War Precautions (Winter Butter Pool) Regulations 1918 (Cth)

STATUTORY RULES.

1918. No. 79.

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REGULATIONS UNDER THE WAR PRECAUTIONS ACT 1914-1916.

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 1914-1916, to come into operation forthwith.

Dated this twenty-third day of March, 1918.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

LITTLETON E. GROOM,

for Minister of State for Defence.

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War Precautions (Winter Butter Pool) Regulations 1918.

Short title.

1. These Regulations may be cited as the War Precautions (Winter Butter Pool) Regulations 1918.

Constitution and duties of Commonwealth Winter Butter Pool Committee.

2. (1) For the purpose of providing as large a quantity of butter as possible for the Imperial Government and an adequate supply of butter throughout the Commonwealth during the forthcoming winter there shall be a Commonwealth Winter Butter Pool Committee (in these Regulations referred to as “the Committee”) consisting of the Commonwealth Prices Commissioner, the Commonwealth Dairy Expert, the Accountant of the Prime Minister’s Department, and one representative of the butter producers in each State.

(2) The representative of the butter producers in each State shall be nominated by the State Advisory Committee in that State subject to the approval of the Prime Minister.

(3) The Commonwealth Prices Commissioner shall be the Chairman of the Committee, and in his absence the Commonwealth Dairy Expert shall act as Chairman. In the absence of both, the members of the Committee present shall appoint one of their number to act as Chairman at the meeting.

(4) The Chairman shall have a second or casting vote.

(5) Four members of the Committee shall be sufficient to form a quorum of the Committee.

(6) It shall be the duty of the Committee to make recommendations to the Chief Prices Commissioner in relation to matters arising under these Regulations, and to advise the Chief Prices Commissioner in relation to such matters as are referred by him to it for advice.

Constitution of State Advisory Committee.

3. (1) For the purpose of advising the Chief Prices Commissioner regarding the details of the working of the Commonwealth Winter Butter Pool in each State there shall be a State Advisory Committee in each State.

(2) The State Advisory Committee shall be elected by the recognised representatives of the Dairy Industry in that State.

C.4492.—Price 3d.

 

(3) The Chief Prices Commissioner, the Commonwealth Dairy Expert and the Accountant of the Prime Minister’s Department may attend any meeting of a State Advisory Committee for the purpose of conferring with that Committee regarding the details of the administration of these Regulations in that State.

(4) Members of a State Advisory Committee shall not be paid any fee for attending meetings of that Committee.

Appointment of official graders and other officers.

4. (1) For the purposes of these Regulations, officers appointed as graders under the Trade Descriptions Act 1905 and approved of by the Chief Prices Commissioner shall be official graders.

(2) The Chief Prices Commissioner may, subject to the approval of the Prime Minister, appoint such other officers as he thinks necessary for the purposes of these Regulations.

Declaration of official graders and other officers.

5. (1) Every official grader and every other officer appointed for the purposes of these Regulations shall, before entering on his duties under these Regulations, make a declaration in accordance with Form A in the Schedule.

(2) Any official grader or other officer appointed under these Regulations who, except in the course of his duty under these Regulations, directly or indirectly communicates or divulges any information relating to any matter which comes to his knowledge in consequence of his employment for the purposes of these Regulations, or is guilty of a breach of any duty or of negligence or carelessness in discharge of any duty imposed upon him by these Regulations, shall be guilty of an offence.

Butter to be subject to Regulations.

6. All butter made at any factory in the Commonwealth from and after the date of the notification in the Gazette of the making of these Regulations shall be dealt with in accordance with these Regulations.

Trade in butter to proceed subject to certain provisions.

