Supply and Development (Flax Production) Regulations (Cth)

STATUTORY RULES.

1940. No. 296.

REGULATIONS UNDER THE SUPPLY AND DEVELOPMENT ACTS 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 Supply and Development Acts 1939.

Dated this Twenty Fourth day of December, 1940.

Governor-General.

By His Excellency’s Command,

Minister of State for Supply and Development.

 

SUPPLY AND DEVELOPMENT (FLAX PRODUCTION) REGULATIONS.

Part I.—Preliminary.

Citation.

1. These Regulations may be cited as the Supply and Development (Flax Production) Regulations.

Parts.

2. These Regulations are divided into Parts, as follows:—

Part I.—Preliminary.

Part II.—Flax Production Committee.

Part III.—Powers and Functions of the Committee.

Part IV.—Management of Flax Mills.

Part V.—Miscellaneous.

Definitions.

3. In these Regulations, unless the contrary intention appears—

“flax” means flax produced from flax plants of the genus Linum Usitatissimum and includes flax straw, flax fibre, flax seed, flax chaff and flax tow;

“flax mill” means a mill for the processing or milling of flax and includes all things necessary for such a mill;

“Manager” means the Manager or the person appointed to take charge of a flax mill;

“member” means a member of the Committee and includes the Chairman, the Deputy Chairman and the deputy of a member;

“the Chairman” means the Chairman of the Committee and includes the Deputy Chairman of the Committee;

 

* Notified in the Commonwealth Gazette on , 194

7912.—8/18.12.1940.—Price 3d.

 

“the Committee” means the Flax Production Committee constituted under these Regulations;

“the Council” means the Commonwealth Council for Scientific and Industrial Research constituted under the Science and Industry Research Act 1920-1939;

“the Department” means the Department of Supply and Development;

“the Deputy Chairman” means the Deputy Chairman of the Committee;

“the Minister” means the Minister of State for Supply and Development;

“the Secretary” means the Secretary, Department of Supply and Development.

Part II.—Flax Production Committee.

FlaxProductionCommittee.

4.—(1.) For the purpose of these Regulations there shall be a Flax Production Committee.

(2.) The Committee shall consist of the following members:—

(a) Two representatives of the Department, one of whom shall be the Chairman of the Committee;

(b) Two representatives of the Council, one of whom shall be Deputy Chairman of the Committee; and

(c) Two persons experienced in the production of flax fibre from straw.

(3.) The members of the Committee and the Chairman arid the Deputy Chairman of the Committee shall be appointed by the Minister and shall hold office during the pleasure of the Minister.

(4.) There shall be payable to the members of the Committee such rates of travelling and other expenses as are fixed by the Minister.

Consultants.

5.—(1.) The Minister may arrange with the Minister charged with the administration of agriculture in each State where flax is being or is to be grown, for an officer of that State to be made available to act with the Committee in a consultative capacity in connexion with matters in relation to the growing of flax, and to act in the State concerned as the representative of the Committee.

(2.) Every such officer may exercise such functions as are assigned to him from time to time by the Committee.

(3.) The Committee may, with the consent of the Minister, co-opt other persons to act with the Committee in a consultative capacity.

Deputies of members.

6. In case of the illness, absence or suspension of any member the Minister may appoint a person to act as the deputy of the member during his illness or suspension and the deputy shall, while so acting, have and exercise all the powers and functions of the member.

Meetings of Committee.

7.—(1.) The Committee shall meet at such times, not being less than once a fortnight, as the Chairman from time to time determines.

(2.) The Minister may at any time convene a special meeting of the Committee.

(3.) At any meeting of the Committee three members (one of whom shall be the Chairman or the Deputy Chairman) shall form a quorum.

 

(4.) The Chairman or, in his absence, the Deputy Chairman, shall preside at all meetings of the Committee.

(5.) The Committee shall keep a record of its proceedings.

Decisions of the Committee.

8.—(1.) All questions arising at any meeting of the Committee shall be decided by a majority of the votes of the members present.

(2.) The Chairman or, in his absence, the Deputy Chairman, shall have a deliberative vote and, in the case of an equality of votes, shall also have a casting vote.

(3.) Subject to the directions of the Committee, the executive authority of the Committee shall be vested in the Chairman.

Part III.—Powers and Functions of Committee.

General powers and functions.

