National Security (Potatoes) Regulations (Amendment) (Cth)

STATUTORY RULES.

1945. No. 25.

 

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1943.*

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 1939-1943.

Dated this twenty-eighth day of February, 1945.

HENRY

Governor-General.

 

By His Royal Highness’s Command,

W. J. SCULLY

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

 

Amendments of the National Security (Potatoes) Regulations.

Administration.

1. Regulation 2 of the National Security (Potatoes) Regulations is amended by adding at the end thereof the words “and Agriculture”.

Delegation of powers.

2. Regulation 12 of the National Security (Potatoes) Regulations is amended by inserting in sub-regulation (1.), after the word “seal”, the words “or by order”.

3. Regulation 13 of the National Security (Potatoes) Regulations is repealed and the following regulation inserted in its stead:—

Control of production, supply, &c., of potatoes.

“13.—(1.) Subject to any direction of the Minister, the Committee may, by order, regulate or prohibit the production, supply, distribution, transport, purchase, sale or other disposal of potatoes either unconditionally or subject to such conditions as are specified or imposed in or in pursuance of the order.

“(2.) Without prejudice to the generality of the powers conferred by the last preceding sub-regulation, the Committee may, by order—

(a) compulsorily acquire potatoes, or make provision for the compulsory acquisition of potatoes, on just terms;

 

* Notified in the Commonwealth Gazette on 2nd March. 1945.

  Statutory Rules 1942, No. 199, as amended by Statutory Rules 1942, No. 301.

25.—Price 3d.

(b)prescribe the manner in which, and the conditions subject to which, the activities of any person, or persons included in any class of persons, in relation to the production, supply, distribution, transport, purchase, sale or disposal of potatoes shall be organized and carried out;

(c) authorize the adoption of co-operative or pooling schemes by any persons mentioned in the last preceding paragraph; or

(d)authorize or direct the formation or appointment of, or appoint, associations, committees, managers, servants or agents for the purpose of exercising functions under these Regulations or any order under these Regulations.”.

Registration of wholesale potato merchants.

4. Regulation 14a of the National Security (Potatoes) Regulations is amended by adding at the end thereof the following sub-regulations:—

“(4.) A person may be registered generally or in respect of such group, class or area as the Committee specifies.

“(5.) The Committee may—

(a) classify registered wholesale potato merchants into such groups or classes as it thinks fit by reference to the respective activities and areas in which they are engaged; and

(b)in registering any wholesale potato merchant or by notice in writing to any registered wholesale potato merchant, specify the group or class, by reference to activities, in which he is registered, and the area in respect of which he is registered:

Provided that, if the Committee thinks fit, a merchant; may be classified in more than one group or class, or registered in respect of more than one area, in respect of different activities.

“(6.) An order under these Regulations may make different provisions in relation to registered wholesale potato merchants registered in different groups or classes, or in respect of different areas.”.

5. After regulation 14c of the National Security (Potatoes) Regulations the following regulation is inserted:—

Ships’ providores.

“14d.—(1.) A person shall not supply potatoes to any person or authority for use or consumption on any ship of war or ship employed in trade or commerce unless he is registered in pursuance of this regulation as a ship’s providore for potatoes.

“(2.) A person desiring to be registered under this regulation shall make application to the Committee in a form approved by the Committee and shall furnish such information relating to the application as the Committee requires.

“(3.) The Committee may, in its absolute discretion and upon such conditions as it thinks fit, register any person as a ship’s providore for potatoes.

“(4.) The Committee may, in any case where it considers it necessary so to do for the purposes of these Regulations, by notice in writing, cancel the registration of any person under this regulation.

“(5.) A person who, at the commencement of this regulation, was registered under the Potatoes Order No. 18 shall be deemed to be registered under this regulation upon the conditions (if any) upon which he was so registered.”.

6. Regulation 15 of the National Security (Potatoes) Regulations is repealed and the following regulation inserted in its stead:—

Power to enter and search for potatoes.

“15. Where the Committee believes that any potatoes in respect of which it suspects a contravention of these Regulations or of any order under these Regulations to have taken place are in any premises, vessel or vehicle, or part thereof, any constable specifically authorized in writing by the Committee so to do may, at any time of the day or night, enter and search those premises, or that vessel or vehicle, or part thereof, and any such constable may, if necessary for that purpose, break into and use force to enter the premises, vessel, vehicle or part.”.

Inspection of stocks, books, &c.

7. Regulation 16 of the National Security (Potatoes) Regulations is amended by inserting after the word “appointed” the words “in writing”.

8. Regulation 17 of the National Security (Potatoes) Regulations is repealed and the following regulation inserted in its stead:—

Accounts.

“17.—(1.) The accounts of the Committee shall be subject to audit by the Auditor-General.

“(2.) Where any moneys are received by any person in pursuance of his duties or functions under these Regulations or any order thereunder, he may keep a separate account of those moneys but the Committee may, by order, give directions as to the keeping of the accounts and the auditing thereof and as to the treatment of those moneys.”.

 

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