National Security (Sheepskins) Regulations (Cth)

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STATUTORY RULES.

1940. No. 78.

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 second 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 (Sheepskins) Regulations.

Citation.

1. These Regulations maybe cited as the National Security (Sheepskins) Regulations.

Objects.

2. The purpose of these Regulations is to provide for the carrying out of an arrangement between the Government of Great Britain and the Government of the Commonwealth for acquiring, in connexion with the present war, wool sheepskins in Australia available for export, and to provide for matters arising thereout and incidental thereto, and these Regulations shall be administered accordingly.

Regulations to be administered by Central WoolCommittee.

3. The Central Wool Committee, constituted under the National Security (Wool) Regulations shall be charged with the administration of these Regulations and of all matters arising out of the arrangement referred to in the last preceding regulation.

Powers of Central Wool Committee.

4. The Central Wool Committee shall have all powers and authorities conducive or incidental to the purpose of these Regulations, and in particular the power of employing such persons and upon such terms as it thinks fit, and the power, in the name of the Central Wool Committee, of contracting and entering into leases or acquiring any land or interest therein and of taking any legal proceedings.

Sheepskin Sub-Committee.

5. For the purposes of these Regulations, the Central Wool Committee may form a sub-committee, to be called the Sheepskin Sub-Committee, and may delegate to the sub-committee such powers, functions and duties as the Central Wool Committee from time to time thinks fit.

 

* Notified in the Commonwealth Gazette on , 1940.

1487.—8/1.5.1940.—Price 3d

 

Appointment ofSheepskinSub-Committee.

6. —(1.) The Sheepskin Sub-Committee shall consist of—

(a) a Chairman, who shall be a member of the Central Wool Committee;

(b) two other members of the Central Wool Committee, one of whom shall be the Executive Member; and

(c) such other persons, not exceeding six, as the Central Wool Committee thinks fit to appoint.

(2.) The Chairman and other members of the Sheepskin Sub-Committee (other than the Executive Member of the Central Wool Committee, who shall be a member ex officio) shall be appointed by the Central Wool Committee and shall hold office during the pleasure of the Central Wool Committee.

(3.) The Chairman and other members of the Sheepskin Sub-Committee shall be remunerated by fees fixed by the Central Wool Committee.

Proceedings ofSheepskinSub-Committee.

7. The Central Wool Committee may make rules regulating the manner in which the proceedings of the Sheepskin Sub-Committee (including the quorum and majorities necessary for decisions) shall be conducted and may by rules, or from time to time by resolution, determine the relations of the Sheepskin Sub-Committee to the Central Wool Committee.

Voidance of contracts.

8. Every contract or agreement for the sale of wool sheepskins, other than for the sale to persons within Australia, in force at the commencement of these Regulations, shall be void if and so far as the Central Wool Committee thinks fit so to direct. Any such direction may be given subject to such conditions or qualifications (if any) as the Central Wool Committee thinks fit to impose.

Appraisement of wool sheepskins.

9. All wool sheepskins available for export may, and, if the Central Wool Committee so directs, shall, be submitted for appraisement under these Regulations.

Acquisition of wool sheepskins submitted for appraisement.

10. Wool sheepskins submitted for appraisement may be rejected, but otherwise the property in every parcel of wool sheepskins submitted for appraisement shall pass to the Commonwealth when the final appraisement thereof is completed in the manner prescribed by the instructions of the Central Wool Committee governing the appraisement of wool sheepskins.

Table of limits.

11. —(1.) For the purpose of appraising wool sheepskins according to description, the Central Wool Committee shall cause to be prepared a table of limits or lists of appraisement types or classifications of wool sheepskins.

(2.) In the preparation of the table of limits, regard shall be bad to the prices indicated in the Scoured Skin Wool Section of the table of limits prepared under regulation 16 of the National Security (Wool) Regulations.

Appointment of appraisers.

12. — (1.) The Minister may, upon the recommendation of the Central Wool Committee, appoint Controlling Appraisers for the Commonwealth and Appraisers in each State, and may terminate the appointment of any Controlling Appraiser or of any Appraiser, without prior notice.

