National Security (Meat Industry Control) Regulations (Cth)

STATUTORY RULES.

1943. No. 64.

 

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 twentieth 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 (Meat Industry Control) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Meat Industry Control) Regulations.

Administration.

2. These Regulations shall be administered by the Minister of State for Commerce and Agriculture.

Repeal.

3. The National Security (Meat Industry Control) Regulations (being Statutory Rules 1943, No. 39) are repealed.

Continuance of National Security (Meat Industry) Regulations.

4. Subject to these Regulations, the National Security (Meat Industry) Regulations shall continue in force, but the Controller may give directions to the Meat Canning Committee established under those Regulations in connexion with the exercise of any of that Committee’s powers and functions, and that Committee shall comply with those directions.

Objects.

5. 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 fresh, frozen, canned and dehydrated meat is made and maintained, and, to that end, to set up an authority to control the production, distribution and consumption of such meat, and these Regulations shall be administered accordingly.

 

* Notified in the Commonwealth Gazette on 1943.

 

Definitions.

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

“Deputy Controller” means a Deputy Controller of Meat Supplies appointed under these Regulations;

“licence” means a licence granted under regulation 15 of these Regulations;

“licensee” means the holder of a licence;

“meat” means the flesh, whether fresh or preserved, of any stock intended for human or animal consumption or for fertilizer, and includes canned and dehydrated meat;

“regional area” means any area established by or under regulation 7 of these Regulations as a regional area;

“stock” means cattle, sheep and pigs;

“the Committee” means the Meat Industry Advisory Committee constituted under these Regulations; and

“the Controller” means the Controller of Meat Supplies appointed under these Regulations.

Regional Areas.

7.—(1.) Subject to sub-regulation (2.) of this regulation, each State and each Territory of the Commonwealth shall be a regional area for the purposes of these Regulations.

(2.) The Minister may direct that the whole or any part of any Territory of the Commonwealth shall, for the purposes of these Regulations, form part of a regional area constituted by a State, and, thereupon, the whole or part, as the case may be, of that Territory shall, for the purposes of these Regulations, form part of the regional area constituted by that State.

Controller of Meat Supplies and Deputy Controller.

8.—(1.) For the purposes of these Regulations there shall be—

(a) a Controller of Meat Supplies, who shall be appointed by the Minister on such terms and conditions as the Minister determines; and

(b) a Deputy Controller of Meat Supplies for each regional area consisting of, or including, a State, who shall be appointed by the Minister on such terms and conditions as the Minister determines.

(2.) The Controller shall have such powers and functions as are conferred on him by these Regulations but shall exercise those powers and functions subject to any directions of the Minister.

(3.) The Controller shall be a body corporate with perpetual succession and an official seal.

(4.) A Deputy Controller shall assist the Controller as directed by him in relation to matters arising in the regional area in respect of which the Deputy Controller is appointed.

Meat Industry Advisory Committee.

9.—(1.) For the purposes of these Regulations, there shall be a Committee, to be known as the Meat Industry Advisory Committee.

(2.) The Committee shall consist of the Controller and such other persons as the Minister appoints to be members thereof.

(3.) The members of the Committee (other than the Controller) shall hold office during the pleasure of the Minister.

(4) The Controller shall be the Chairman of the Committee.

(5.) The Committee shall advise the Minister on such matters relating to the meat industry as the Minister or the Controller refers to the Committee.

 

Meetings of the Committee.

10.—(1.) Meetings of the Committee shall be held at such times and places as the Chairman of the Committee determines.

(2.) At all meetings of the Committee, half the number of members of the Committee shall form a quorum.

(3.) In the absence of the Chairman from any meeting of the Committee, the members present shall elect one of their number to preside at that meeting.

(4.) At any meeting of the Committee, the person presiding thereat shall have a deliberative vote and, in the event of an equality of votes, shall also have a casting vote.

(5.) All questions before the Committee shall be decided by the majority of votes.

(6.) The Committee shall keep a record of its proceedings.

Power of Controller to make orders.

11. Subject to any directions of the Minister, the Controller may make orders for or in relation to the regulation and control of the meat industry and meat trade, and, in particular, for or in relation to the regulation and control of the production, supply, treatment, storage, distribution, sale, use and consumption of stock and meat.

Orders relating to production of stock.

12. Subject to these Regulations—

(a) in the case of a regional area constituted by a State, or by a State together with the whole or part of any Territory of the Commonwealth—the Governor in Council of that State; and

(b) in the case of a regional area constituted by the whole or part of any Territory or Territories of the Commonwealth—the Minister,

may make orders for the purpose of ensuring the adequate provision, for the purposes of these Regulations, in that regional area of stock and, without limiting the generality of the foregoing provisions of this regulation, for providing, in relation to that regional area, for—

(c) the registration of the producers of any stock;

(d) the distribution of stock-feeds made available by the Minister or provided under any national scheme of fodder conservation or supplementary feeding;

(e) the stimulation, regulation or restriction of production of stock; and

(f) the control of the movement of stock within the regional area.

