National Security (Wheat Acquisition) Regulations (Amendment) (Cth)

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STATUTORY RULES.

1945. No. 9.

REGULATION UNDER THE NATIONAL SECURITY ACT 1939-1943.*

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the National Security Act 1939-1943.

Dated this nineteenth day of January, 1945.

W. DUGAN

Administrator.

By His Excellency’s Command,

W. J. SCULLY

for and on behalf of the Minister of State for Defence.

 

Amendment of the National Security (Wheat Acquisition) Regulations. 

The National Security (Wheat Acquisition) Regulations are amended by inserting after regulation 26a the following regulation:—

Board may postpone supply of wheat under certain contracts.

“26b.—(1.) For the purpose of carrying out any scheme approved by the Minister for the rationing of wheat in the interests of the effectual prosecution of the war, the Board may postpone the supply of, or refuse to supply, any quantity of wheat, or any portion thereof, which it has, prior to the commencement of this regulation, contracted to supply to any person for use, or for re-sale for use, as stock feed, but for which it has not accepted any payment.

“(2.) No action shall lie against the Board or the Commonwealth in respect of any postponement or refusal, in accordance with the last preceding sub-regulation, of the supply of any wheat.

 

* Notified in the Commonwealth Gazette on 19th January, 1945.

  Statutory Rules 1939, No. 96, as amended by Statutory Rules 1939, Nos. 120, 155 and 180: 1940, Nos. 10, 132, 174, 208 and 271; 1941, Nos. 80, 110, 256 and 273; 1942, Nos. 66 and 426 ; 1943, Nos. 52 and 196.

319.—Price 3d.

 

“(3.) Where, by reason of any postponement or refusal, in accordance with sub-regulation (1.) of this regulation, of the supply of any wheat, any person is unable to perform, or to perform fully, his obligations under any contract, that person shall be, by force of this regulation, released from those obligations to the extent of that inability, and, subject to this regulation, no action shall lie against that person in respect of any breach of that contract arising out of that inability.

“(4.) Where, by the operation of the last preceding sub-regulation, any person is released from the obligation to supply any wheat or other goods to any other person, that other person shall be entitled to recover the amount or value of any payment or other consideration made or furnished by him to that first-mentioned person in respect of that wheat or other goods.”.

 

By Authority: L. F.

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