STATUTORY RULES.
1939.
No. 108.
REGULATIONS RELATING TO THE ACQUISITION
OF WOOL.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting
with the advice of the Federal Executive Council, in pursuance of the powers conferred
by the National Security Act 1939
and all other powers me thereunto enabling, hereby make the following Regulations.
Dated this twenty-eighth day of September, 1939.
Governor-General.
By His Excellency’s Command,
Minister of State for Commerce.
———
National Security
(Wool) Regulations.
Short
title
1. These Regulations may be cited as the National Security
(Wool) Regulations.
Objects.
2. The purpose of these Regulations is to provide
for the carrying out of an arrangement
made between the Government of Great Britain and the Government of the Commonwealth
for acquiring, in connexion with the present war between His Majesty the King and
Germany, all wool produced in Australia, with certain exemptions, and to provide
for matters arising thereout and incidental thereto and these Regulations shall
be administered accordingly.
Definitions.
3.—(1.) In these Regulations, unless the contrary intention
appears—
“the Central Wool Committee” means the Central
Wool Committee constituted under these Regulations;
“State Wool Committee” means a State Wool Committee
constituted under these Regulations;
“the Minister” means the Minister of State for
Commerce.
(2.) In these Regulations, any reference to
a Form shall be read as a reference to a Form in the Schedule to these Regulations.
Constitution of WoolCommittees.
4. There shall be a Central Wool Committee, and
there shall in each State be a State Wool Committee.
Central Wool Committee.
5.—(1.) The Central Wool Committee shall consist of a Chairman,
an Executive Member and eight other members of whom—
(a) three shall be wool-growers or be
actively engaged or concerned in that pursuit;
* Notified in Commonwealth Gazette on ,
1939.
5491.—20/27.9.1939.—Price
3d.
(b) three shall be wool-selling brokers
or be actively engaged or concerned in that business;
(c) one shall be a wool-buyer or be actively
engaged or concerned in that business; and
(d)
one shall be a woollen manufacturer or be actively engaged or concerned in that
business.
(2.) The Members of the Central Wool Committee
shall be appointed by the Minister.
State Wool Committees.
6.—(1.) Each State Wool Committee shall consist
of eight members of whom—
(a) two shall be wool-growers or be actively
engaged or concerned in that pursuit;
(b) three shall be wool-selling brokers
or be actively engaged or concerned in that business;
(c) one shall be a wool-buyer or be actively
engaged or concerned in that business;
(d) one shall be a woollen manufacturer
or be actively engaged or concerned in that business; and
(e) one shall be a scourer or fellmonger
or be actively engaged or concerned in one of those businesses.
(2.) The members
of a State Wool Committee shall be appointed by the Minister after recommendation
from the Central Wool Committee.
(3.) The Chairman
of each State Wool Committee shall be appointed by the Central Wool Committee after
recommendation from the State Wool Committee.
Remuneration.
7.—(1.) The Chairman and the members of the Central
Wool Committee, except the Executive Member, shall be remunerated by fees fixed
by the Committee. The Executive
Member shall be remunerated by a salary fixed by the Committee.
(2.) The Chairman
and the members of State Wool Committees shall be remunerated by fees approved by
the Central Wool Committee.
Duties of Committees.
8.—(1.) The Central Wool Committee shall be charged
with the administration of these Regulations and of all matters arising out of the
arrangement with the Government of Great Britain for the acquisition of wool.
(2.) Each State
Wool Committee shall comply strictly with the general instructions and the particular
directions of the Central Wool Committee.
Meetings of Committees.
9.—(1.) At a meeting of the Central Wool Committee
seven shall form a quorum and any resolution may be made by a simple majority of
the members present.
(2.) The Central
Wool Committee may make rules regulating the proceedings of the Central Wool Committee
and rules regulating the proceedings of the State Wool Committees including in the
latter case the quorum and majorities necessary for decisions.
Report of meetings.
10. Every State Wool Committee shall cause a report
of the proceedings at each of its meetings to be transmitted to the Central Wool
Committee immediately after the meeting.
Member of Central Wool
Committee may attend meetings of State Wool Committees.
11. The Central Wool Committee may authorize any
of its members to be present at any meeting of a State Wool Committee and such member
shall be entitled to be present at and take part in such meeting in the same manner
as members of the State Wool Committee, except that he shall have no vote and shall
not be counted in any quorum.
Powers of Central Wool
Committee.
