National Security (Stock Dispersal) Regulations (Cth)

STATUTORY RULES.

1942. No. 198

 

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 Twenty-seventh

day of April , 1942.

(SGD.) GOWRIE

Governor-General.

By His Excellency’s Command,

for and on behalf of the Minister of State

for Defence

 

National Security (Stock Dispersal) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Stock Dispersal) Regulations.

Administration.

2. These Regulations shall be administered by the Minister of State for Commerce.

Definitions.

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

“stock” means cattle, horses, pigs, sheep, goats and poultry;

“State Committee” means a State Committee constituted under these Regulations;

“the Chairman” means the Chairman of the Committee;

“the Committee” means the Commonwealth Stock Dispersal Committee constituted under these Regulations.

(2.) For the purposes of these Regulations, the Australian Capital Territory shall be deemed to be a separate State.

Regulations subject to certain orders.

4. These Regulations shall be construed subject to the provisions of any order issued under regulation 32 of the National Security (General) Regulations.

 

* Notified in the Commonwealth Gazette on , 1942.

2336.—Price 5d. 23/10.4.1942.

Commonwealth Stock Dispersal Committee.

5.—(1.) For the purposes of these Regulations there shall be a Commonwealth Stock Dispersal Committee.

(2.) The Committee shall consist of such members, not exceeding nine, as the Minister, by notice published in the Gazette, appoints, and who shall hold office during the pleasure of the Minister.

(3.) The Minister shall appoint one of the members to be the Chairman of the Committee and another, who shall be a person representing the Commonwealth Government, to be the Deputy Chairman of the Committee.

(4.) In the absence of the Chairman from any meeting, the Deputy Chairman shall preside at that meeting or, in the absence of both the Chairman and the Deputy Chairman, the members present at that meeting may choose one of their number to preside at that meeting.

Incorporation of Committee.

6. The Committee shall be a body corporate with perpetual succession and a common seal.

Meetings of Committee.

7.—(1.) Meetings of the Committee shall be held at such times and places as the Committee from time to time determines.

(2.) The Chairman, or any four members of the Committee, may at any time call a special meeting of the Committee.

(3.) At all meetings of the Committee five members shall form a quorum.

(4.) At all meetings of the Committee the Chairman shall have a deliberative vote and, in the case of an equality of voting, shall also have a casting vote.

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

(6.) The Committee shall keep a record of its proceedings,

State Committees.

8.—(1.) For the purposes of these Regulations there shall be a State Committee appointed for each of such States as the Minister thinks fit.

(2.) Each State Committee shall consist of such members as the Minister, on the recommendation of the Premier of the State (or, in the case of the Australian Capital Territory, on the recommendation of the Minister of State for the Interior), by notice published in the Gazette, appoints, and who shall hold office during the pleasure of the Minister.

(3.) The Minister shall appoint one of the members of each State Committee to be the Chairman of that State Committee.

(4.) A State Committee shall have such powers and functions as these Regulations confer or as the Commonwealth Stock Dispersal Committee directs, but shall exercise all its powers and functions subject to any direction of the Commonwealth Stock Dispersal Committee.

Meetings of State Committees.

9.—(1.) In the absence of the Chairman of a State Committee, the members present at any meeting may elect one of their number to preside at that meeting.

(2.) At any meeting of a State Committee, four members shall form a quorum.

(3.) At any meeting of a State Committee, the Chairman of that Committee shall have a deliberative vote and, in the case of an equality of voting, shall also have a casting vote.

(4.) All questions before a State Committee shall be decided by a majority of votes.

Local and Patrol Committees.

10. There shall be such Local Committees as the Committee or, subject to any direction of the Committee, a State Committee, appoints, which shall have such powers and functions as are authorized by the Committee or, subject to any direction of the Committee, by a State Committee.

Indemnity.

11. A member of the Committee, a State Committee or a Local Committee shall not be personally liable for any act of any of those Committees or for any act done by him as a member of any of those Committees.

Fees and expenses.

12.—(1.) There shall be payable to any member of the Committee or of a State Committee such salary, fees, allowances and expenses as the Governor-General directs.

(2.) There shall be payable to any member of a Local Committee such fees, allowances and expenses as the Minister directs.

Appointment of officers.

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

(2.) Officers appointed in pursuance of this regulation shall not be subject to the Commonwealth Public Service Act 1922–1941 and shall hold office during the pleasure of the Committee.

(3.) Where an officer appointed in pursuance of this regulation was, immediately prior to his appointment, an officer of the Public Service of the Commonwealth, his service as an officer of the Committee 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 1922–1940 shall apply as if this regulation and these Regulations were a section and an Act specified in the Schedule to that Act.

Delegation of powers.

