National Security (Wool Tops) Regulations (Cth)

STATUTORY RULES.

1940. No. 80.

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REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939.*

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.

Dated this Second

day of May, 1940.

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 (Wool Tops) Regulations.

Citation.

1.These Regulations may be cited as the National Security (Wool Tops) Regulations.

Incorporation.

2. These Regulations shall be incorporated and read as one with the National Security (Wool) Regulations.

Purchase and use of wool for production of wool tops.

3.—(1.) Notwithstanding anything contained in the National Security (Wool) Regulations, the Central Wool Committee may, subject to such conditions (if any) as it thinks fit to impose, authorize any person who carries on the operations of combing wool into wool tops—

(a)to purchase wool under regulation 23 of those Regulations as if he were a woollen manufacturer and those operations were woollen manufacture; and

(b)without submitting it for appraisement, to comb into tops any wool which, by or in the course of any process of fellmongering, he obtains from sheepskins which are his own property.

(2.) The Central Wool Committee may at any time withdraw any such authority.

(3.) In these Regulations, the expression “the topmaker” means a person authorized under this regulation whose authority has not been withdrawn.

 

* Notified in the Commonwealth Gazette on  , 1940.

1488.—8/1.5.1940.—Price 3d.

 

Disposal of wool tops for woollen manufacture.

4.Unless the conditions imposed by the Central Wool Committee in authorizing the topmaker to purchase or comb wool under the last preceding regulation otherwise provide he may dispose of wool tops produced therefrom for the purpose of woollen manufacture in Australia but otherwise, subject to regulation 5 of these Regulations, all wool tops shall be subject to appraisement in accordance with directions given by the Central Wool Committee.

Sale of wool tops for export.

5.—(1.)The Central Wool Committee may, if it thinks fit, allow the topmaker to sell wool tops produced by him from wool referred to in regulation 3of these Regulations to persons in countries other than Australia and for that purpose to make and ship wool tops.

(2.) In every such case the following provisions shall apply:—

(a) The purchase price shall be received by the Central Wool Committee and payment thereof shall be made and secured in accordance with such directions as the Central Wool Committee gives, whether in respect of time, manner, place or otherwise.

(b) The topmaker shall be entitled to receive from the Commonwealth a price for the wool tops which, in default of agreement between him and the Central Wool Committee, shall be determined by one or more appraisers appointed by the Central Wool Committee. The appraisers shall determine the price upon a consideration of the relevant price of wool under the table of limits referred to in regulation 16of the National Security (Wool) Regulations, the cost of combing, and a fair return to the topmaker, allowing for noils and other by-products, and may take into account any other matter which appears to be material.

(c)The Central Wool Committee shall pay to the topmaker the price so agreed or determined and shall hold or apply the excess over that price received by it from the buyer of the wool tops on account of and in accordance with any arrangements made, or to be made, between the Government of Great Britain and the Government of the Commonwealth for the acquisition, in connexion with the present war, of wool produced in Australia.

(d)A particular sale shall not be made unless the terms and conditions thereof have been approved in writing by the Central Wool Committee, by the Executive Member, or by some other person authorized in that behalf by a resolution of the Central Wool Committee.

(e) The topmaker shall make the sale in his own name as principal and the Central Wool Committee or the Commonwealth shall not be liable upon or in connexion with the sale as undisclosed principal or otherwise.

(f) The Central Wool Committee may give such directions and impose such conditions as it thinks fit in relation to the sale of wool tops under this regulation, and in particular in relation to the negotiation, making and fulfilment of such sales generally or of any specific sale and in relation to all matters incidental thereto or arising thereout and the topmaker shall comply with and observe all such directions and conditions.

(g)“Wool tops appropriated to the purpose of any such sale shall not be subject to appraisement otherwise than under this regulation, and shall be excepted from the operation of regulation 4 of these Regulations unless the sale is cancelled or rescinded or for some other reason the wool tops are not exported.

Disposal of noils, &c, from wool tops sold under regulation 5.

6.—(1.) The noils, by-products and wastes produced in the course of combing wool into wool tops which are sold or shipped under regulation 5 of these Regulations, or noils, by-products and wastes equivalent thereto in description, quality and quantity, shall be held and disposed of by the topmaker in accordance with the directions of the Central Wool Committee.

(2.) Noils, by-products and wastes so held shall not be sold, whether for the purposes of woollen or other manufacture in Australia or for export, or be exported, except with the consent of the Central Wool Committee. The consent may be given upon such terms and conditions (if any) as the Central Wool Committee thinks fit, and, in particular, upon terms and conditions of a like kind to any of those prescribed or authorized by regulation 5 of these Regulations in relation to the sale of wool tops.

Disposal of other noils, &c.

7.—(1.) No other noils, by-products or wastes produced in the course of combing wool into tops shall be exported or sold for export except with the consent of the Central Wool Committee. The Central Wool Committee may give its consent subject to any conditions that it thinks fit to impose and any conditions so imposed shall be observed and fulfilled.

(2.) Noils, by-products or wastes so produced and available for export, other than those falling within regulation 5 of these Regulations, may be acquired by the Central Wool Committee. The prices at which they may be so acquired shall, in default of agreement, be determined by appraisement. The appraisement shall be made by an appraiser or appraisers appointed under, or in the manner prescribed by, paragraph (b) of sub-regulation (2.) of regulation 5 of these Regulations.

Sale, &c., of noils.

8. The Central Wool Committee may sell or otherwise dispose of any noils, by-products or wastes acquired under the last preceding regulation.

Proceeds of sale.

9.Moneys arising from the sale of noils, by-products or wastes under these Regulations shall be held and applied by the Central Wool Committee on account of and in accordance with any arrangements made, or to be made, between the Government of Great Britain and the Government of the Commonwealth for the acquisition, in connexion with the present war, of wool produced in Australia.

Commission.

10.The Central Wool Committee may, for the purposes of these Regulations, pay or allow such commission (if any) as it thinks proper in connexion with the sale of wool tops, noils, by-products or waste.

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