War Precautions (Dairy Produce Pool) Regulations 1918 (Amendment) (Cth)

STATUTORY RULES.

1919. No. 31.

 

REGULATIONS UNDER THE WAR PRECAUTIONS ACT 1914-1918.

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 War Precautions Act 1914-1918, to come into operation forthwith.

Dated this sixth day of February, 1919.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

W. MASSY GREENE,

for Minister of State for Defence.

 

Amendment of War Precautions (Dairy Produce Pool) Regulations.

(Statutory Rules 1918, No. 278.)

1. Regulation 2 of the War Precautions (Dairy Produce Pool) Regulations is amended by adding at the end thereof the following sub-regulation:—

“(2.) In regulations 28 to 37 of these Regulations, unless the contrary intention appears—

“Butter Factory” means a factory registered on the books of the Federal Butter Committee of Australia;

“Milled Butter” means milled butter produced in the year ending 30th June, 1918, and placed in the Imperial Government Contract;

“Person” includes firm or company;

“Recorded owner” means a person, firm, or company, who has purchased from a factory or its agents, all that particular factory’s right, title, and interest in certain quantities of butter for export to London.”.

2. The War Precautions (Dairy Produce Pool) Regulations are amended by inserting therein, after regulation 27, the following regulations:—

Functions of Federal Butter Committee of Australia vested in the Committee.

“28. All the powers and functions of the Federal Butter Committee of Australia constituted on the 26th day of July, 1917, for the purpose of arranging and controlling the sale of the surplus butter of the Commonwealth shall on and from the commencement of, and subject to regulations 28 to 37 of these Regulations, be vested in and exercisable by the Committee.

Moneys of Federal Butter Committee vested in Committee.

“29. All moneys in the possession or standing to the credit of, or due and payable to the Federal Butter Committee of Australia, shall be vested in or payable to the Committee.

 

Moneys vested in Federal Butter Committee, how dealt with.

“30. Moneys vested in or paid to the Committee in pursuance of the last preceding regulation shall be dealt with in the following manner:—

(a) the outstanding debts and liabilities (if any) of the Federal Butter Committee of Australia shall be paid;

(b) the balance (if any) after payment of the debts and liabilities mentioned in the last preceding paragraph shall be distributed to the butter factories and producers in the States of New South Wales, Victoria, Queensland, South Australia, and Tasmania in the manner provided in regulations 31 to 37 of these Regulations.

Distribution of balance of amount retained for expenses.

“31. The unexpended portion of the amount of three and one-half per cent. retained out of the original purchase money for the purpose of paying freezing charges, insurance and administration charges; and the unexpended portion of the amount retained to defray the cost of removing the butter from the Government Store to the ship’s side shall be distributed among the persons, firms, or companies who sold butter to the Imperial Government through the Federal Butter Committee of Australia, the amount payable to any person, firm, or company being proportionate to the quantity of butter so sold by the person, firm, or company.

Distribution of profits.

“32. The amount received from the Imperial Government, being portion of the profit made on the resale in Great Britain of Australian butter for the season 1917-18, shall, subject to regulations 28 to 37 of these Regulations, be distributed to—

(a) the butter factories in New South Wales, Victoria, Queensland South Australia, and Tasmania; and

(b) other butter producers in those States who sold milked butter produced in the year ending 30th June, 1918, to the Imperial Government through the Federal Butter Committee of Australia.

How distribution of profits to be determined.

“33. The amount to be paid under the last preceding regulation to each butter factory or producer shall subject to regulations 28 to 37 of these Regulations be determined by the proportion produced or sold by the factory or producer of the total quantity of butter produced or sold during the year ending 30th June, 1918, by the factories and producers mentioned in that regulation:

Provided that where butter has been sold by a butter factory or its agent for export to Great Britain, and the purchaser is recorded in the books of the Federal Butter Committee of Australia as the owner, the amount which would but for such sale have been paid to the factory in respect of the butter so sold, shall be paid to the purchaser, and the factory shall be entitled to receive only an amount proportionate to the quantity of butter it has produced in excess of the quantity so sold.

Settlement of disputes between factories and purchasers for export.

“34.—(1.) Where butter has been sold by a butter factory to a purchaser for export to Great Britain and the amount which would but for such sale have been paid to the butter factory is to be paid in accordance with the proviso to the last preceding regulation, the Committee shall cause notices to be posted to the butter factory and the purchaser specifying the amounts respectively payable to the butter factory and purchaser.

“(2.) In the event of any factory or purchaser (in this regulation referred to as ‘the claimant’) being dissatisfied with the amount to which it or he is declared to be entitled by any notice in pursuance of the last

preceding sub-regulation, the claimant may, within fourteen days of the date of the notice, forward to the Committee a notice to that effect and nominating a person to act on his behalf as arbitrator.

“(3.) Upon receipt of a notice from a claimant in pursuance of the last preceding sub-regulation, the Committee shall forthwith notify the other person concerned (in this regulation referred to as ‘the respondent’), and the respondent shall within seven days of being so notified forward to the Committee a notice—

(a) that he admits the contention of the claimant; or

(b) that he does not admit the contention of the claimant and nominating a person to act on his behalf as arbitrator.

“(4.) If the respondent fails to forward to the Committee a notice in pursuance of the last preceding sub-regulation, the arbitrator nominated by the claimant may proceed to consider the matter, and his decision thereon shall be final.

“(5.) If two arbitrators nominated under this regulation agree, their decision shall be final, and if they do not agree within such time as is fixed by the Committee, they shall appoint a person to be umpire, and his decision shall be final.

“(6.) The person against whom the decision is given shall pay the costs of the arbitration, and the Committee may deduct the amount of the costs from the amount (if any) due under regulations 28 to 37 of these Regulations to the person who is liable to pay the costs.

Sales overseas other than through the Federal Butter Committee.

“35. Where a factory or producer (in this regulation referred to as the exporter’) which or who is entitled to receive any payment from the Committee in pursuance of regulations 28 to 37 of these Regulations has sold butter to an overseas purchaser other than the Imperial Government and the sale was not effected through the Federal Butter Committee of Australia, the amounts payable under regulations 28 to 37 of these Regulations to the exporter and to the other factories and producers shall be determined as follows:—

(a) to the amount available for distribution under regulation 32 of these Regulations there shall be added the amount received by the exporter in respect of the butter so sold in excess of the price at which butter was supplied by the Federal Butter Committee of Australia under contract to the Imperial Government at the time the sale was effected;

(b) the total amount ascertained as provided in the last preceding paragraph shall then be divided on the proportionate basis specified in regulation 33 of these Regulations and from the share, so ascertained, of the exporter, there shall be deducted the amount which was added in accordance with the last preceding paragraph to the amount available for distribution.

Payment of amounts in respect of milled butter

“36. The amount payable under regulations 28 to 37 of these Regulations in respect of milled butter shall be paid to the shipper shown in the books of the Federal Butter Committee of Australia as the recorded owner of such milled butter.

Decision of Committee final.

“37. Except as provided in regulation 34 of these Regulations, the decision of the Committee on any matter arising under regulations 28 to 36 of these Regulations shall be final.”

 

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.