7. The trade in butter in the Commonwealth shall proceed as under normal conditions subject to the following provisions:—

(a) It shall be the duty of the Chief Prices Commissioner:—

(i) to provide, as far as possible, freshly made butter for local and Inter-State trade and for that purpose to give such directions in relation to the trade in butter as he thinks fit;

(ii) to acquire for storage such butter as he deems necessary in order to meet the shortage of winter production;

(iii) to use the stored butter in such manner as he thinks fit and to supply it, during the period of shortage, to those places and States wherein a shortage is experienced;

(iv) to see that all butter acquired for storage is paid for according to the price fixed in these Regulations, and that all butter used for Inter-State trade is sold at a price not exceeding the price fixed by him according to grade; and

(v) to have all butter which is acquired for storage graded by an official grader before going into store or being transferred from one State to another;

(b)Each manufacturer of butter may be called upon to contribute to the Winter Butter Pool such percentage of the amount manufactured by him as the Chief Prices Commissioner deems necessary;

 

(c) Existing contracts for the sale of butter shall, after investigation be voidable upon the recommendation of the Chief Prices Commissioner approved by the Prime Minister;

(d) Each official grader shall issue a certificate in accordance with Form C in the Schedule for any butter which is submitted to him on behalf of the Chief Prices Commissioner and is found by him on examination to be of the grade and quality specified in Form B in the Schedule and to be of such a nature as to grade not less than 92 points;

(e) The grade certificate shall be in triplicate, and one copy shall be retained by the official grader, one copy shall be transmitted to the manufacturer, and one copy shall be transmitted to the agent of the manufacturer who will present it to the Commonwealth Bank, together with the storage warrant when seeking payment for the butter;

(f) The Chief Prices Commissioner may for and on behalf of the Commonwealth Government purchase such quantity of butter as is approved by the Prime Minister and complies with the standard specified in paragraph (d), and the price payable for the butter so purchased shall be at the rate of 149s. 4d. per cwt. with one shilling per cwt. per point additional for all butter grading over 92 points delivered in the cool stores specified by the Chief Prices Commissioner;

(g)The butter shall be held in cool stores at a temperature to be decided on by the Chief Prices Commissioner;

(h)Upon any butter purchased for the purpose of the Pool being placed in cool stores as specified by the Chief Prices Commissioner, a storage warrant shall be obtained by the manufacturer or his agent and that warrant shall be presented to the Commonwealth Bank when payment is sought;

(i) The Chief Prices Commissioner shall take precautions for the safe custody of butter placed in the cool stores and shall insure it on behalf of the Commonwealth at the full value plus 10 per cent.;

(j) On completion of the purchase of any butter under these Regulations, the manufacturer or his agent shall submit to the Commonwealth Bank a statement accompanied by—

(1) Certificate of the Official Grader;

(2) Storage Warrant;

(3) Insurance Cover;

(k)When any butter purchased by the Chief Prices Commissioner under these Regulations is placed in cool stores, the Chief Prices Commissioner shall have containers of the butter marked with an indelible brand in order that the identity of the butter may be effectively secured;

(l)Butter shall be paid for in full less 2 per cent. which shall be retained until the agent finally sells the butter;

(m) The agent’s commission for forwarding butter to cool stores shall be one per cent., which amount may be deducted by him from the amount due to the factory which produces the butter;

 

(n)On the sale of the butter by the agent he shall receive the amount originally retained;

(o) When any shortage of butter occurs in any State or part of a State, the Chief Prices Commissioner shall notify the agents who have usually had the handling of butter in that State or part that butter to fill the shortage is available from the Pool, and shall require the agent to sell such quantity of butter as he specifies;

(p) In the event of there being more agents than one accustomed to handling butter in that State or part, the Chief Prices Commissioner shall in exercising his powers under the last preceding paragraph apportion the amount to be supplied by each agent on the basis of the usual volume of business of the agent in that State or part;

(q)The price to be obtained by the agent for butter from the Pool in pursuance of these Regulations shall be determined by the Chief Prices Commissioner; and

(r) Before any butter is withdrawn from the Pool or store the agent intrusted with the sale of that butter shall pay to the Commonwealth Bank the amount determined by the Chief Prices Commissioner as the amount to be paid for the butter, and shall produce to the Chief Prices Commissioner the pay-in slip in respect of such payment and the Chief Prices Commissioner shall thereupon cause to be issued an order on the store for the delivery of the butter.