9.—(1.) Subject to these Regulations and to the directions of the Minister, the Committee shall be responsible for the acquisition and production of flax and, in particular, for—

(a) the making of arrangements with farmers or other persons for the sale of flax seed for the production of flax and for the purchase of flax straw on conditions and at prices approved by the Minister;

(b) arranging for the provision of flax mills and sites therefor and plant, machinery and other equipment, furniture and fittings necessary in connexion with the operation and maintenance of flax mills;

(c) the efficient and economical operation and management of flax mills; and

(d) the making of arrangements in association with the Council for the utilization of available technical knowledge and the conduct of such scientific and technical researches as the Committee considers necessary or desirable in connexion with production of flax and generally for the improvement within the Commonwealth of the flax industry.

(2.) The Committee shall be also responsible for—

(a) advising the Minister upon all matters connected with the production and processing of flax in pursuance of these Regulations including the provision of funds necessary therefor; and

(b) such other functions relating to flax or the flax industry as are assigned by the Minister.

Power to incur expenditure.

10. Subject to these Regulations and within the limits of available funds, the Committee may, in respect of flax mills, incur expenditure upon—

(a) the purchase of raw materials, fuel and maintenance stores;

(b) the provision of electric, gas and water services;

(c) the repair and maintenance of works, buildings, plant, machinery, furniture and fittings; and

(d) any new work, building, machinery, plant, vehicles, furniture or fittings where the cost will not exceed One thousand pounds.

 

Part IV.—Management of Flax Mills.

Responsibility of Managers.

11. The Manager of a flax mill shall, subject to the control and direction of the Committee, be responsible for the management and the efficient, safe and economical working of the flax mill under his charge.

Powers of Managers.

12. The Manager may, in relation to the flax mill under his charge—

(a) subject to any directions of the Committee, engage employees whose wages do not exceed Five pounds per week.

(b) incur expenditure, other than for the purposes of the last preceding paragraph, within such limits as the Committee approves, for supplies and services in connexion with the maintenance (including repairs) and operation of the flax mill; and

(c) subject to these Regulations and the approval of the Committee, make rules for the conduct of the flax mill.

Weeklyreport.

13. The Manager shall submit to the Committee a weekly report on the working of the flax mill under his charge together with a statement of accounts and expenditure.

Exercise by Committee of functions of Managers.

14. Any power or function which by these Regulations is conferred on the Manager in relation to any flax mill or any person employed in a flax mill may also be exercised or performed by the Committee.

Part V.—Miscellaneous.

Finance.

15.—(1.) For the purposes of these Regulations there shall be a Trust Account, to be known as “Trust Fund—Flax Production Account” which shall be a Trust Account within the meaning of section sixty-two a of the Audit Act 1901-1934.

(2.) There shall be paid to and form part of the Trust Account such sums as the Treasurer, upon the recommendation of the Minister, directs.

(3.) All moneys received from the sale or disposal of flax or of any mill, plant, stores, vehicles, equipment purchased for the purposes of these Regulations shall be paid to the credit of the Trust Account.

Accounting methods and practice.

16. Notwithstanding anything contained in these Regulations, the Secretary shall determine the accounting methods and practice to be adopted and observed by all officers and employees in relation to the accounts and business of the Committee, to ensure compliance with the provisions of the Audit Act 1901-1934 and the Regulations made under that Act and the accounting practice of the Department.

Annual statement of receipts and expenditure.

17. The Committee shall, as soon as possible after the close of each financial year, submit to the Minister a statement of all moneys received and expended from the Trust Account together with a statement of assets and liabilities and the profit or loss on transactions for that year under these Regulations.

 

Officers and employees.

18.—(1.) All officers and employees appointed for the purposes of these Regulations (other than officers appointed under the Commonwealth Public Service Act 1922-1939 and employees engaged by a Manager in pursuance of regulation 12 of these Regulations) shall be appointed pursuant to the Supply and Development (Staff) Regulations.

(2.) The engagement of employees so engaged by a Manager shall be subject to the following provisions:—

(a) They shall not be paid less than the rates of wages payable to them under any award, order or determination applicable to them;

(b) Except where otherwise provided in any such award, employees shall be engaged on a daily basis in a temporary capacity and their engagement shall be terminable without notice on either side; and

(c) Employment in a temporary capacity shall not establish a claim to permanent employment on the ground of length of service.

Information to besupplied to the Treasurer.

19. The Treasurer may request the Minister to obtain from the Committee such information in relation to any matter arising under these Regulations as the Treasurer specifies and, after being notified by the Minister of the making of that request, the Committee shall forthwith supply such information to the Minister for transmission to the Treasurer.

Half-yearlyreport.

20. The Committee shall submit to the Minister once in every six months a report of the activities and proceedings of the Committee.

 

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