 

(2.) A person shall not act as a Controlling Appraiser or as an Appraiser—

(a) if he has not been so appointed;

(b) if he has not made a declaration in accordance with Form A in the Schedule to these Regulations; or

(c) if his appointment has been terminated.

Manner of appraisement.

13. —(1.) The appraisement of each parcel of wool sheepskins shall be made by three Appraisers, one of whom shall represent the owner thereof, and two of whom shall represent the Commonwealth.

(2.) The Appraisers shall appraise each lot of wool sheepskins submitted and determine its value, and the determination shall be final and without appeal.

Manner of packing and display.

14. Wool sheepskins shall be packed and displayed for appraisement in accordance with the directions of the Central Wool Committee. Subject to such directions and to these Regulations, the conditions prevailing with reference to wool sheepskins in each selling centre before the first day of September, 1939, shall continue and shall be observed.

Sheepskins not to be appraised in certain stores.

15. Wool sheepskins shall not be appraised in the store of any Sheepskin Export Packer unless—

(a) the Sheepskin Export Packer has been approved in writing by the Central Wool Committee;

(b) the approval has not been withdrawn; and

(c) the Sheepskin Export Packer has entered into a bond as determined by the Central Wool Committee.

Information not to be supplied.

16. A Controlling Appraiser, Appraiser, or other person employed for the purposes of these Regulations shall not, without the consent in writing of the Chairman of the Central Wool Committee, supply information with reference to any wool sheepskins, or to any matter affecting the administration of these Regulations, for publication in any newspaper, or by broadcast or otherwise.

Approval of expenditure.

17. All expenditure for the purpose of these Regulations approved by the Chairman of the Central Wool Committee, or the Executive Member, acting for and on behalf of the Central Wool Committee shall be deemed to have been duly authorized by the Central Wool Committee.

Finance.

18. —(1.) All moneys payable by the Government of Great Britain under the arrangement referred to in regulation 2 of these Regulations shall be received by the Central Wool Committee, and out of those moneys the Central Wool Committee shall defray all costs, charges and expenses of administering these Regulations, and make the payments to suppliers of wool sheepskins.

(2.) Moneys arising under the arrangement referred to in the last preceding sub-regulation shall be kept separate from the moneys arising under the arrangement referred to in regulation 2 of the National Security (Wool) Regulations and all expenditure incurred in the administration of these Regulations shall be borne by the former moneys.

(3.) Notwithstanding the provisions of the last preceding sub-regulation, the Central Wool Committee may use the services of the

 

organization set up under the National Security (Wool) Regulations, or of any member or members of that organization, for the purposes of these Regulations, to such extent as it thinks proper, and shall charge therefor against the moneys arising under these Regulations such sum (if any) as it thinks fit.

 

SCHEDULE.

 

Regulation 12. Form A.

Commonwealth of Australia.

NATIONAL SECURITY (SHEEPSKINS) REGULATIONS.

Declaration.

I, of  being a Controlling Appraiser/an Appraiser appointed under the National Security (Sheepskins) Regulations, do solemnly and sincerely declare as follows:—

(a) Here insert country of birth

(b) Here insert date of birth.

(c) Here insert nationality at date of birth.

(d)Here insert present nationality.

1. I was born at (a) on (b)

2. At the date of my birth I was(c)

3. I am now (d)

And I do solemnly and sincerely promise and declare that I will faithfully and, to the best of my ability, perform the duties imposed on me as a Controlling Appraiser/an Appraiser under those Regulations and that I will not, except in the course of my duty, disclose any information which comes into my possession in the course of those duties, and that I will not, without the consent in writing of the Chairman of the Central Wool Committee, supply information for publication in any newspaper or by broadcast or otherwise:

And I make this solemn declaration by virtue of the Statutory Declarations Act 1911-1922 conscientiously believing the statements contained therein to be true in every particular.

Declared at

this day of  *

19

Before me  

 

* Signature of Appraiser.

  Signature of person before whom declaration made.

‡ Title of person before whom declaration made.

Note.—Any person who makes a false statement in a Statutory Declaration is guilty of an indictable offence, and is liable to imprisonment, with or without hard labour, for four years.

 

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

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