STATUTORY RULES.
1916.
No. 322.
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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, and I
declare that the Regulations shall, unless otherwise specified, be deemed to
have come into operation on the twenty-third day of November, 1916.
Dated this twentieth
day of December, 1916.
R. M.
FERGUSON,
Governor-General.
By His Excellency’s
Command,
W. M. HUGHES,
for Minister of State for Defence.
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War Precautions (Wool)
Regulations.
Short title and
commencement.
1. (1) These
Regulations may be cited as the War Precautions (Wool) Regulations 1916.
(2) These Regulations (excepting Regulations 18
and 28) shall be deemed to have come into operation on the twenty-third day of
November, 1916.
Central and State
Wool Committees.
2. For the
purposes of these Regulations there shall be a Central Wool Committee, in these
Regulations referred to as “the Central Committee”, and there shall in each
State be a State Wool Committee, in these Regulations referred to as “a State
Committee”.
Central
Committee.
3. (1) The
Central Committee shall consist of a Chairman and of eight members, viz.:—
2
Wool Growers;
3
Wool Sellers;
1
Wool Buyer;
1
Manufacturer;
1
Scourer or Fellmonger.
(2) The members of the Central Committee shall be
appointed by the Prime Minister and shall hold office during his pleasure.
(3) The first members of the Central Committee
are:—
Wool Growers.
Edmund Jowett.
John Archibald Campbell.
Wool Sellers.
Walter James Young.
Andrew Howard Moore.
William Stevenson Fraser.
Wool Buyer.
Robert Bond McComas.
Manufacturer.
Burdett Laycock.
Scourer.
Frederick William Hughes.
Chairman and Government
Nominee.
John Michael Higgins.
State Committee.
4. (1) Each
State Committee shall consist of eight members as follows:—
2
Wool Growers;
3
Wool Sellers;
1
Wool Buyer;
1
Manufacturer;
1
Scourer or Fellmonger.
(2) The Members of a State Committee shall be
appointed by the Prime Minister, after nomination by a conference of persons
representing the various branches of the wool industry, and shall hold office
during his pleasure; and one of their number shall be appointed by the Prime
Minister to be the Chairman.
Administration of
Regulations.
5. The Central Committee shall have the control
of the administration of these Regulations subject to the directions of the
Prime Minister.
State Committee
to comply with instructions of Central Committee.
6. The State
Committees shall comply strictly with all instructions issued to them by the
Central Committee.
State Committee
to forward reports to Central Committee.
7. As soon as possible after any meeting of a
State Committee, the Committee shall forward a report of the proceedings of the
meeting to the Central Committee.
Decisions of
State Committee subject to revision by Central Committee.
8. The decisions
of a State Committee shall be subject to revisions by the Central Committee,
and no matter of policy or change of policy shall be given effect to by a State
Committee until the consent of the Central Committee has first been obtained.
Member of Central
Committee may attend meeting of State
9. Any member of
the Central Committee shall be entitled to attend any meeting of a State
Committee and to speak thereat but not to vote.
Prohibition of
sale of wool or tops.
10. No person
shall sell any wool or tops except through or to or with the consent of the
Commonwealth Government or otherwise in accordance with these Regulations.
Existing
contracts for sale of wool or tops voidable.
11. Existing
contracts for the sale of wool or tops shall, after investigation, be voidable
upon the recommendation of the Central Committee approved by the Prime
Minister.
Limits for each
description of wool.
12. The limits for
each description of wool throughout the Commonwealth shall be fixed by the
Central Committee as far as possible in proportionate relation to the prices
ruling for that description in the Australian market during the months of
October and November, 1916, but so that the average of the total payments per
pound shall not exceed the price to be paid by the Imperial Government for the
wool.
State
Committee to arrange for appraisement of prices.
13. It shall be
the duty of each State Committee to arrange for the appraisement of the prices
to be paid for each parcel of wool in accordance with the list of limits fixed
by the Central Committee.
Appointment of
appraisers.
14. The Prime
Minister, after a recommendation from the Central Committee, shall appoint
appraisers in each State, and such appointments shall be held during the Prime
Minister’s pleasure and may be cancelled without notice, and no person shall
act as an appraiser until so appointed.
Appraisement.
15. (1) The
appraisement of each parcel of wool shall be made by three sworn appraisers,
one representing the selling house, on behalf of the wool grower, and two
representing the Commonwealth Government.
(2) The appraisers shall appraise each lot of
wool submitted and determine its value. Such determination shall be final and
without appeal.
Duty of
appraisers.
16. The duty of
the appraisers representing the Commonwealth Government shall be—
(a) to deal with such parcels of wool as
are apportioned to them by the State Committee;
(b) to estimate the value of each such
parcel of wool upon the basis prescribed by these Regulations;
(c) to examine the bulk of each parcel,
and, after comparing with sample bales upon which an appraisement was made,
make any adjustment with the wool-selling brokers, if necessary, as provided
for by the rules and regulations hitherto governing the sale of wool;
(d) to check the invoices of the selling
brokers and certify as to their correctness;
(e) if required—
(i)
to re-allot such parcels of wool in such a way that each re-allotted parcel
shall comprise wool of similar character of various brands;
(ii)
to supervise the removal of wool from the store to the ship;
(iii)
to have counter marks placed on all bales comprised in each re-allotted parcel;
(iv)
to make out bills of lading;
(v)
to lodge for signature and obtain the bills when signed;
(vi)
to pay wharfage charges;
(vii)
to make out invoices of the re-allotted parcels and prepare a statement showing
that the total of same plus wharfage paid and their remuneration at the rate
hereinafter provided agrees with the total of the selling broker’s invoice;
(viii)
to lodge all such documents in triplicate with the State Committee, or as
directed by the State Committee, and to keep a copy for future reference.