Controlled Areas.

13. The Minister may, by order published in the Gazette, declare any area in the Commonwealth to be a controlled area for the purposes of these Regulations, and may, by the same order, or by a separate order, make provision for the regulation and control of the production, storage, canning, processing, marketing and distribution of meat in the controlled area.

Registration of slaughtering establishments.

14. The Minister may notify the proprietor of any abattoirs or other establishment where stock is slaughtered that the establishment has been registered for the purposes of these Regulations, and that establishment shall thereupon become a registered establishment for the purposes of these Regulations.

 

Slaughtering licences.

15.—(1.) The proprietor of any registered establishment, and any person who slaughters stock, or on whose behalf stock are slaughtered, at a registered establishment, may apply to the Controller, in a form approved by the Controller, for a slaughtering licence.

(2.) The Controller may grant to any such person a slaughtering licence in such form as the Controller thinks fit, or may refuse the application.

(3.) A licence under this regulation may contain such conditions and restrictions as the Controller thinks fit.

(4.) The Controller may at any time revoke any licence under this regulation.

(5.) A licensee shall comply with the conditions and restrictions contained in his licence.

Stock not to be slaughtered without a licence.

16.—(1.) Except with the consent of the Controller, a person shall not, in a controlled area, slaughter, or cause to be slaughtered, stock for the production of meat for sale for human consumption in any form except—

(a) in pursuance of a licence held by him; or

(b) on behalf of a licensee in accordance with the terms and conditions of the licence.

(2.) Any consent under the last preceding sub-regulation may be subject to conditions and restrictions and a person shall comply with all such conditions and restrictions as are applicable to him.

Minister may require establishments to publish prices.

17. The Minister may require the proprietor of a registered establishment, or a licensee who slaughters stock, to publish, in such manner as the Minister directs, the prices at which that registered establishment or licensee will slaughter or otherwise treat stock or meat on owner’s account on a weight and grade basis.

Transport of meat.

18. Except with the approval of the Controller, or by his direction, a person shall not transport any meat in a regional area from an uncontrolled area into a controlled area.

Acquisition of meat.

19. The Minister may, from time to time, by order published in the Gazette, make provision for the acquisition by the Commonwealth of all meat described in the order, whether by reference to any contingency or otherwise, and the meat so described 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 meat, and the rights and interests of every person in the meat (including any rights or interests arising in respect of any moneys advanced in respect of the meat) shall thereupon be converted into claims for compensation.

Delivery of meat.

20. Any person having in his possession, control or disposal any meat acquired by the Commonwealth shall, on receipt of a notice in writing from the Controller or a Deputy Controller requiring him to deliver or consign that meat to any person or place specified in the notice, deliver or consign, as the case may be, that meat packed and prepared in the manner specified in the notice, to the person or place and within the time and in the manner specified in the notice.

No person to deal with acquired meat except as provided.

21. Except as provided by these Regulations, or with the consent of the Controller, a person shall not—

(a) part with the possession or custody of, or move, any meat acquired by the Commonwealth which is held in his possession or custody;

(b) take into his possession or custody any meat which is the property of the Commonwealth; or

(c) purport to sell or offer for sale, or purport to buy or offer to buy, any meat which is the property of the Commonwealth.

Compensation.

22.—(1.) Upon delivery or consignment of any meat in accordance with regulation 20 of these Regulations, or upon any meat being disposed of or dealt with in accordance with that regulation, every person having any right or interest in that meat may forward to the Controller a claim for compensation in a form approved by the Controller, and shall be entitled to be paid such amount of compensation as is equal to the value which the meat had on the day on which it was acquired.

(2.) Where the Minister thinks fit, he may direct that compensation shall be payable to any person in respect of the acquisition of any meat, notwithstanding that the meat has not been delivered or consigned in accordance with regulation 20 of these Regulations, and notwithstanding that no claim for compensation has been made, and any compensation payable in pursuance of any such direction shall be payable to that person in like manner as if the meat had been so consigned or delivered and that person had forwarded a claim for compensation in accordance with sub-regulation (1.) of this regulation.

(3.) Neither the Commonwealth nor the Controller shall be bound to recognize any assignment of any amount of compensation payable under this regulation, and any payment in respect of compensation made by or on behalf of the Commonwealth to the person in respect of whose rights or interest the claim for compensation arose shall be a good and sufficient discharge of the liability of the Commonwealth in respect of that claim.

Contracts for sale of meat.

23.—(1.) Every contract relating to the sale of any meat acquired by the Commonwealth, entered into before the acquisition of that meat, is hereby declared to be void and of no effect in so far as that contract has not been completed by delivery.

(2.) Any transaction or contract with respect to any meat which 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 shall be brought 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, in so far as that contract has not been completed by delivery prior to the acquisition of that meat.

