National Security (Tea Control) Regulations (Amendment) (Cth)

STATUTORY RULES.

1942. No. 270

 

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.*

I, THE DEPUTY OF 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 Nineteenth day of June, 1942.

Deputy of the Governor-General.

By His Excellency’s Command,

for and on behalf of the Minister of

State for Defence.

 

Amendments of the National Security (Tea Control) Regulations.

Definitions.

1. Regulation 3 of the National Security (Tea Control) Regulations is amended—

(a) by inserting after the definition of “member” the following definition:—

“‘primary wholesaler’ means a wholesale trader in tea who, during the years 1938, 1939, 1940 and 1941, purchased tea which had not previously been purchased, except on an indent basis, by any other wholesale trader in Australia;”; and

(b) by adding at the end thereof the following sub-regulation:—

“(2.) Any reference in these Regulations (other than regulation 4) to tea shall be read as including a reference to coffee.”.

* Notified in the Commonwealth Gazette on , 1942.

  Statutory Rules 1942, No. 139, as amended by Statutory Rules 1942, No. 229.

4148.—price 5d. 25/16.6.1942.

 

Constitution of Tea Control Board.

2. Regulation 4 of the National Security (Tea Control) Regulations is amended—

(a) by inserting in sub-regulation (2.), after paragraph (c), the following paragraph:—

“(ca) one member being an officer of the Department of Supply and Development;”; and

(b) by omitting from sub-regulation (3.) the word and symbols “(c) and (d)” and inserting in their stead the word and symbols “(c), (ca) and (d)”.

Powers and functions of Board.

3. Regulation 9 of the National Security (Tea Control) Regulations is amended—

(a) by inserting after paragraph (a) of sub-regulation (1.) the following paragraphs:—

“(aa) to appoint agents for the purchase and importation of tea on its behalf in accordance with any directions given by the Tea Controller on behalf of the Board;

(ab) with the consent of the Minister, to undertake risks not covered by insurance;”;

(b) by omitting from paragraph (b) of that sub-regulation the word “and”;

(c) by adding at the end of that sub-regulation the following word and paragraph:—

“; and

(d) do all other things which are necessary or convenient for giving effect to these Regulations.”; and

(d) by omitting from sub-regulation (2.) the words “such order” and inserting in their stead the words “order made under the last preceding sub-regulation”.

4. Regulation 9a. of the National Security (Tea Control) Regulations is repealed and the following regulations are inserted in its stead:—

“Licensing of primary wholesalers.

9a.—(1.) The Board may, in its discretion, grant a licence in such form, and upon such conditions, as it thinks fit to any primary wholesaler authorizing him to buy or sell tea by wholesale.

“(2.) A person to whom a licence is granted under this regulation shall comply with every condition upon which the licence is granted.

“(3.) A person shall not, without the consent of the Board, purchase or sell tea by wholesale unless he is the holder of a licence issued under this regulation.

“(4.) The Board may at any time cancel, vary or amend any licence granted under this regulation.

Adjustment accounts.

“9b.—(1.) The Board may open in its own name with the Commonwealth Bank of Australia accounts to be known as the Tea Wholesalers’ Adjustment Account and the Coffee Wholesalers’ Adjustment Account respectively.

 

“(2.) A primary wholesaler shall pay to the Board for payment into the appropriate Adjustment Account from time to time as directed by the Board any amount by which the proceeds of the sale by him of tea or coffee exceed an amount sufficient to provide a margin of gross profit to be determined from time to time by the Commonwealth Prices Commissioner.

“(3.) The Board may pay out of the appropriate Adjustment Account to any primary wholesaler such amounts as it thinks fit for the purpose of making good any amount by which the proceeds of the sale by him of tea or coffee fall short of an amount sufficient to provide that margin of gross profit.

“(4.) The Board may advance moneys for the purposes of the accounts established in pursuance of this regulation and may repay any such advance out of the account to which it is made.

“(5.) Any amount which a primary wholesaler is obliged to pay to the Board in pursuance of this regulation shall be a debt due by him to the Board, and may be recovered by the Board by action in any court of competent jurisdiction.”.

5. After regulation 10 of the National Security (Tea Control) Regulations the following regulations are inserted:—

“Officers and employees.

10a.—(1.) The Board may, subject to any directions of the Minister, appoint such officers and such casual and temporary employees as it deems necessary for the purposes of these Regulations, and at such rates of pay and upon such conditions of employment as are, subject to the approval of the Public Service Board, determined by the Board.

“(2.) Officers and employees appointed under these Regulations shall be exempt from the provisions of the Commonwealth Public Service Act 1922-1941.

“(3.) Where an officer or employee appointed in pursuance of these Regulations was, immediately prior to his appointment, an officer of the Public Service of the Commonwealth, his service as an officer or employee 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 1922-1940 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 1922-1940.

