National Security (Malt) Regulations (Cth)

STATUTORY RULES.

1943. No. 62.

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 nineteenth day of March, 1943.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

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

 

National Security (Malt) Regulations.

Citation.

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

Administration.

2. These Regulations shall be administered by the Minister of State for Trade and Customs.

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, economy in the use of man-power and resources in the production and distribution of malt, and to that end to set up an authority to control the manufacture and distribution of malt, and these Regulations shall be administered accordingly.

Definitions.

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

“malt” includes barley malt and wheaten malt;

“the Committee” means the Malt Industry Committee constituted under these Regulations;

“the Chairman” means the Chairman of the Committee.

Malt Industry Committee.

5.—(1.) For the purpose of these Regulations, there shall be a Committee, to be known as the Malt Industry Committee.

 

* Notified in the Commonwealth Gazette on , 1943.

 

(2.) The Committee shall consist of a Chairman and three other members, who shall be appointed by the Minister and shall hold office during his pleasure.

(3.) The Chairman shall be responsible for carrying out all decisions of the Committee.

Deputy of Chairman.

6.—(1.) The Minister may appoint a member of the Committee to be Deputy Chairman of the Committee.

(2.) The Deputy Chairman shall act as Chairman whenever so directed in writing by the Chairman, or whenever the Chairman is unable, owing to illness or for any other reason, to perform the duties of his office, and the Deputy Chairman shall, while so acting, have and may exercise all the powers and functions of the Chairman under these Regulations.

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 absence of the member of whom he is the deputy from any meeting of the Committee, have all the powers of that member during his absence.

(3.) Any reference in these Regulations to a member of the Committee shall include a reference to the deputy of a member.

Appointment of deputies not to be questioned.

8. Any appointment of a Deputy Chairman or of a deputy of a member of the Committee, and any act 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.

9.—(1.) Subject to the next succeeding sub-regulation, meetings of the Committee shall be held at such times and places as the Committee from time to time determines.

(2.) The Chairman, or any two members thereof, may at any time call a meeting of the Committee.

(3.) At any meeting of the Committee, two members shall form a quorum.

(4.) At all meetings of the Committee, the Chairman shall preside and shall have a deliberative vote and, in the event of an equality of votes, he 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.

Indemnity.

10. 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.

11. 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 member who is such an officer such fees and allowances as the Minister directs.

Delegation of powers.

12.—(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 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.

Orders controlling production, supply, &c., of malt.

13.—(1.) Subject to any direction of the Minister, the Committee may, by order published in the Gazette, regulate, restrict or prohibit the production, supply, distribution, sale or disposal of malt.

(2.) Any order under the last preceding sub-regulation may be absolute or subject to such conditions and restrictions as are specified in the order and may contain such incidental and supplementary provisions as are necessary for the purposes of the order.

Regulation of production of malt.

14.—(l.) Subject to any direction of the Minister the Committee may, by notice in writing served personally or by post on any person, require that person—

(a) to cease producing or manufacturing any malt or any class of malt during any period specified in the notice;

(b) to cease producing or manufacturing any malt or any class of malt in excess of such as is specified in the notice;

(c) if, in the opinion of the Committee that person is capable of producing or manufacturing any malt, or greater quantities or other classes of malt than that person is producing, to produce or manufacture such quantities of malt of such classes as are specified in the notice and within such time as is so specified;

(d) to deliver or consign any malt of which he has or will have the ownership, possession, control or disposal to such person, within such time as is specified in the notice; or

(e) to keep such records of the production, supply, distribution, sale or disposal of malt by him and to furnish such estimates or returns in relation thereto as are specified in the notice,

and that person shall comply with the requirements of the notice accordingly.

(2.) The amount to be paid for any malt delivered or consigned in pursuance of paragraph (d) of the last preceding sub-regulation shall be such as is agreed upon by the person making the delivery or consignment and the person to whom the delivery or consignment is made or, in default of agreement, as is determined in an action by the first-mentioned person against the second-mentioned person.

Inspection of stocks, books, &c.

15. 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 malt, and any accounts, books and documents relating to any malt.

Authentication of orders, notices, directions and requirements.

16. Any order or notice authorized by these Regulations to be made or given 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 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.

Report by Committee.

17. The Committee shall, as soon as practicable after the thirtieth day of June and the thirty-first day of December in each year, and at any other time when required by the Minister, report to the Minister generally as to the operation of these Regulations.

 

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