14.—(1.) The Committee or, subject to any direction of the Committee, a State Committee, may, in relation to any matters or class of matters or in relation to any particular locality, delegate in writing such of its powers and functions under these Regulations (other than this power of delegation) as it thinks fit, so that the delegated powers or functions may be exercised by the delegate with respect to the matters or class of matters or the locality specified in the instrument of delegation.

(2.) Where, under these Regulations, the exercise of any power or function by the Committee or a State Committee is dependent upon the opinion, belief or state of mind of the Committee or State Committee, as the case may be, in relation to any matter, that power or function may be exercised by the delegate upon the opinion, belief or state of mind of that delegate.

(3.) Every such delegation shall be revocable at will, and no such delegation shall prevent the exercise of any power or function by the Committee or State Committee, as the case may be.

Powers of Committee.

15.—(1.) On behalf of the Commonwealth and subject to any direction of the Minister, the Committee may do all matters relating to the control, collection, removal or destruction of stock as are necessary for the defence of the Commonwealth and the efficient prosecution of the war.

(2.) Without limiting the generality of the power conferred in the last preceding sub-regulation, the Committee, subject to any direction of the Minister, may, for the purpose of exercising any powers of the Committee under the last preceding sub-regulation—

(a) by notice in writing require any person having the possession, control or custody of any stock to move that stock from the place at which it is to any place specified in the notice, in accordance with the terms of the notice, which terms may be as to date, route or otherwise whatsoever;

(b)where that stock is infected or is suspected by a Veterinary Officer of the Department of Agriculture of any State Government of being infected, with pleuro-pneumonia, contagiosa, cattle tick or tick fever, direct, by notice in writing, the person having the possession, control or custody of that stock either to move it to such abattoir or slaughter-house as is specified in the notice for slaughter, or to cause it to be destroyed forthwith, or to move it from the place where it is to some other place specified in the notice where there is other stock similarly infected, in accordance with the terms of the notice, which terms may be as to date, route or otherwise whatsoever;

(c) by notice in writing, direct any owner or occupier of land to accept and retain stock on that land for agistment;

(d)by notice in writing direct any person having the possession, control or custody of any stock to refrain from removing that stock into any area specified in the notice;

(e) by notice published in the Gazette, specify—

(i) any area to be an area into which stock of the kind specified in the notice shall not be moved except with the authority of the Committee; and

(ii) any area to be an area out of which stock of the kind specified in the notice shall not be moved except with the authority of the Committee; and

(f) enter into an agreement with any person to undertake the removal or destruction of any stock on behalf of the Committee.

Exercise of powers by State Committee.

16. Subject to any direction of the Minister or of the Committee, each State Committee shall have and may exercise all or any of the powers of the Committee under sub-regulation (2.) of the last preceding regulation.

Fees for agistment.

17.—(1.) Where, in pursuance of any notice given under paragraph (c) of sub-regulation (2.) of regulation 15 of these Regulations, the owner or occupier of any land has accepted and retained stock on that land for agistment, the Committee shall pay to him such compensation as is agreed upon between that person and the Committee or, failing agreement, as is determined by a referee appointed by the Minister.

(2.) Any compensation so paid shall be recoverable by the Committee from the owner of the stock and shall constitute a first charge on the stock.

Compliance with notices.

18. A person on whom any notice isserved under these Regulations shall not fail to comply with any of the requirements contained in that notice.

Stock not to be moved into or out of certain areas.

19. Except with the authority of the Committee, a person shall not—

(a)move into any area specified by notice under sub-paragraph (i) of paragraph (e) of sub-regulation (2.) of regulation 15 of these Regulations any stock of the kind specified in the notice; or

(b)move out of any area specified by notice under sub-paragraph (ii) of that paragraph any stock of the kind specified in the notice.

Committee may require all stock to be branded.

20. The Committee may, by order published in the Gazette, require every owner of stock in any locality specified in the order—

(a)if he is the registered owner of a brand within such time as is specified in the order, to brand all stock owned by him; or

(b)if he is not the registered owner of a brand, within such time as is specified in the order, to do all things necessary to become the registered owner of a brand in accordance with the law in force in that locality, and, within such time of becoming a registered owner as is specified in the order, to brand all stock owned by him,

and every owner of stock in the locality shall comply with the requirements contained in the order.

Action by Committee where failure to comply with notice.

21.—(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 the Chairman of a State Committee, may empower any person to remove or destroy the stock, or to do any other act which the person on whom the notice was served was required by the notice to do.

(2.) Noaction by any person under the last preceding sub-regulation shall relieve the person who failed to comply with the notice from any liability arising out of that failure.

Obstructing officers.

22. A person shall not hinder or obstruct any officer or other person in the exercise of his powers and duties under these Regulations.

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