National Security (Tobacco Rationing) Regulations (Cth)

STATUTORY RULES.

1942. No. 83.

 

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 fourth day of February, 1942.

Governor-General.

By His Excellency’s Command,

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

 

National Security (Tobacco Rationing) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Tobacco Rationing) 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—

“factory” has the same meaning as in the Excise Act 1901-1934;

“manufacturer” means a person licensed under the Excise Act 1901-1934 to manufacture tobacco;

“month” means the period commencing on the first day of any month and ending on the last day of that month;

“the Department” means the Department of Trade and Customs;

“tobacco” means tobacco manufactured in pursuance of the Excise Act 1901-1934 for purposes of smoking and includes cigarettes manufactured substantially from tobacco in pursuance of that Act;

“vendor” means any person engaged in the sale of tobacco either by wholesale or by retail.

 

* Notified in the Commonwealth Gazette on , 1942.

399.—25/16.1.1942.—Price 3d.

 

Tobacco Manufacturers’ Advisory Committee.

4.—(1.) For the purposes of these Regulations there shall be a committee called the Tobacco Manufacturers’ Advisory Committee.

(2.) The Tobacco Manufacturers’ Advisory Committee shall consist of—

(a) a Chairman, who shall be an officer of the Department; and

(b) four persons representing manufacturers.

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

(4.) The functions of the Tobacco Manufacturers’ Advisory Committee shall be—

(a) to make recommendations to the Minister concerning the weight of tobacco to be delivered by manufacturers during any month; and

(b)to make recommendations to the Minister concerning any matters relating to the Australian tobacco industry which are referred to it by the Minister.

Limitation on delivery of tobacco.

5.—(1.) The Minister may determine the weight of tobacco which may be delivered during any month by any manufacturer from his factory.

(2.) A manufacturer shall not deliver during any month tobacco in excess of that determined by the Minister in pursuance of the last preceding sub-regulation.

Tobacco to be distributed by manufacturers equitably.

6. It shall be the duty of manufacturers of tobacco to distribute it to vendors in an equitable manner.

State Tobacco Distribution Committees.

7.—(1.) For the purposes of these Regulations there shall be in each State a Committee called the Tobacco Distribution Committee.

(2.) Each of such Committees shall consist of—

(a) a Chairman, who shall be the Collector of Customs for the State or an officer of the Department appointed by him;

(b) a person representing manufacturers;

(c) a person representing vendors engaged in the State in the sale of tobacco by wholesale; and

(d)a person representing vendors engaged in the State in the sale of tobacco by retail.

(3.) Each member of each such Committee (other than the Chairman) shall be appointed by the Minister and shall hold office during his pleasure.

(4.) The functions of each Tobacco Distribution Committee shall be—

(a) to consider any complaints made to the Committee by any vendor of tobacco or any complaint referred to it by the Minister to the effect that the provisions of regulation 6 of these Regulations are not being observed; and

(b)to consider the amount of tobacco which should be delivered during any month to any vendor, and to report to the Minister accordingly.

 

Minister may make orders requiring delivery of tobacco.

8. The Minister may, by order, direct the amount of tobacco which shall be delivered during any month by a manufacturer to a vendor or by a vendor to another vendor and the manufacturer or vendor shall, unless he has reasonable grounds for not complying with the direction, deliver tobacco accordingly.

Disclosure of information.

9.—(1.) The Comptroller-General of Customs, or any officer of the Department thereto authorized in writing by the Comptroller-General, may require—

(a)any vendor to disclose the source or sources from which he obtained supplies of tobacco and the quantity of tobacco obtained from each such source at any time since the thirtieth day of September, 1939; and

(b)any manufacturer or vendor to furnish such information, and to produce such invoices and other documents, as are necessary to enable the quantity of tobacco received and delivered during any period, and held in stock on any date, to be ascertained.

(2.) A person shall not refuse or fail to comply with any requirement so made or furnish false or misleading information in pursuance of any such requirement.

 

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