ........................... |
(Form B) Reference No.................................... |
Date of Acquisition ......................................... |
|
I declare that, to the best of my knowledge and belief, the information given in this Return is true and correct in every particular.
(Date) (Signature)
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
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