Examination of
wool.
17. The conditions
under which the wool shall be examined shall, subject to these Regulations, be
the same as prevailed in each selling centre prior to the twenty-third day of
November, 1916.
Declarations of selling
broker and appraiser.
18. (1) Each
wool-selling broker shall, before he sells any wool or tops, sign a declaration
in accordance with Form A in the Schedule.
(2) Each wool appraiser shall, before acting
under these Regulations, sign a declaration in accordance with Form B in the
Schedule.
(3) If any wool-selling broker—
(a) makes, in any declaration signed in
pursuance of this Regulation, any false statement; or
(b) sells wool or tops before he has
signed the declaration prescribed by this Regulation; or
(c) sells wool or tops after the Prime
Minister has notified him that he is not permitted to sell wool or tops,
he shall be guilty of an offence.
(4) If any wool appraiser—
(a) makes, in any declaration signed in
pursuance of this Regulation, any false statement; or
(b) acts under these Regulations before
he has signed the declaration prescribed by this Regulation; or
(c) acts under these Regulations after
his appointment has been cancelled, he shall be guilty of an offence.
Payment of
appraisers.
19. For performing
the services set forth in Regulations 15 and 16 in respect of wool apportioned
to them and all or any other services, including buying brokerage, that they
would or should have performed in the ordinary way, if they were acting for
their ordinary clients, the appraisers representing the Commonwealth Government
shall charge and be paid a remuneration the basis of which shall he that the
total remuneration calculated upon the amount of each invoice shall not exceed
the rate of one per cent. They shall also be repaid the amount paid by them in
respect of wharfage and/or cartage if incurred.
Duties of
existing selling brokers in each State.
20. The existing
selling brokers in each State shall, acting under the direction of the State
Committee, display wool for sale in the usual way, and after the appraisement
of the value of each lot has been made as prescribed shall for a reasonable
number of hours give every facility, to persons properly authorized to do so,
to examine any such lots, and shall hand to such authorized persons, when so
requested, copies of the appraisements made. The selling brokers shall invoice
to such authorized persons any lots which they wish to purchase for local
manufacture, if available, and shall account for them to the Commonwealth
Government.
Broker may be
prohibited from selling wool or tops.
21. The Prime
Minister may at any time notify a wool-selling broker, in writing, that he is
not permitted to sell wool or tops, and the wool-selling broker shall not,
after the receipt of such a notification, sell or offer for sale any wool or
tops.
Returns to be
furnished to Central Committee by appraisers,
22. The appraisers
shall furnish to the Central Committee, if and when directed, returns of all
appraisements made and reports on other matters appertaining to their duties.
Allotment of
space by Central Committee.
23.
(1) The Central Committee shall,
from time to time, allot to each State on an equality basis space for wool as
freight becomes available.
(2) Such allotment of freight shall be on the
basis of the quantity of wool appraised in each State.
(3) Particulars of such allotment shall, from
time to time, be forwarded by the Central Committee to each State Committee.
General policy.
24. The general policy to be observed in the
administration of these Regulations shall be equality of treatment.
Appointment of
arbitrator.
25. In case of a
dispute as to any matter arising under these Regulations the Prime Minister
may, if he thinks fit, on the request of the Central Committee, appoint an
arbitrator whose decision shall be final.
Reimbursement of
Commonwealth Government,
26. The
Commonwealth Government shall be entitled to be reimbursed out of moneys
received from the Imperial Government for all expenses which may be incurred in
connexion with the administration of these Regulations.
Alteration or
repeal of Regulations.
27. These
Regulations are subject to alteration, and any such alteration, or the repeal
of the Regulations, shall not be a ground for any claim on the part of any
person.
Repeal of S.R.
1916, No. 300.
28. Regulation 23
of the War Precautions (Supplementary) Regulations (Statutory Rules 1916, No.
300) is hereby repealed.
C.––6188.—2
Form A.
The Schedule.
Commonwealth of Australia.
The War Precautions (Wool)
Regulations.
Declaration by Wool-selling
Broker under Regulation 18.
I;
of
being a Wool-selling Broker, do solemnly and sincerely
declare as follows:—
(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.
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 Wool-selling Broker.
Declared at
this
day of
,19 *
Before
me
* Signature of wool-selling
broker.
Signature of
Justice of the Peace or Commissioner for Affidavits or Commissioner for
Declarations.
_______
Form B.
Commonwealth of Australia.
The War Precautions (Wool)
Regulations.
Declaration by Appraiser
under Regulation 18.
I,
of
being an Appraiser appointed, under the above-named
Regulations, do
solemnly and sincerely declare as follows:—
(a) Here insert country of birth. (b) Here insert date of birth. (c) Here insert nationality at date of
birth. (b) Here insert present
nationality.
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, 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 performance of my duties as Appraiser.
Declared at this
day of ,
19 *
Before me
* Signature of appraiser.
Signature of
Justice of the Peace or Commissioner for Affidavits or Commissioner for
Declarations.
______________________
Printed and Published for the Government of the Commonwealth
of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C. 16188.—Price
3d.