12. The Central Wool Committee shall have all powers
and authorities conducive or incidental to the purpose of these Regulations and
in particular the power of employing such persons and upon such terms as it thinks
fit and the power in the name of the Central Wool Committee of contracting, of entering
into any lease or acquiring any land or interest therein and of taking any legal
proceedings.
Voidance of contracts.
13. Every contract or agreement for the sale of
wool or wool tops in force at the commencement of the Regulations shall be void,
except in relation to wool or wool tops which have then been already delivered to
the buyer.
Sellings or buying wool tops.
14. No person shall sell or buy or contract to
sell or buy any wool or wool tops, except in accordance with these Regulations.
Wool acquired by Commonwealth
when submitted, for appraisement.
15. The sale of wool shall be by appraisement under
these Regulations and the property in every parcel of wool submitted for appraisement
shall pass to the Commonwealth when the final appraisement thereof is completed
in the manner prescribed by the instructions of the Central Wool Committee governing
appraisement.
Table of limits of appraisement types.
16. For the purpose of appraising wool according
to description the Central Wool Committee shall cause to be prepared a table of
limits or lists of appraisement types of wool.
Regard to be had to price in preparation of table of limits.
17. In the preparation of such a table of limits
regard shall be had to the price payable by the Government of Great Britain to the
Government of the Commonwealth under the arrangement between those Governments and
the limits shall be so fixed as to ensure that the price per pound payable by the
Government of Great Britain for the wool of any wool year will not be exceeded by
the average price per pound of the total payments made pursuant to the appraisements
of that wool.
State Wool Committees to carry out appraisement.
18. Each State Wool Committee shall under the directions
of the Central Wool Committee carry out all arrangements for the appraisement of
wool.
All wool to be submitted
for appraisement.
19.—(l.) All wool shall be submitted for appraisement.
(2.) If any person
owning or controlling or having possession of any wool fails to submit it for appraisement
he shall be guilty of an offence.
(3.) Any wool
which is not submitted for appraisement within the wool year may be seized under
the authority of the Central Wool Committee and appraised.
(4.) Nothing in
the preceding sub-regulations of this regulation shall apply to any wool held by
a woollen manufacturer for the purpose of manufacturing at the commencement of these
Regulations.
Appraisers.
20.—(1.) The Minister shall, upon the recommendation
of the Central Wool Committee, appoint appraisers in each State and may terminate
the appointment of any appraiser without prior notice.
(2.) No person
shall act as an appraiser unless he has been so appointed.
(3.) No person
shall act as an appraiser after his appointment as an appraiser has been terminated.
(4.) No appraiser
shall act under these Regulations unless he has made a declaration in accordance
with Form A.
Manner of appraisement.
21.—(1.) The appraisement of each parcel of wool shall be
made by three appraisers, of whom one shall represent the selling broker, on behalf
of the wool grower, and two shall represent the Commonwealth.
(2.) The appraisers
shall appraise each lot of wool submitted and determine its value and the determination
shall be final and without appeal.
Conditions under which wool
to be examined.
22. The conditions under which wool shall be examined shall,
subject to these Regulations and to any directions of the Central Wool Committee,
be the same as prevailed in each selling centre before the first day of September,
One thousand nine hundred and thirty-nine.
Purchase of wool for woollen manufacture.
23.—(1.) Any person desirous of obtaining wool for the purpose
of woollen manufacture in the Commonwealth may apply to the Central Wool Committee
for authority to purchase wool and the Central Wool Committee may authorize the
purchase of wool subject to such conditions as it may think fit to impose.
(2.) A person
so authorized may within a reasonable time after the appraisement of parcels of
wool has been made examine the lots, and upon application to the wool selling broker
concerned shall be supplied with copies of the appraisements made of any lot or
lots he may be desirous of purchasing.
(3.) The wool
selling broker shall give facilities to authorized persons to examine wool after
it has been displayed for appraisement and subject to any conditions imposed upon
his authorization any such authorized person may purchase wool at appraised prices
which he shall pay to the wool selling broker, who shall be accountable to the Central
Wool Committee.
(4.) The purchase
in other respects shall be governed by the conditions usual for such transactions
immediately prior to the First day of September, One thousand nine hundred and thirty-nine,
except in so far as the Central Wool Committee may give particular directions.
Avoidance of contracts on
account of increased costs
24.—(1.) Every contract in force at the commencement of these
Regulations for the sale or supply by a woollen manufacturer of any products of
his manufacture shall be liable to avoidance, variation or review upon the ground
that in consequence of the making of these Regulations the costs of manufacturing
the goods to fulfil the contract have been reasonably increased and subsidiary contracts
made by sellers or suppliers who depend whether mediately or immediately for the
fulfilment of such contracts upon any such contract shall in turn be liable to avoidance
variation or review.
