National Security (Rabbit Skins) Regulations (Cth)

STATUTORY RULES.

1940. No. 96.

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939.*

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.

Dated this thirteenth day of May, 1940.

Governor-General.

By His Excellency’s Command,

for and on behalf of the Minister of State for Defence Co-ordination.

 

National Security (Rabbit Skins) Regulations.

Citation.

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

Commencement

2. These Regulations shall come into operation on the tenth day of June, 1940.

Definitions.

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

“Committee” means an Appraisement Committee constituted under these Regulations;

“licensed broker” means a person who is the holder of a rabbit skins broker’s licence;

“licensed hat manufacturer” means a person who is the holder of a hat manufacturer’s licence;

“the Board” means the Australian Rabbit Skins Board constituted under the Rabbit Skins Export Charges Appropriation Act 1940;

“the Minister” means the Minister of State for Commerce.

Appointment of officers.

4.—(1.) The Board may appoint such officers as are necessary to assist the Board in carrying out its functions under these Regulations.

(2.) Officers appointed in pursuance of these Regulations shall not be subject to the Commonwealth Public Service Act 1922-1939 and shall hold office during the pleasure of the Board.

 

* Notified in the Commonwealth Gazette on , 1940.

3262.—Price 5d.

(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 Officers’ Rights Declaration Act 1928-1933 shall apply as if this regulation were a section of an Act and that Act and section had been specified in the Schedule to the Officers’ Rights Declaration Act 1928-1933.

(4.) The salaries and allowances of officers appointed in pursuance of this regulation shall be as determined 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 determined by the Governor-General.

AppraisementCommittees.

5.—(1.) For the purposes of these Regulations, the Minister may appoint, in each of such States as the Minister considers necessary, an Appraisement Committee of three persons.

(2.) The Minister shall appoint one member of each Committee to be the Chairman of that Committee.

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

(4.) At any meeting of the Committee, the Chairman shall have a deliberative vote and, in the case of an equality of votes, shall also have a casting vote.

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

(6.) Any member of the Board shall have the right to attend and to take part in the proceedings of any meeting of the committee, but shall not vote or be counted for the purposes of a quorum.

(7.) Each Committee shall have such powers and functions as are conferred upon it by Regulations or as the Board determines, but shall exercise all its powers or functions subject to any direction given by the Board.

Fees and expenses

6. There shall be payable to each member of the Board, or deputy of a member of the Board, and to each member of a Committee, such salary, fees and expenses as the Governor-General determines.

Trade in rabbit skins.

7. The trade in rabbit skins shall, subject to these Regulations, be carried on in accordance with normal conditions.

Licensing of exporters, manufacturers and brokers.

8.—(1.) A person shall not export any rabbit skins unless he is the holder of a licence in that behalf granted by the Board.

(2.) The Board may grant a licence (in these Regulations referred to as a “hat manufacturer’s licence”) to any person who is actively engaged or concerned in the business of manufacturing for felt hats.

(3.) The Board may grant a licence (in these Regulations referred to as a “rabbit skins broker’s licence”) to any person who is actively engaged or concerned in the business of selling rabbit skins by auction.

(4.) The grant of a licence under this regulation shall be in the absolute discretion of the Board.

 

(5.) The Board may, in its absolute discretion, cancel any licence granted under this regulation.

(6.) Any person whose licence under this regulation has been cancelled by the Board may appeal to the Minister, who may, in his absolute discretion, restore the licence or confirm the cancelation thereof.

Conditions of licences.

9.—(1.) A licence under the last preceding regulation may be granted subject to such terms and conditions (if any) as the Board specifies in the licence.

(2.) The holder of a licence under the last preceding regulation shall not contravene, or fail to comply with, any of the terms or conditions of his licence.

Rabbit skins for manufacture of hats not to be bought except at auction.

10.—(1.) Subject to this regulation, a licensed hat manufacturer shall not purchase any rabbit skins except at a sale by auction by a licensed broker.

