National Security (Stock Dispersal) Regulations (Amendment) (Cth)

STATUTORY RULES.

1942. No. 310.

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 fifteenth

day of July , 1942.

Governor-General.

By His Excellency’s Command,

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

———

Amendments of National Security (Stock Dispersal) Regulations.

Commonwealth Stock Dispersal Committee.

1. Regulation 5 of the National Security (Stock Dispersal) Regulations is amended by omitting from sub-regulation (2.) the word “nine” and inserting in its stead the word “ten”.

Meetings of Committee.

2. Regulation 7 of the National Security (Stock Dispersal) Regulations is amended by omitting from sub-regulation (3.) the word “five” and inserting in its stead the word “six”.

Powers of Committee.

3. Regulation 15 of the National Security (Stock Dispersal) Regulations is amended by omitting paragraph (d) and inserting in its stead the following paragraph:—

“(d)by notice in writing direct any person having the possession, control or custody of any stock—

(i) to refrain from removing that stock into any area specified in the notice; or

(ii) to refrain from removing that stock out of any area specified in the notice;”.

* Notified in the Commonwealth Gazette on, 1942

  Statutory Rules 1942, No. 198.

4853.—Price 3d. 25/2.7.1942.

 

4.—(1.) After regulation 17 of the National Security (Stock Dispersal) Regulations the following regulation is inserted:—

Voluntary agreements for agreement.

“17a. The Committee may endeavour to arrange agreements between the owner or occupier of any land and the owner of any stock for the agreement by the owner or occupier of the land of any of that stock and may, if it thinks fit and subject to such conditions as the Committee notifies to the owner or occupier of the land, guarantee to the owner or occupier of the land the payment by the owner of the stock of any moneys due under the agreement.”.

(2.) Any moneys paid by the Committee to the owner or occupier of any land in pursuance of any such guarantee shall be recoverable by the Committee from the owner of the stock and shall constitute a first charge on the stock.

Committee may require all stock to be branded.

5. Regulation 20 of the National Security (Stock Dispersal) Regulations is amended by adding at the end thereof the following sub-regulations:—

“(2.) Any order made under this regulation may exempt from the provisions of the order any stock specified or described therein.

“(3.) In this regulation the word ‘brand’, in relation to sheep, shall be construed as including ‘ear-mark’.”.

Action where failure to comply with notice.

6. Regulation 21 of the National Security (Stock Dispersal) Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) Where any person having the possession, control or custody of any stock fails to comply with the terms of any notice, the Committee or a State Committee, or the Chairman of the Committee or of a State Committee, or any person authorized by the Committee or a State Committee or by the Chairman of the Committee or of a State Committee, to exercise the powers conferred by this sub-regulation, may remove or destroy the stock, or do any other act which the person on whom the notice was served was required by the notice to do.”.

7. After regulation 22 of the National Security (Stock Dispersal) Regulations the following regulation is inserted:—

Authentication of orders, notices, &c

“23. Any order, notice, direction or requirement authorized by these Regulations to be made or given by the Committee or by a State Committee shall be sufficiently authenticated if signed by the Chairman of the Committee or the Chairman of the State Committee, as the case may be, on behalf of the Committee or the State Committee, and any order, notice, direction or requirement purporting to have been so signed shall, in the absence of proof to the contrary, be deemed to have been made or given in pursuance of a resolution of the Committee or State Committee, as the case may be.”.

 

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