National Security (Tea Control) Regulations (Cth)

STATUTORY RULES.

1942. No. 139

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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 Twentieth day of March,1942.

(SGD.) GOWRIE

Governor-General.

By His Excellency’s Command,

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

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National Security (Tea Control) Regulations.

Citation.

1.These Regulations may be cited as the National Security (Tea Control) Regulations.

Administration.

2.These Regulations shall be administered by the Minister of State for Trade and Customs.

Definitions.

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

“member” means member of the Board and includes the deputy of a member;

“the Controller” means the Tea Controller appointed under these Regulations; and

“the Board” means the Tea Control Board constituted under these Regulations.

Constitution of Tea Control Board.

4.—(1.) For the purposes of these Regulations there shall be a Tea Control Board, which shall be a body corporate with perpetual succession and a common seal.

 

*Notified in the Commonwealth Gazette on , 1942.

1944.—Price 3d. 25/13.3.1942.

(2.) Subject to these Regulations, the Board shall consist of—

(a) the Minister;

(b) the Commonwealth Prices Commissioner;

(c) two members being officers of the Department of Customs and the Department of Commerce respectively;

(d)three members representing the wholesale tea trade.

(3.) The members of the Board specified in paragraphs (c) and (d)of sub-regulation (2.) of this regulation shall be appointed by the Minister and shall hold office during his pleasure.

(4.) The Minister may appoint a person representing the retail tea trade to be an additional member of the Board during the pleasure of the Minister:

Provided that a member so appointed shall be entitled to attend and vote only at such meetings of the Board as the Minister directs.

(5.) A vacancy in the office of a member shall not invalidate the proceedings of the Board.

Deputies of members.

5.—(1.) The Minister may, in respect of any member of the Board, appoint a person to be the deputy of that member.

(2.) Any person so appointed shall, in the event of the inability of the member of whom he is the deputy to attend any meeting of the Board, be entitled to attend that meeting and shall, in relation to that meeting, have all the powers of that member, and shall be counted in the place of that member for the purposes of any quorum.

Chairman.

6.—(1.) The Minister shall be the Chairman of the Board, and shall preside at all meetings at which he is present.

(2.) In the absence of the Minister from any meeting of the Board, the Commonwealth Prices Commissioner or his deputy shall preside, and in the absence of the Minister, the Commonwealth Prices Commissioner and his deputy, the members present shall elect one of their number to preside.

Meetings of the Board

7.—(1.) The Board shall meet at such times and places as the Chairman from time to time determines.

(2.) At any meeting of the Board four members (including not less than two of the members specified in paragraphs (a),(b)and (c) of sub-regulation (2.) of regulation 4 of these Regulations) shall form a quorum.

(3.) All questions arising at any meeting of the Board shall be decided by a majority of the votes of the members present.

(4.) The Chairman or member presiding at a meeting shall have a deliberative vote and, in the case of an equality of votes, shall also have a casting vote.

(5.) The Board shall keep a record of its proceedings.

Travelling allowances.

8.There shall be payable to each member of the Board travelling allowances at such rates as the Minister determines.

Powers and functions of Board.

9.—(1.) Subject to the National Security (Emergency Supplies) Regulations and to any directions of the Minister, the Board shall be responsible for the making of arrangements for the purchase, importation and distribution of tea and shall have power—

(a) on behalf of the Commonwealth, to purchase or otherwise acquire any tea, and to sell or otherwise dispose of any tea;

 

(b) by notice in writing or by order, to require any owner, distributor, possessor or user of tea to make, within the time specified in the notice or order, such returns or estimates as are so specified relating to tea in his possession or ownership, or relating to his business in connexion with tea; and

(c) by order, to restrict, control or regulate in any other manner whatsoever the purchase, sale, possession, branding, packing, advertising, distribution and use of tea.

(2.) Every such order shall be published in the Gazette and may be made so as to apply—

(a) to persons generally;

(b) to all or any persons in a particular area;

(c) to all persons included in a particular class of persons; or

(d) to any particular person.

(3.) Nothing in this regulation shall empower the Board to fix the price of any tea.

Tea Controller.

10.—(1.) There shall be a Tea Controller, who shall be appointed by the Minister on such terms and conditions as the Minister determines.

(2.) The Tea Controller shall be the Executive Officer of the Board, and shall be entitled to attend all meetings of the Board and to take part in the discussion at any such meeting, but shall not have the right to vote on any question before any such meeting.

(3.) The Controller shall perform such duties as are determined by that Board, and shall be responsible for the carrying out of the decisions of the Board.

Authentication of orders and notices.

11.An order or notice authorized by these Regulations to be made or given by the Board shall be sufficiently authenticated if signed by the Controller on behalf of the Board, and any order or notice 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 Board.

Compliance with requirements.

12.A person shall not refuse or fail to comply with any requirement made in pursuance of these Regulations, or furnish any false or misleading information in purported compliance with any such requirement.

Service of notices.

13.Any notice which may be given in pursuance of these Regulations, or of any order made thereunder, may be given by posting the notice to the person to whom it is addressed at his last known place of abode, or to any of his places of business.

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