(2.) Where the Board is satisfied that the supply of rabbit skins of any particular type, or at any particular place, for sale by auction is insufficient to meet the requirements of any hat manufacturer for manufacture for domestic consumption, the Minister may, by licence under his hand, authorize that hat manufacturer to buy such rabbit skins as are specified in the licence otherwise than at auction, and that hat manufacturer may buy rabbit skins accordingly.

(3.) A licence under the last preceding sub-regulation may be granted subject to such terms and conditions (if any) as the Board specifies therein.

(4.) A person shall not contravene, or fail to comply with, any term or condition of a licence under sub-regulation (2.) of this regulation which is applicable to him.

Resale ofunsuitableskins.

11. A licensed hat manufacturer shall not sell any rabbit skins—

(a) unless he has received from the Board a licence in writing to sell those rabbit skins; and

(b) except in accordance with the terms of the licence.

Table of limits.

12. For the purposes of the appraisement of rabbit skins under these Regulations, the Board shall cause to be prepared a table of limits for the classes of rabbit skins required for the hat manufacturing trade, and may select, and from time to time revise, samples of rabbit skins to be used for appraisement purposes.

Appraisement of rabbit skins bought by auction.

13.—(1.) All rabbit skins bought by a licensed hat manufacturer at a sale by auction by a licensed broker shall be appraised.

(2.) A licensed hat manufacturer shall submit all rabbit skins so bought by him for appraisement in such manner as the Board directs.

(3.) The appraisement of each parcel of rabbit skins shall be made by a Committee, or by an officer of the Board authorized for the purpose, as the Minister determines.

(4.) The appraised value of each parcel of rabbit skins shall be final and conclusive for the purposes of these Regulations.

Payments to hatmanufacturers.

14.—(1.) The Board shall pay to each licensed hat manufacturer, in respect of so many of the rabbit skins purchased by him at a sale by auction by a licensed broker as do not exceed his normal domestic

 

requirements of rabbit skins together with his requirements of rabbit skins for military purposes; the difference (if any) by which the appraised value thereof is less than the actual purchase price thereof, or an amount representing the purchase price thereof at the average price of rabbit skins of the types purchased at sales by auction on the day of purchase, whichever is the less,

(2.) For the purposes, of this regulation, the Minister may determine—

(a) the normal domestic requirements of rabbit skins of any licensed hat manufacturer;

(b) the military requirements of rabbit skins of any licensed hat manufacturer; and

(c) the average price of any rabbit skins at sales by auction on any day,

and any such determination of the Minister shall be final and conclusive for the purposes of these Regulations.

(3.) For the purposes of determining the normal domestic requirements of rabbit skins of any licensed hat manufacturer, the Minister shall have regard to the quantities of rabbit skins purchased by him for the manufacture of fur felt hats for use in Australia in a recent representative period determined by the Minister.

Acquisition of rabbit skins.

15. The Minister, from time to time, by order published in the Gazette, may declare that any rabbit skins described in the order are acquired by the Commonwealth and those rabbit skins shall thereupon become the absolute property of the Commonwealth, freed from all mortgages, charges, liens, pledges, interests and trusts affecting them and the rights and interests of every person therein are hereby converted into claims for compensation.

Disposal of rabbit skins acquired by the Commonwealth.

16. Any person having rabbit skins acquired by the Commonwealth in his possession, control or disposal shall hold them on behalf of the Commonwealth until the receipt of a notice in writing from the Board instructing him as to the disposal thereof, when he shall act in accordance with the instructions contained in the notice.

No person to part with possession of rabbit skins except as provided.

17. Except as provided by the last preceding regulation, or with the consent of the Board, a person shall not—

(a) part with the possession of any rabbit skins acquired by the Commonwealth which are held in his possession; or

(b) take into his possession any rabbit skins which are the property of the Commonwealth.

Compensation.

18. (1.) Any person who, immediately prior to the acquisition of any rabbit skins by the Commonwealth, had any right or interest therein may forward to the Board a claim for compensation in accordance with the Form in the Schedule to these Regulations and shall be entitled to be paid such amount of compensation as the Minister, after taking into consideration the recommendation of the Board, determines.