Failure to comply with direction of Chief Prices Commissioners.

8. Any person who refuses or fails to comply with any direction of the Chief Prices Commissioner in relation to the trade in butter given with a view to providing freshly made butter for local and Inter-State trade shall be guilty of an offence.

Return of stocks of butter.

9. (1) For the purposes of these Regulations, the Chief Prices Commissioner may, if he thinks fit, require any producers of butter in the Commonwealth to furnish a return in accordance with Form D in the Schedule.

(2) A requirement under this regulation may be served personally or by publication in the Gazette.

Distributors to furnish estimates of requirements.

10. The Chief Prices Commissioner may require any distributor of butter to furnish estimates of the requirements of his trade from time to time.

Merchants, &c. to furnish statement of stocks.

11. For the purpose of these Regulations, the Chief Prices Commissioner may cause to be furnished a statement from time to time showing the butter held in store by any merchant, exporter, grocer or other person who holds a quantity of butter exceeding 10 boxes containing 56 lbs.

Failure to furnish returns, &c.

12. Any person who, upon being required to furnish a return, estimates or a statement in pursuance of any of the last three preceding regulations, fails or refuses to do so, or furnishes a return, estimates or a statement false or misleading in any respect, shall be guilty of an offence.

Repeal.

13. The War Precautions (Winter Butter Pool) Regulations 1917 (Statutory Rules 1917, No. 99) are repealed as from the date of the making of these Regulations.

 

THE SCHEDULE.

Form A.

Commonwealth of Australia.

The War Precautions (Winter Butter Pool) Regulations.

Declaration by Officers under Regulation 7.

I of  being  appointed under the above-named Regulations, 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  and that except in the course of my duty under the above Regulations, I will not directly or indirectly communicate or divulge any information relating to any matter which comes to my knowledge in consequence of my employment for the purposes of those Regulations.

Declared at this day of 19 .

Before me*

*Signature of Justice of the Peace or Commissioner for Affidavits or Commissioner for Declarations.

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Form B.

The War Precautions (Winter Butter Pool) Regulations.

Grade of Butter to be Contributed by Manufacturers to the Pool.

Superfine or First Grade in accordance with the Regulations for the time being in force under the Commerce (Trade Descriptions) Act 1905.

Quality of Butter to be Contributed by Manufacturers to the Pool.

For the purpose of determining the quality of butter which may be contributed by manufacturers to the Pool, butter shall be graded as follows:—

Flavour and aroma, a maximum of 50 points.

Texture, including body, grain, and moisture, a maximum of 30 points.

Condition, including colour, salting, packing, and covering, a maximum of 20 points.

Butter so contributed must score not less than a total of 92 points.

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Form C.

Certificate No.

(on Boxes).

Commonwealth of Australia.

The War Precautions (Winter Butter Pool) Regulations.

Butter Grade Certificate.

This is to certify that Boxes of Butter, branded have been examined and awarded points as follows:—

Grade.	Flavour (Maximum 50).	Texture (Maximum 30).	Condition (Maximum 20).	Total (Maximum 100).
FIRST GRADE.................................................................
Remarks.
Flavour including aroma...................................................
Texture, including body, grain, and moisture...................
Condition, including colour, salting, packing, and covering
Weights..............................................................................	Sample boxes weighed and found correct.

Dated at , in the State of , the

day of 191 .

Official Grader.

C.4492.—2

Commonwealth of Australia. Form D.

The War Precautions (Winter Butter Pool) Regulations.

Return of Stocks of Butter held by Producers.

Name of Factory

Return of stocks of butter held for the week ending

Butter in stock at end of last week lbs.

Butter manufactured during current week lbs.

Butter sold locally during current week lbs.

Butter on hand lbs.

Signed

Manager or Secretary.

 

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