STATUTORY RULES.
1943. No. 109.
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 third day of May, 1943.
(SGD.)
GOWRIE.
Governor-General.
By His Excellency’s Command,
W. J. SCULLY
for
and on behalf of the Minister of State for Defence.
National
Security (Vegetable Seeds) Regulations.
Citation.
1. These Regulations may be
cited as the National Security (Vegetable Seeds) Regulations.
Administration.
2. These Regulations shall
be administered by the Minister of State for Commerce and Agriculture.
Repeal
and saving.
3.—(1.) The National
Security (Vegetable Seeds) Regulations (being Statutory Rules 1942, No. 176, as
amended by Statutory Rules 1942, Nos. 272 and 535) are repealed.
(2.) Notwithstanding the repeal
effected by the last preceding sub-regulation—
(a) all orders, notices, directions and
requirements made or given under the repealed Regulations and in force
immediately prior to the commencement of these Regulations shall continue in
force as if made or given under these Regulations and, in the case of an order,
may be rescinded, revoked, amended or varied by order made under these
Regulations;
*
Notified in the Commonwealth Gazette on , 1943.
612.—Price 5d. 8/15.4.1943.
(b)any person who was, immediately prior to the commencement of these
Regulations registered as a vegetable seed grower under the repealed
Regulations, shall be deemed to be a registered vegetable seed grower for the
purposes of these Regulations, but the registration of that person may be
cancelled under these Regulations as if he had been registered under these
Regulations;
(c) officers (other than the Executive
Officer) appointed under the repealed Regulations and holding office
immediately prior to the commencement of these Regulations shall continue to
hold office and shall be deemed to be officers appointed under these Regulations;
and
(d)all contracts, agreements, guarantees and arrangements entered into or made
by or with the Vegetable Seeds Committee constituted under the repealed
Regulations shall be deemed to have been made with the Vegetable Seeds
Committee constituted under these Regulations.
Objects.
4. The objects of these
Regulations are to ensure, for the purposes of the defence of the Commonwealth
and the effectual prosecution of the war, that an adequate supply of vegetable
seeds is available in Australia, that those seeds are true to type and of a
satisfactory standard of purity and germination and that those seeds are
effectively distributed, and these Regulations shall be administered and
construed accordingly.
Definitions.
5. In these Regulations,
unless the contrary intention appears—
“prescribed
vegetable” means any vegetable
which the Committee, by order published in the Gazette, declares to be a prescribed vegetable for the purposes of
these Regulations;
“the
Committee” means the Vegetable
Seeds Committee constituted by these Regulations;
“the
repealed Regulations” means the Regulations repealed by these Regulations;
“vegetable” means any herbaceous plant (other than
a cereal) of a kind which, or any part of which, is ordinarily used for human
consumption, and includes sweet corn;
“vegetable
seed” means any seed which is
capable of producing a prescribed vegetable.
Vegetable
Seeds Committee.
6.—(1.) For the purposes
of these Regulations there shall be a Vegetable Seeds Committee.
(2.) The Committee shall consist
of—
(a) the Director-General of Agriculture;
and
(b) three other members,
(3.) The members of the Committee referred
to in paragraph (b) of the last
preceding sub-regulation shall be appointed by the Minister and shall hold
office during his pleasure.
Chairman
and Deputy Chairman of Committee.
7.—(1.) The
Director-General of Agriculture shall be the Chairman of the Committee.
(2.) The Minister may appoint a
member of the Committee to be the Deputy Chairman of the Committee.
(3.) In the absence of the Chairman
from any meeting of the Committee, the Deputy Chairman shall preside at that
meeting.
Meetings
of the Committee.
8.—(1.) Meetings of the
Committee shall be held at such times and places as the Committee from time to
time determines.
(2.) The Chairman of the Committee,
or any two members thereof, may at any time call a meeting of the Committee.
(3.) At all meetings of the
Committee three members shall form a quorum.
(4.) All questions before the
Committee shall be decided by a majority of votes.
(5.) At all meetings of the
Committee, the person presiding shall have a deliberative vote, and in the case
of an equality of votes, shall also have a casting vote.
(6.) The Committee shall keep a
record of its proceedings.
Expenses.
9. There shall be payable
to any member of the Committee such allowances (if any) as the Minister
determines.
Incorporation
of Committee.