Returns of stock.

24.—(1.) The Controller may, by order published in the Gazette, require any person, or the persons included in a class of persons, to furnish such returns relating to meat or stock or to contracts entered into in relation to any meat or stock as are specified in the order.

(2.) A person shall not—

(a) refuse or fail to furnish any return which he is required under sub-regulation (1.) of this regulation to furnish; or

(b) furnish any such return which is false or misleading in any particular.

Powers to enter and search for meat.

25. Any constable authorized so to do by the Controller or a Deputy Controller may, at any time of the day or night, enter and search any premises where any meat acquired by the Commonwealth is, or is suspected to be, and may seize any meat which is the property of the Commonwealth, and, if necessary for any of those purposes, may break into and use force to enter such premises.

Inspection of stocks, books, &c.

26. For the purposes of these Regulations, any person thereto authorized by the Controller or a Deputy Controller may, at all reasonable times, enter any premises and inspect any stocks of meat and any accounts, books or documents relating to any meat.

Records and books of account to be kept.

27.—(1.) Every person into whose possession, custody or control any meat the property of the Commonwealth passes shall keep proper records and books of account in relation to the receipt and disposal of that meat.

(2.) Every person required by the last preceding sub-regulation to keep proper records and books of account shall preserve those records and books of account for a period of two years after the date of the transaction to which the records or books of account relate.

Proper care of Commonwealth meat to be taken.

28. Any person having any meat the property of the Commonwealth in his possession or under his control shall exercise proper care and take all proper and reasonable precautions and do all things necessary to preserve and safeguard that meat and to keep it free from any damage or deterioration whatsoever.

Powers of Controller in regard to meat.

29. On behalf of the Commonwealth, and subject to any directions of the Minister, the Controller may—

(a) purchase any meat;

(b) sell any meat acquired or purchased by the Commonwealth;

(c) authorize or direct the proprietor of any registered establishment, or any licensee, on behalf of the Commonwealth, to sell or otherwise dispose of any meat for such purposes, at such prices and upon such conditions as are specified by the Controller, either in relation to the particular sale, or by general directions; and

(d) manage and control all matters connected with the handling, storage, protection, treatment, transfer and shipment of any meat acquired or purchased by the Commonwealth.

Controller may sell meat subject to conditions.

30.—(1.) Where the Controller or any person acting on behalf of the Commonwealth sells or otherwise disposes of any meat, he may specify conditions relating to any further sale or disposal of that meat.

(2.) A person who purchases or otherwise acquires from the Controller or any person acting on behalf of the Commonwealth meat in respect of which any conditions have been specified shall—

(a) comply with those conditions; and

(b) in the event of his selling or otherwise disposing of the meat to any other person, notify that other person in writing of the conditions attaching to that meat and the other person shall comply with those conditions as if he had purchased or otherwise acquired the meat from the Controller or the person acting on behalf of the Commonwealth, as the case may be:

Provided that nothing in this paragraph shall apply so as to require a notice of any conditions to be given to any person in respect of any meat sold to that person by retail.

Appointment of officers.

31.—(1.) The Controller 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 1922-1941.

(3.) Where an officer so appointed was, immediately prior to his appointment, an officer of the Public Service of the Commonwealth, his service as an officer 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.

Arrangements regarding State officers.

32.—(1.) The Governor-General may arrange with the Governor in Council of any State for the performance, on behalf of the Commonwealth, by any officers in the public service of the State or in the service of any authority (including a local governing authority) of the State, of any work or services in connexion with these Regulations.

(2.) Where the Controller, a Deputy Controller or a member of the Committee is an officer of the Commonwealth Public Service no salary, fee or expenses shall be paid to him under this regulation except under the authority of the Public Service Board.

(2.) Out of the money standing to the credit of the account the Controller shall defray all costs and expenses of administering these Regulations.

(3.) The Minister may arrange with the Commonwealth Bank of Australia for the making by that Bank of advances to the Commonwealth for use by the Controller on behalf of the Commonwealth for the purposes of these Regulations and may guarantee to the Bank the repayment out of moneys made available by the Parliament, of any advances made by the Bank in pursuance of the arrangement.

(4.) The accounts of the Controller shall be subject to audit by the Auditor-General.

Regulations not to affect Prices Regulations and Rationing Regulations.

35. Nothing contained in, or done in pursuance of, these Regulations shall affect the operation of the National Security (Prices) Regulations or the National Security (Rationing) Regulations.

Compliance with requirements.

36. A person shall not refuse or fail to comply with any requirement made of him or applicable to him under these Regulations, or under any order made in pursuance of these Regulations.

Service of notices.

37. Any notice which may be given in pursuance of these Regulations, or of any order made thereunder, may be given by posting the notice to the person to whom it is addressed to his last known place of abode, or to any of his places of business.

 

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