National Security (Stored Wheat) Regulations (Cth)

STATUTORY RULES.

1940. No. 177.

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 third day of August, 1940.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

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

 

National Security (Stored Wheat) Regulations

Citation

1. These Regulations may be cited as the National Security (Stored Wheat) Regulations.

Definitions.

2. In these Regulations—

“contract” includes any contract, agreement, warrant, receipt or acknowledgment, whether reduced to writing or not;

“stored wheat contract” means any contract containing or comprising terms or conditions upon which wheat of the 1939-1940 season, or of any previous season, is delivered by one party to the other when, under those terms or conditions, the party receiving the wheat may become liable to the party delivering the wheat for a price or amount fixed or to be fixed by reference to a price of wheat ruling or prevailing or offered or obtainable at some ascertained or ascertainable time or at a time fixed by notice or by some other contingent event, and whether such price be a general market price or the price of the party receiving the wheat or a price defined in some particular manner; and “price of stored wheat” means the said price or amount which, according to the terms, or conditions of the stored wheat contract, is so fixed or to be fixed.

Fixation of price of stored wheat.

3. Unless by an agreement in writing made after the commencement of the Wheat Acquisition Regulations the parties to a stored wheat contract make some other provision to meet or overcome the consequences of the operation of the Wheat Acquisition Regulations and the

 

* Notified in the Commonwealth Gazette on , 1940.

4858—8/21.8.1940.—Price 3d.

 

acquisition of wheat thereunder by the Commonwealth upon the mode for determining the price of stored wheat provided by that contract, the price of stored wheat shall, for the purpose of that contract, be fixed at the rate or rates per bushel determined under regulation 19 of the Wheat Acquisition Regulations, less proper charges and deductions.

Contracts forre-delivery of wheat.

4. If under a stored wheat contract or any other contract for the storage of wheat made before the commencement of the Wheat Acquisition Regulations the party delivering wheat is entitled to require the party receiving the same to re-deliver wheat to him or at his direction, the party receiving the wheat, instead of re-delivering wheat according to the tenor of the contract, may pay a price therefor fixed at the rate or rates per bushel determined under regulation 19 of the Wheat Acquisition Regulations, less proper charges and deductions.

Determination of disputes.

5. If the parties to a stored wheat contract or other contract for the storage of wheat are unable to agree upon the price payable under regulation 3 or regulation 4 of these Regulations, the price shall, on the application to the Australian Wheat Board by any of the parties, be fixed by the Board, and the Board may settle any other difference or question arising under regulation 3 or regulation 4 of these Regulations.

Actions upon stored wheat contracts.

6. No action or other proceeding shall be brought upon a stored wheat contract without the consent in writing of the Minister of State for Commerce.

 

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