10. The Committee shall be a
body corporate, with perpetual succession and a common seal.
The
Executive Member.
11.—(1.) The Minister shall
appoint one of the members of the Committee (other than the Chairman) to be the
Executive Member of the Committee.
(2.) The Executive Member shall
perform such duties as are determined by the Committee and shall be responsible
for the carrying out of the decisions of the Committee.
Indemnity.
12. 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.
Appointment
of officers.
13.—(1.) The Committee may
appoint such officers as are necessary to assist the Committee in exercising
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 an officer 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 of
the Committee 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 1923-1940.
Delegation.
14.—(1.) The Committee may
delegate to any person all or any of its powers and functions under these
Regulations or any order thereunder (except this power of delegation) so that
the delegated powers and functions may be exercised by the delegate.
(2.) Where under these Regulations
or any order thereunder the exercise of any power or function by the Committee
is dependent upon the opinion, belief or state of mind of the Committee in
relation to any matter, that power or function may be exercised by the delegate
upon the opinion, belief or state of mind of that delegate.
(3.) Every such delegation shall be
revocable at will, and no such delegation shall prevent the exercise of any
power or function by the Committee.
Registration
of growers.
15.—(1.) Any person who
engages, or who is about to engage, in the production of vegetable seeds may,
in such form and manner as the Committee requires, at any time before sowing
the crop from which those seeds are to be produced (or, where the Committee, in
special cases, permits, after sowing but during the growth of the crop) apply
to the Committee to be registered as a vegetable seed grower in respect of that
crop.
(2.) The Committee may, in its
absolute discretion, register any such person as a vegetable seed grower, and
may, at any time, for reasons which it thinks fit, cancel the registration of
any registered vegetable seed grower.
Prohibition
of sale of seeds.
16.—(1.) A person shall not
sell, exchange or in any way dispose of for valuable consideration any
vegetable seeds produced by him unless he is a registered vegetable seed grower
in respect of those seeds.
(2.) A registered vegetable seed
grower shall not sell, exchange or otherwise dispose of any vegetable seeds for
valuable consideration otherwise than in accordance with such directions, if
any, as the Committee gives to him in writing.
Registration
of merchants.
17.—(1.) Any person may,
on or after a date fixed by the Minister, by order published in the Gazette, as the date on and from which
this regulation shall have effect, apply to the Committee, in such form and
manner as the Committee requires, to be registered as a vegetable seed merchant
in respect of any vegetable seeds.
(2.) An applicant for registration
under the last preceding sub-regulation shall furnish to the Committee such
information as the Committee requires.
(3.) The Committee may, in its
absolute discretion, register any such person as a vegetable seed merchant in
respect of any vegetable seeds and may, at any time, for reasons which it
thinks fit, cancel any such registration.
Regulation
of sale of seeds.
18.—(1.) Except as provided
by sub-regulation (3.) of this regulation, a person shall not, on or after the
date fixed by the Minister, by order published in the Gazette, as the date on and from which this regulation shall have
effect, sell, exchange or otherwise dispose of any vegetable seeds for valuable
consideration unless he is a registered vegetable seed merchant in respect of
those seeds.
(2.) A registered vegetable seed
merchant shall not sell, exchange or otherwise dispose of any vegetable seeds
for valuable consideration otherwise than in accordance with such directions,
if any, as the Committee gives to him in writing.
(3.) Sub-regulation (1.) of this
regulation shall not apply—
(a) in relation to the sale to a
registered vegetable seed merchant of any vegetable seeds grown by a registered
vegetable seed grower;
(b)in relation to the sale of vegetable seeds in unbroken containers approved
by the Committee where the seeds have been packed and sealed by a registered
vegetable seed merchant whose name and address are marked on the container; or
(c) in relation to the sale of vegetable
seeds by a person, or any person included in a class of persons, exempted by
the Committee from the operation of this regulation.
Power
to require destruction or disposal of vegetable crops.
19. Where the Committee is
satisfied that any crop of vegetables, other than a crop of vegetables in
respect of which a person is registered under these Regulations, has matured
beyond the stage at which it is ordinarily marketed for human consumption, the
Committee may, by notice in writing addressed to the grower or to any other
person having the control of the crop, require that grower or other person to
destroy or otherwise dispose of the crop in such manner, and within such time,
as is specified in the notice, and the grower or other person shall comply with
the requirements contained in that notice accordingly.
