National Security (Superphosphate Industry) Regulations (Cth)

STATUTORY RULES.

1943. No. 1.

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 twelfth day of January, 1943.

GOWRIE

Governor-General.

By His Excellency’s Command,

W. J. SCULLY

for and on behalf of the Minister of

State for Defence.

 

National Security (Superphosphate Industry) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Superphosphate Industry) Regulations.

Administration

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

Objects.

3. The objects of these Regulations are to secure, for the purposes of the defence of the Commonwealth and the effectual prosecution of the war, that adequate provision of superphosphate is made and maintained, and to that end to set up an authority to control the manufacture, distribution and consumption of superphosphate, and these Regulations shall be administered accordingly.

Definitions.

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

“superphosphate” includes any inorganic phosphatic fertilizer;

“the Committee” means the Superphosphate Industry Committee constituted under these Regulations.

 

* Notified in the Commonwealth Gazette on 13th January, 1943.

 

Superphosphate Control Committee.

5.—(1.) For the purposes of these Regulations, there shall be a committee, to be known as the Superphosphate Industry Committee.

(2.) The Committee shall consist of—

(a) a representative of the Department of Commerce and Agriculture;

(b) a representative of the Department of the Treasury;

(c) a representative of the Department of War Organization of Industry;

(d)a representative of the Prices Branch of the Department of Trade and Customs;

(e)a representative of the Board of Commissioners (known as the British Phosphate Commissioners) constituted under the agreement set, out in the Schedule to the Nauru Island Agreement Act 1919;

(f) four representatives of manufacturers of superphosphate;

(g)a representative of employees engaged in the manufacture of superphosphate; and

(h) an Executive Member.

(3.) The members of the Committee shall be appointed by the Minister and shall hold office during his pleasure.

(4.) The member of the Committee who is the representative of the Department of Commerce and Agriculture shall be the Chairman of the Committee and the member of the Committee who is the representative of the Prices Branch of the Department of Trade and Customs shall be the Deputy Chairman of the Committee.

(5.) The Committee shall be a body corporate, with perpetual succession and a common seal.

(6.) A member of the Committee shall not be personally liable for any act of the Committee or for any act done by him as a member of the Committee.

(7.) The proceedings of the Committee shall not be invalidated by reason only of there being a vacancy in the office of any member of the Committee.

Deputies of members.

6.—(1.) The Minister may, in respect of each member of the Committee, appoint a person to be the deputy of that member.

(2.) Any person so appointed shall, in the event of the absence of the member of whom he is the deputy from any meeting of the Committee, have all the powers of that member during his absence but shall not be entitled to preside at the meeting.

(3.) Any reference in these Regulations to a member of the Committee shall include a reference to the deputy of the member.

(4.) Any such appointment of a deputy, and any act done by him as such, shall not, in any proceedings, be questioned on the ground that the occasion for his appointment or for the exercise of his powers had not arisen or had ceased.

Meetings of the Committee.

7.—(1.) Meetings of the Committee shall be held, subject to the next succeeding sub-regulation, at such times and places as the Committee determines.

(2.) The Chairman or Deputy Chairman of the Committee may at any time call a meeting of the Committee and shall call a meeting of the Committee when so required by not less than three members thereof.

 

(3.) At all meetings of the Committee, six members (including not less than three of the persons specified in paragraphs (a), (b), (c), (d), (e) and (h)of sub-regulation (2.) of regulation 5 of these Regulations) shall form a quorum.

(4.) In the absence of the Chairman from any meeting of the Committee, the Deputy Chairman shall preside, and, in the absence of both the Chairman and the Deputy Chairman from any meeting of the Committee, the Executive Member shall preside at that meeting.

(5.) At any meeting of the Committee, the person presiding thereat shall have a deliberative vote and, in the event of an equality of votes, shall also have a casting vote.

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

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

Fees and expenses.

8. There shall be payable to any member of the Committee who is not an officer of the Public Service of the Commonwealth such salary, fees and expenses as the Governor-General determines.

Powers and Junctions of Committee.

9.—(1.) Subject to any directions of the Minister, the Committee shall be charged with the making of arrangements for the manufacture and supply of superphosphate and for that purpose shall have and may exercise such powers and functions as are conferred on it by these Regulations.