Powers of officers.

“10b. For the purposes of these Regulations, any officer of the Board authorized in writing by the Tea Controller to act under this regulation may at all reasonable times enter any premises and inspect any stocks of tea and any accounts, books and documents relating to tea which he finds on the premises.

“Power of Tea Controller to require securities.

10c.—(1.) The Tea Controller may require and take securities for compliance with these Regulations or with any order made thereunder or with any condition specified by the Tea Controller in any such order.

“(2.) Any such security shall be in accordance with Form 1. in the Schedule to these Regulations and shall be by bond or guarantee or cash deposit or all or any of such methods so that in each case the security shall be approved by the Tea Controller.

 

“(3.) When security is required for any particular purpose the security may, by the authority of the Tea Controller, be accepted to cover all transactions for such time and for such amount as the Tea Controller determines.

“(4.) If the Tea Controller is not at any time satisfied with the sufficiency of any security, the Tea Controller may require a fresh security and a fresh security shall be given accordingly.

“(5.) A security in accordance with Form 1. shall without sealing bind its subscribers as if sealed, and jointly and severally, and for the full amount.

“(6.) Whenever a security is put in suit by the Commonwealth, the production thereof without further proof shall entitle the Commonwealth to judgment for their stated liability against the persons appearing to have executed the security unless the defendants prove compliance with the conditions thereof, or that the security was not executed by them, or release or satisfaction.

“(7.) If it appears to the Court that a non-compliance with the conditions of the security has occurred, the security shall not be deemed to have been invalidated or discharged and the subscribers shall not be deemed to have been released or discharged from liability by reason of—

(a) an extension of time or other concession;

(b) the Commonwealth or any person acting on its behalf having consented to, or acquiesed in, a previous noncompliance with the conditions; or

(c) failure by the Commonwealth to bring suit against the subscribers upon the occurrence of any previous non-compliance.

“Declaration of secrecy.

10d.—(1.) Any person exercising any power or performing any duty under these Regulations shall, before entering on his duties under these Regulations, sign a declaration of secrecy in accordance with Form 2. in the Schedule to these Regulations.

“(2.) Any such person shall not, except in the course of his duty under these Regulations, or with the consent of the Minister, directly or indirectly communicate or divulge any information relating to any matter which comes to his knowledge in consequence of his official position.”.

6. After regulation 13 of the National Security (Tea Control) Regulations the following regulation is added:—

“Finance.

14.—(1.) The Board shall open and maintain an account with the Commonwealth Bank of Australia into which it shall pay all moneys received in respect of sales of tea or otherwise, and any moneys appropriated by the Parliament or borrowed by the Minister for use by the Board on behalf of the Commonwealth, or advanced by the Treasurer to meet the financial commitments of the Board with respect to the purchase and sale of tea or for any other purpose within the functions of the Board.

“(2.) Out of the moneys standing to the credit of the account, the Board 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 on its behalf by the Board for the purposes of these Regulations and may guarantee to that Bank the repayment out of moneys lawfully made available by the Parliament of any advance made by the Bank in pursuance of the arrangement.

“(4.) The Minister may give guarantees and indemnities with respect to the liabilities of agents of the Board incurred or to be incurred in connexion with the purchase and importation of tea on behalf of the Board.

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

Schedule.

7. The National Security (Tea Control) Regulations are amended by adding at the end thereof the following Schedule:—

“THE SCHEDULE.

Form 1. Reg. 10c.

Commonwealth of Australia.

NATIONAL SECURITY (TEA CONTROL) REGULATIONS.

Security to the Commonwealth of Australia.

By this Security the subscribers are, pursuant to the National Security (Tea Control) Regulations, bound to the Commonwealth of Australia in the sum of [here insert amount or mode of ascertaining amount intended to he paid in default of compliance with the condition] subject only to this condition that if [here insert the condition of the security] then this security shall be thereby discharged.

Dated the  day of , 19 .

Names and Descriptions of Subscribers. Signatures of Subscribers. Signatures of Witnesses.

 

Form 2. Reg. 10d.

Commonwealth of Australia.

NATIONAL SECURITY (TEA CONTROL) REGULATIONS.

Declaration of Secrecy.

I,  of  in the State/Territory of in the Commonwealth of Australia, do solemnly and sincerely declare that, except in the course of my duty under the above Regulations, or with the consent of the Minister for Trade and Customs, I will not directly or indirectly communicate or divulge any information relating to any matter which comes to my knowledge in consequence of my employment for the purposes of those Regulations.

Declared at

this day of

1942.

Before me—

Justice of the Peace for

Commissioner for taking Affidavits.

Commissioner for Declarations.”.

 

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