STATUTORY RULES.
1941. No. 34.
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 Seventeenth day of February, 1941.
Governor-General.
By His
Excellency’s Command,
Acting Minister of State for
Defence Co-ordination.
National Security (Price of Wool for Manufacture for
Export) Regulations.
Citation.
1. These Regulations
may be cited as the National Security (Price of Wool for Manufacture for
Export) Regulations.
Incorporation.
2. These Regulations
shall be incorporated and read as one with the National Security (Wool)
Regulations and the National Security (Wool Tops) Regulations.
Definition.
3. In these Regulations,
unless the contrary intention appears—
“the National Security (Wool) Regulations” means
Statutory Rules 1939, No. 108, as amended by Statutory Rules 1940, No. 77, and
1940, No. 227.
Purpose.
4. The purpose of
these Regulations is to provide means for ensuring that a proper price shall be
obtained by the Central Wool Committee for wool used in the manufacture of
goods for export though it may exceed the amount exacted for like wool used in
the manufacture of goods for domestic consumption.
* Notified in
the Commonwealth Gazette on ,
1941.
678.—12/4.2.1941.—Price. 3d.
Particulars
of orders for manufacture for export to be furnished.
5.—(1.) When an
order for manufacture for export from Australia is received or obtained, the
person receiving or obtaining the order, and any person through whom the order
is received or obtained, shall forthwith give notice thereof to the Central
Wool Committee, and shall furnish, or cause to be furnished, to the Central
Wool Committee such particulars of the order and of the manufacturer or
manufacturers concerned and of the wool, wool tops or yarn to be used in the
fulfilment of the order and otherwise, as the Central Wool Committee, by
special or general direction, requires.
(2.) A person shall not accept or
act upon any such order, or permit any such order to be accepted or acted upon
through him, or undertake or commence any process of manufacture, with a view
to supplying the whole or any part of any such order, unless the consent of the
Central Wool Committee is first obtained. The Central Wool Committee may give
its consent subject to any conditions it thinks fit to impose.
(3.) For the purpose of these
Regulations any order direction or request, or contract agreement or
arrangement, to manufacture or supply or procure for the purpose of shipment or
export from Australia or delivery out of Australia worsted, woollen or knitted
goods or yarn or any other goods made wholly or partly from wool shall be
deemed to be an order for manufacture for export from Australia.
Authority
to purchase wool formanufacture
for export.
6.—(1.) A general
authorization of the Central Wool Committee under sub-regulation (1.) of
regulation 23 of the National Security (Wool) Regulations to purchase wool
shall not operate to authorize a person to purchase wool for the purpose of
manufacture for export or for the purpose of combing wool into tops to be used for the
purpose of manufacture for export.
(2.) Any person desirous of
purchasing wool for the purpose of manufacture for export or for the purpose of
combing into tops to be used for the purpose of manufacture for export may
apply under that sub-regulation to the Central Wool Committee for special
authority to purchase wool for that purpose.
(3.) The Central Wool Committee
may, under that sub-regulation, authorize the purchase of wool for the purpose
of manufacture in or towards the execution or fulfilment of a particular order
or orders, or subject to any other limitation or without limitation, and the
conditions which the Central Wool Committee may impose shall include any
condition, restriction or obligation, whether as to price, time or occasion of
payment or otherwise, which appears to the Committee to be conducive or
incidental to the purpose of these Regulations.
Payment
of part of price may be deferred.
7. The Central Wool Committee may, either as
a condition of authorizing the purchase of wool under sub-regulation (1.)
of regulation 23 of the National Security (Wool) Regulations, or by resolution
or direction or in any other manner which it may think expedient, provide for
postponing the payment of any part of the price payable for the purchase of
wool under that sub-regulation, and for treating it as a deferred or contingent
liability which the Central Wool Committee may remit upon proof to its
satisfaction that the wool has been used in the manufacture of goods
distributed for consumption within Australia and which otherwise it may call up
and enforce.
Purchaser
of wool to be liable to pay deferred part of price.
8.—(1.) If any part
of the price of wool purchased under sub-regulation (1.) of regulation 23 of
the National Security (Wool) Regulations is postponed or treated as a deferred
or contingent payment, or for any reason remains unpaid, every person buying,
obtaining or using in manufacture any wool tops or yarn produced from or
containing such wool shall, subject to the power of remission conferred upon
the Central Wool Committee by regulation 7 of these Regulations, be liable to
the Central Wool Committee for payment of such proportion as appears to the
Central Wool Committee fairly to represent the wool contained in the wool tops
or yarn so bought obtained or used.
(2.) The person purchasing the wool
and every person so buying, obtaining or using the wool, wool tops or yarn
shall be liable severally to the Central Wool Committee but as between
themselves their liability shall depend upon the terms as to the incidence of
such payment, whether express or implied, upon which the wool, wool tops or
yarn passed from one to another of them.
Goods
not to be exported unless full price paid.
9.—(1.) A person
shall not export, or cause to be exported, from Australia any worsted woollen
or knitted goods, or any other goods made wholly or partly from wool, unless
and until the Central Wool Committee certifies in writing that it is satisfied
that the full price payable to the Central Wool Committee for the wool
contained therein has been wholly paid to it and discharged.
(2.) A document under the hand of
the Executive Member or of the Secretary of the Central Wool Committee,
certifying that the Committee is so satisfied in respect of goods named
therein, shall suffice as a certificate of the Central Wool Committee for the
purpose of sub-regulation (1.) of this regulation.
(3.) Upon production of such
certificate to the proper officer of Customs he may permit the export of the
goods named therein.
Failure
to comply with conditions.
10.—(1.) A person on
whom any condition is imposed by the Central Wool Committee in pursuance of
these Regulations, or who falls within the intended application or operation of
any such condition, shall observe and comply with that condition.
(2.) The liability to prosecution
and punishment of any person who contravenes or fails to comply with any
provisions of these Regulations or with any such condition shall be independent
of his civil liability to the Central Wool Committee or to any other body or
person.
By Authority: L. F. Johnston, Commonwealth
Government Printer, Canberra.