(2.) The Committee may, subject to any direction of the Minister, by order, make provision for—

(a) regulating, increasing, restricting or prohibiting the manufacture, purchase, sale, storage, distribution, use, disposal or consumption of superphosphate;

(b)regulating, restricting or prohibiting the marking or branding of superphosphate;

(c) regulating the carrying on of any undertaking engaged in the production of superphosphate;

(d)regulating, increasing, restricting or prohibiting the production, manufacture, importation, treatment, distribution, sale or storage of containers for superphosphate and of goods used in the manufacture of superphosphate; and

(e) the furnishing of returns, or the supply of information, relating to superphosphate, containers for superphosphate and goods used in the manufacture of superphosphate.

(3.) An order under the last preceding sub-regulation may be absolute or subject to such conditions and restrictions as are specified in the order and may contain such incidental and supplementary provisions as are necessary for the purposes of the order.

(4.) The Committee may, on behalf of the Commonwealth, purchase, use, sell, export or otherwise dispose of superphosphate, containers for superphosphate and goods used in the manufacture of superphosphate.

Appointment of officers.

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

 

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

(3.) Where a person 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 under these Regulations 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 1928–1940 shall apply as if this regulation were a section of an Act and that Act and section were specified in the Schedule to the Officers’ Rights Declaration Act 1928–1940.

Arrangement with States.

11. The Governor-General may enter into an arrangement with the Governor of any State providing for any matters necessary or convenient for the purpose of carrying out or giving effect to these Regulations.

Powers of inspection.

12. For the purposes of these Regulations, any person thereto authorized by the Committee, or by a person to whom the powers of the Committee under this regulation have been delegated, may, at any reasonable time, enter any premises used in connexion with the manufacture of superphosphate and may inspect the premises, any plant therein used in the manufacture of superphosphate and any superphosphate, containers of superphosphate or goods used in the manufacture of superphosphate therein, and may also inspect any accounts, books and documents relating thereto or to the use thereof.

Secrecy

13.—(1.) Each member of the Committee, each officer of the Committee and any person performing any duty or exercising any function under these Regulations shall, before entering on his duties under these Regulations, sign before a Justice of the Peace or a Commissioner for Declarations a declaration of secrecy in accordance with the form in the Schedule to these Regulations.

(2.) A member of the Committee, an officer of the Committee or a person performing any duty or exercising any function under these Regulations shall not, except in the performance of his duties or the exercise of his functions under these Regulations, communicate or divulge any information relating to any matter which comes to his knowledge in consequence of the performance of his duties or the exercise of his functions under these Regulations.

Delegation.

14.—(1.) The Committee may delegate to any person all or any of its powers and functions under these Regulations.

(2.) Any such delegation shall be revocable at will and no delegation shall prevent the exercise of any such power or function by the Committee.

Authentication of documents.

15. Any order made by the Committee under these Regulations shall be sufficiently authenticated if it is in writing signed by the Chairman, Deputy Chairman or Executive Member of the Committee on behalf of the Committee and any order in writing purporting to have been so signed shall, in the absence of proof to the contrary, be deemed to have been duly made by the Committee.

 

Finance.

16.—(1.) The Committee stall open and maintain an account with the Commonwealth Bank of Australia into which it shall pay all moneys received in the exercise of its powers and functions under these Regulations together with any moneys appropriated by the Parliament or borrowed by the Commonwealth for use by the Committee on behalf of the Commonwealth or advanced by the Treasurer to the Committee for the purpose of the exercise of its powers and functions under these Regulations.

(2.) Out of the moneys standing to the credit of the account the Committee shall defray all costs and expenses of administering these Regulations and make all payments authorized to be made by these Regulations.

(3.) The Minister may arrange with the Commonwealth Bank of Australia for the making by that Bank of advances to the Commonwealth for use by the Committee on behalf of the Commonwealth for the purposes of these Regulations and may guarantee to the Bank the repayment, out of moneys made available by the Parliament, of any advances made by the Bank in pursuance of the arrangement.

(4.) The Minister may, on behalf of the Commonwealth, give guarantees and indemnities in respect of the liabilities of agents of the Committee incurred or to be incurred in connexion with the exercise of the powers and functions of the Committee.

(5.) The accounts of the Committee shall be subject to audit by the Auditor-General.

 

THE SCHEDULE.

——

Reg. 13.

Commonwealth of Australia.

NATIONAL SECURITY (SUPERPHOSPHATE INDUSTRY) REGULATIONS

Declaration of Secrecy.

I, , of , in the State/Territory of , do solemnly and sincerely declare that, except in the discharge of my duties or the performance of my functions under the above-mentioned Regulations, I will not communicate or divulge any information relating to any matter which comes to my knowledge in consequence of the discharge of my duties or the performance of my functions under those Regulations.

Declared at
this	day of
194 ,

Before me—

Justice of the Peace

or

Commissioner for Declarations.

 

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

8570.—2