Information
to be furnished.
20.—(1.) The Committee may
require any person (including any officer employed in or in connexion with any
Department of a Government or by a local authority), or the persons included in
a class of persons, to furnish to the Committee, or to such person as the
Committee specifies, such information relating to vegetable seeds as the
Committee or that person requires and may require him or them to produce all
books, documents or other papers whatever in his or their custody or under his
or their control relating thereto.
(2.) A requirement under the last
preceding sub-regulation may be published in the Gazette and, when so published, shall be deemed to have been
brought to the notice of the person, or of all the persons, affected thereby.
(3.) A person shall not refuse or
fail to comply with any requirement made in pursuance of this regulation or,
with intent to evade the provisions of these Regulations, destroy, mutilate,
deface, secrete or remove any book, document or other paper.
Committee
may authorize sale of vegetable seeds.
21.—The Committee may, by
order, authorize the sale of any vegetable seeds notwithstanding that the sale
of those vegetable seeds is prohibited by the law of a State and it shall be
lawful for those vegetable seeds to be sold accordingly.
(2.) Any such order may be subject
to conditions or restrictions and may be applicable to all persons, to the
persons included in any class of persons or to a particular person.
Dispersal
of seeds to protect against enemy action.
22. For the purpose of
protecting any vegetable seeds from enemy action, or of minimizing the effect
of enemy action, the Committee may require the owner or any other person having
the possession, control or disposal of any vegetable seeds, to remove those
seeds from one place to another place (whether within the same locality or not)
and to do all such things as the Committee thinks necessary for the protection
and preservation of any such seeds, and the owner or other person shall comply
with the requirement accordingly.
Powers
of Committee.
23. On behalf of the
Commonwealth and subject to any direction of the Minister, the Committee may—
(a) purchase, sell, exchange, dispose of or otherwise deal in vegetable seeds;
(b)process, treat, clean and grade, or arrange for the processing, treatment,
cleaning or grading of, any vegetable seeds;
(c) store, or arrange for the storage of,
any vegetable seeds;
(d)enter into agreements with any person on any matter relating to the
production, acquisition, treatment, storage or disposal of vegetable seeds;
(e) make advances to any registered
vegetable seed grower;
(f) guarantee any registered vegetable
seed grower against any loss due to crop failure; and
(g)do all things which it is required by these Regulations to do or which are
necessary or convenient to do for carrying out or giving effect to these
Regulations.
Authentication
of notices, directions and requirements.
24. Any order, notice,
direction or requirement authorized by these Regulations to be made or given by
the Committee shall be sufficiently authenticated if signed by the Executive
Member of the Committee on behalf of the Committee, and any order, notice, direction
or requirement 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 Committee.
Person
not to fail to comply with conditions.
25. A person shall not
contravene or fail to comply with any term or condition of any agreement
entered into by him with the Committee or of any direction given to him by the
Committee under regulation 16 or 18 of these Regulations.
Power
of entry.
26. Any person authorized
in that behalf by the Committee may enter upon any land or premises and
destroy, or cause to be destroyed, any plants which, in the opinion of the
Committee, might cross-fertilize any vegetable crop being grown by a registered
vegetable seed grower for the purpose of producing vegetable seeds.
Proper
care to be taken of vegetable seeds.
27. Any person having any
vegetable seeds in his possession or under his care (other than seeds for his
own domestic use) shall exercise proper care and take all proper and reasonable
precautions and do all things necessary to preserve and safeguard those vegetable
seeds and to keep them from any damage or deterioration whatsoever, and shall
comply with any direction of the Committee given for the purpose of preserving
or safeguarding those seeds.
Evidentiary
provisions.
28. In any prosecution for
an offence against the National Security
Act 1939-1940 arising out of a contravention or failure to comply with the
provisions of these Regulations, the averment of the prosecution that the
person charged produced any vegetable seeds shall be prima facie evidence of the matter so averred.
Finance.
29.—(1.) The Committee
shall 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 moneys standing, at the
commencement of these Regulations, to the credit of the account opened under
regulation 25 of the repealed Regulations shall be transferred to the credit of
the account opened under this regulation.
(5.) The accounts of the Committee
shall be subject to audit by the Auditor-General.
By
Authority: L. F. Johnston, Commonwealth
Government Printer, Canberra.