(2.) If it is
claimed that any contract falls under the provisions of sub-regulation (1.) of this
regulation and the parties are unable to agree upon its avoidance or review or upon
any variation or that it does fall under this provision, the matter shall be determined
in the manner prescribed by the Woollen Contracts Avoidance Regulations.
Wool
not to be appraised by wool-selling broker unless approved.
25. Wool shall not be appraised in the store or
stores of any wool selling broker unless—
(a) such wool selling broker has been
approved in writing by the Central Wool Committee; and,
(b) such approval has not been withdrawn;
and,
(c) the wool selling broker has entered
into a bond as prescribed by the Central Wool Committee.
Information
not to be supplied.
26. Without the consent in writing of the Chairman of the Central Wool Committee
no member, officer or employee of the Central Wool Committee or of any State Wool
Committee, or any person employed in any way in the handling, appraisement or shipment
of wool, and no appraiser or member of an appraising staff shall supply information
in reference to wool or any matter affecting the administration of these Regulations,
for publication in the press or by broadcast or otherwise.
Declaration
of secrecy.
27. A person employed by the Central Wool Committee, shall, before entering
upon his duties as an employee, make a statutory declaration in accordance with
Form B.
Arbitration.
28. In case of a dispute as to any matter arising under these Regulations,
the Minister may, if he thinks fit, upon the recommendation of the Central Wool
Committee, appoint an arbitrator to determine the dispute and his determination
shall be final.
Approval
of expenditure by Chairman.
29. All expenditure approved by the Chairman of the Central Wool Committee,
or the Executive Member acting for and on behalf of the Committee, shall be deemed
to have been duly authorized by the Committee.
Finance.
30.—(1.) All moneys payable by the Government of Great Britain under the arrangement
made by that Government with the Commonwealth for acquiring Australian Wool shall
be received by the Central Wool Committee and out of such moneys the Central Wool
Committee shall defray all costs, charges and expenses of administering these Regulations,
and make the payments for wool to the suppliers.
(2.) Any moneys which may be received by the Central Wool Committee from
the Government of Great Britain under or in consequence of such arrangement over
and above the purchase price payable by such Government thereunder for the wool
and any surplus which may arise shall be dealt with as the Central Wool Committee
shall in its absolute discretion determine.
————
SCHEDULE.
Regulation 20 Form A.
Commonwealth
of Australia.
National
Security (Wool)Regulations.
DECLARATION BY APPRAISER.
I, of
being an Appraiser
appointed under the National Security (Wool) Regulations, do solemnly and sincerely
delare as follows:—
1. I was born at (a) on (b)
2. At the date of
my birth I was (c)
3. I am now (d)
And I do solemnly and sincerely
promise and declare that I will faithfully, and to the best of my ability, perform
the duties imposed on me as Appraiser under those Regulations and that I will not,
except in the course of my duty, disclose any information which comes into my possession
in the course of the
Schedule—continued.
performance of my
duties as Appraiser, and that I will not, without the consent of the Chairman of
the Central Wool Committee, act as a correspondent for any newspaper, magazine,
review or journal.
And I make this solemn
declaration by virtue of the Statutory
Declarations Act 1911-1922 conscientiously believing the statements contained
therein to be true in every particular.
Declared at this day
of * 19
| * |
Before me
‡
* Signature of appraiser.
Signature of person
before whom declaration made.
‡ Title of person before whom declaration made.
(a) Here insert
country of birth.
(b) Here
insert date of birth.
(c) Here
insert nationality at date of birth.
(d) Here insert
present nationality.
Regulation 27. Form B.
Commonwealth
of Australia.
National
Security (Wool) Regulations.
DECLARATION BY EMPLOYEE.
I, of in
the
State of in
the Commonwealth of Australia, do solemnly and sincerely declare that I will not
divulge or communicate any matter or thing coming under my notice in the performance
of my duties under the above Regulations to any person except as may be authorized
by law for the purpose of carrying into effect the provisions of the National Security
(Wool) Regulations.
And I make this solemn
declaration by virtue of the Statutory Declarations Act 1911-1922 conscientiously
believing the statements contained therein to be true in every particular.
Declared at in the State of this day
of 19 |
Before me
‡
* Signature of employee.
Signature of person before whom declaration made.
‡ Title of person before whom declaration
made.
By Authority: L. F. Johnston,
Commonwealth Government
Printer, Canberra.