(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 rabbit skins 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 a determination in respect of that claim has not been made.

Contracts for sale of rabbit skins.

19.—(1.) Every contract relating to the sale of any rabbit skins acquired by the Commonwealth, entered into before the acquisition of those rabbit skins, is hereby declared to be void and of no effect insofar as that contract has not been completed by delivery.

(2.) Any transaction or contract with respect to any rabbit skins which are the subject-matter of any contract or part of a contract which is declared by the last preceding sub-regulation to be void shall also be void and of no effect.

(3.) Any money paid in respect of any contract or transaction declared by this regulation to be void shall be repaid.

(4.) 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, insofar as that contract has not been completed by delivery prior to the acquisition of the rabbit skins, be brought in any Federal or State Court or Court of a Territory of the Commonwealth.

Power to enter and search for rabbit skins.

20. Any member of the Police Force of the Commonwealth or of a State or Territory authorized so to do by the Board may, at any time in the day or night, enter and search any premises or vessel, or part thereof, where any rabbit skins acquired by the Commonwealth are, or are suspected to be, and, if necessary for that purpose, may break into and use force to enter the premises or vessel, or part thereof.

Inspection of stocks books, &c.

21. For the purposes of these Regulations, any person thereto authorized by the Board may, at all reasonable times, enter any premises and inspect any stocks of rabbit skins and any accounts, books and documents relating to any rabbit skins.

Proper care ofCommonwealth rabbit skins to be taken.

22. Any person having any rabbit skins the property of the Commonwealth in his possession or under his care shall exercise proper care and take all proper and reasonable precautions and do all things necessary to preserve and safeguard those rabbit skins and to keep them free from all damage and deterioration.

Dealing in rabbit skins by Commonwealth.

23. The Commonwealth may purchase any rabbit skins and may use, sell, export or otherwise dispose of any rabbit skins acquired or purchased by it.

Powers of Board.

24. On behalf of the Commonwealth and subject to any directions of the Minister, the Board may—

(a) purchase any rabbit skins;

(b) use, sell, export or otherwise dispose of any rabbit skins 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 rabbit skins 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 the Board is required by these Regulations to do or which are necessary or convenient for giving effect to these Regulations.

 

Finance.

25.—(1.) The Board shall open and maintain an account at the Commonwealth Bank of Australia into which it shall pay all moneys received in respect of sales of rabbit skins or otherwise, and any moneys appropriated by the Parliament and authorized to be paid to the Board.

(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 authorized to be made by these Regulations.

(3.) The accounts of the Board shall be subject to audit by the Auditor-General for the Commonwealth.

ArrangementwithCommonwealth Bank for advances.

26. The Minister may arrange with the Commonwealth Bank of Australia for the making by that Bank of advances to the Board for the purposes of these Regulations and may guarantee to the Bank the repayment, out of moneys lawfully made available by the Parliament, of any advance made by the Bank in pursuance of the arrangement.

Returns.

27.—(1.) The Board may, by order, require any person or class of persons to furnish such returns relating to rabbit skins, the purchase or sale of rabbit skins, or the manufacture or export of fur felt hats, as the Board specifies in the order.

(2.) A person shall not make, in any return furnished in pursuance of an order under the last preceding sub-regulation, any statement which is false or misleading in any particular.

 

THE SCHEDULE.

National Security (Rabbit Skins) Regulations.

CLAIM FOR COMPENSATION FOR RABBIT SKINS ACQUIRED BY THE COMMONWEALTH.

Made by—

Name

Address

Name of person from whom the rabbit skins, the subject of the claim, were acquired by the Commonwealth  

Address ..........................................................

Quantity of rabbit skins in which right or interest is claimed .....................................................

Description of rabbit skins...............................

Date of acquisition..........................................

Particulars of right or interest on which claim is based  

I , declare that, to the best of my knowledge and belief, the information given in this Return is true and correct in every particular.

(Signature).

(Date)

 

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